By purchasing or attempting to purchase any product(s) and/or service(s) offered or advertised by Big & Strong Inc./One Island Body Paint Band (together the “Company”), and in consideration of being allowed to participate in the Miami Broward Carnival Parade (the “Event”) you (the “Customer” or “You”) are stating that you fully and unconditionally agree to all policies, disclaimers, terms, conditions, and guarantees detailed herein.
- Refund/Return Policy
- Please note that carnival costumes are custom-made items therefore once a down-payment is made, it is non-refundable.
- Additionally, there will be:
- NO exchange or switching of sections.
- NO changing of measurements or sizes
- NO Costume Transfers
- NO Returns Accepted
With respect to any claim that any of the services were deficient, you must notify the Company by email addressed to email@example.com immediately following the Company’s non-performance of services offered. If you fail to give the Company written notice of such deficiency immediately, the Company will not be required to remedy such deficiency. Provided that you give the Company notice in accordance with this paragraph, the Company agrees to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to provide proof of such deficiency to enable such efforts. If no proof of such deficiency is provided to the Company, the Customer will not be liable for a refund. If the Company, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in Limitation of Liability. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified in this Agreement.
Limitation of Liability
Partial refunds may be awarded to the Customer at the Company’s sole discretion, including but not limited to when the foregoing conditions have been met, partial services have been provided prior to a written request being received, or, if the Company is unable to complete all of the Services purchased.
Chargebacks and Attorneys’ Fees
Dishonest claims for chargebacks is deemed fraudulent, which results from a customer making a purchase with his or her own credit card, receiving the merchandise/service and then filing for a chargeback. This involves dishonest people who would like to benefit from our Services without actually paying for it. If you request a refund on services rendered, for any amount paid by You via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, the Company reserves the right to charge and You agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, You agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that You owe to the Company, whether incurred before or after civil litigation is commenced.
Costume Collection Policy
Costume packages must be collected in person with a valid form of ID. Persons may collect the costume in their name only. The costume distribution schedule will be advertised via electronic or print media. The final date of costume distribution is Carnival Saturday, October 7th, 2017, after which all uncollected costumes remains the property of BIG & STRONG INC. and any down-payments are forfeited.
In order to collect a costume on behalf of another masquerader, the person collecting the costume must present a signed letter authorizing them to collect the costume on the owner's behalf, accompanied by a copy of the costume owner's ID. The signature on the letter and ID must match.
Assumption of Risk and Release
By participating in this Event, you acknowledge that there are certain risks associated with your participation in the Event, any of which could result in serious bodily injury or death, and further acknowledge that your participation in the Event could involve potential danger to your person and property.
You represent, warrant, covenant and agree that you are participating in the Event entirely of your own choice and volition, and you knowingly and voluntarily intend to participate in the Event after being apprised of such risks and dangers.
You, on your own behalf and on behalf of your heirs and assigns, do hereby now and forever fully and finally release, remise, acquit and discharge Company, Miami Broward One Carnival Host Committee, Inc. (“MBOCHC”), and each of their respective affiliates, officers, directors, employees and agents (collectively) of and from any and all rights, claims, debts, damages, demands, actions, liabilities, responsibilities, causes of action, covenants, suits and judgments, of any kind or nature whatsoever, whether known or unknown, developed or undeveloped, anticipated or unanticipated, discoverable or undiscoverable, which you have or might have or might claim to have against Company and MBOCHC, arising out of or in any way related to or associated in any way with regard to your participation in the Event, or any injury, damage or loss of any nature related to or arising out of or in connection therewith.
You agree to indemnify and hold MBOCHC and Company harmless from and against any and all claims, injuries, damages, liabilities, losses and cost or expenses (including reasonable attorneys’ fees) arising from or in connection with your acts, omissions, activities, conduct and participation in the Event. You understand and agree that this agreement is not, and shall not be construed as, an admission by MBOCHC or Company of any liability whatsoever. This Agreement and each of its provisions shall not be offered or received in evidence in any action or proceeding as an admission or concession of liability of any nature on the part of Company or MBOCHC.
You hereby grant Company and MBOCHC the right to use your name, likeness, voice, biographical and other information (the “Likeness”) for advertising, promotional, and related purposes in connection with the activities or promotion of the Event, or activities of Company or MBOCHC and to photograph, record, videotape, transmit and distribute your Likeness in all media including, but not limited to, flyers, social media, brochures and other printed or digital material. It is expressly agreed that MBOCHC and Company may employ or authorize any third party, including the media, to exercise these rights on its behalf.
The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. Notwithstanding anything herein to the contrary, this Agreement shall be fully enforceable by either party in any action at law or in equity, and nothing contained herein shall preclude or be construed to preclude any action in law or in equity by either party against the other to enforce the provisions of this Agreement. This Agreement constitutes the entire agreement with respect to the subject matter herein and shall be governed by and enforced and interpreted in accordance with the law of the State in which the Event is conducted. If any provision or part of a provision of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable by any party.
The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. Notwithstanding anything herein to the contrary, this Agreement shall be fully enforceable by either party in any action at law or in equity, and nothing contained herein shall preclude or be construed to preclude any action in law or in equity by either party against the other to enforce the provisions of this Agreement.
This Agreement constitutes the entire agreement with respect to the subject matter herein and shall be governed by and enforced and interpreted in accordance with the law of the State in which the Event is conducted. If any provision or part of a provision of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable by any party.