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.
With respect to any claim that any of the services were deficient, you must notify the Company by email addressed to firstname.lastname@example.org 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.
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.
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 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.
In consideration of the Band’s consent to allow me to participate in any or all recreational or other activities related to Miami Broward One Carnival (including without limitation, King and Queen Presentation, Kids Carnival, the Parade of Bands or J’ouvert festivities), I hereby knowingly, freely and voluntarily agree to waive, release and discharge any and all claims for damages for death, personal injury, or property damage that may have, or that may subsequently accrue to me as a result of my participation in recreational or other activities offered, afforded, or sponsored by the Band.
Assumption of Risk: I understand that the Miami Broward One Carnival, by its very nature, includes certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary, and may range from: 1) minor injuries such as scratches, bruises, sprains, and the like, to 2) major injuries such as loss of hearing, eye injuries, loss of vision, loss of limb, joint or back injury, heart attack, and concussions, to 3) catastrophic injuries including death. I understand and appreciate that these and other risks are inherent in the above-listed events and activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I further understand that I am ultimately responsible for my own safety.
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.
Hold Harmless and Indemnification: I agree, for myself, my heirs, personal representatives or assigns, to defend, hold harmless, and indemnify, the Band, its officers, directors, employees, agents, volunteers, and affiliates, from and against any and all claims, demands, actions, suits, procedures, causes of action, damages, costs (including reasonable attorney’s fees) and expenses that may result from or is in any way related to my participation in the Miami Broward One Carnival. This indemnity includes claims based on the negligence (whether sole, active, passive, or gross) of the Band, its officers, employees, agents, affiliates, and volunteers, but expressly does not include claims based on their intentional misconduct.
Release and Waiver: I hereby release, waive, and covenant, not to sue the Band, its officers, directors, employees, agents, volunteers, and affiliates, from and for any and all claims and/or liability resulting from any personal injury, accident or illness (including death), and/or property damage or loss, however caused by, arising from, or in any way related to, my participation in the Miami Broward One Carnival. This release includes claims based on the negligence (whether sole, active, passive, or gross) of the Band, its officers, employees, agents, affiliates, and volunteers. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue. Conduct: I agree to follow all instructions, procedures, measures and directions given to me by the Band or any of its staff or representatives and understand that my failure to do so may result in property damage or injury or death to me or to a third party. I understand that my invitation to participate in recreational or other activities on the Properties may be revoked at any time for any reason by the Band or any of its agents, managers, employees or representatives.
Permission to Use Likeness/Name: The undersigned further agree to allow, without compensation, Participant’s likeness and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting the Miami Broward Carnival or the Band, and/or its, events and activities, including those of its representatives, assigns, and licensees. Severability: I understand that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect and be binding on myself, my spouse, my heirs and personal representatives.
I UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMINTY IS INTENDED TO WAIVE, RELEASE, DISCHARGE AND INDEMINIFY IN ADVANCE THE BAND AND ITS AFFLIATES, SUBSIDIARIES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INSURERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITY TO ME ARISING FROM MY PARTICIPATION IN ANY AND ALL RECREATIONAL OR OTHER ACTIVITIES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL, INCLUDING ANY DEMAND, RIGHT OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE ON THE PART OF THE BAND), CONTRACT, WARRANTY, OR ANY OTHER THEORY OF RECOVERY, AT LAW OR INEQUITY, VESTED OR CONTINGENT, THAT I OR MY SPOUSE, FAMILY, PARENTS, CHILDREN, ESTATE, HEIRS, AGENTS, INSURERS, SUCCESSORS OR ASSIGNS MAY AT ANY TIME HAVE AS A RESULT OF MY PARTICIPATION IN RECREATIONAL OR OTHER ACTIVITIES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LIABILITY (INCLUDING CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES) ARISING FROM INJURY OR DAMAGE THAT I SUFFER OR CAUSE DURING MY PARTICIPATION IN RECREATIONAL OR OTHER ACTIVITES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL, WHETHER SUCH INJURY OR DAMAGE IS FORESEEN OR UNFORESEEN OR WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE.