Thank you for choosing Gaming On Wheels! It is our pleasure to serve you. We want you to have a great time, but the lawyers make us send this out. Here is the legal stuff. I. OVERVIEW AND DEFINITIONS Definitions. GAMING ON WHEELS (hereinafter “GOW”) is the service provider and shall include GOW as well as its employees, agents, or assigns. You, the Client (hereinafter “Client”) shall include the person receiving services from GOW and shall include but not be limited to the owner of the property where the event is being held, the host of the event, and guests at the event. Collectively, GOW and Client shall be referred to as “the Parties.” The event Client is hiring GOW for shall be defined in external communications between the parties and is hereby incorporated by reference (hereinafter “the Event”). Scope. This document, titled Term and Conditions, shall serve as the agreement between the Parties. The scope of work between the parties, unless otherwise specified in a signed writing, shall consist of GOW providing gaming and other related entertainment services (if specified in writing) for the time period agreed upon by the Parties. Client shall be the beneficiary of services rendered by GOW as specified herein and via incorporation by reference. II. ACCEPTANCE Client unconditionally agrees to these Terms and Conditions by any of the following acts: (1) signing the terms and conditions; (2) submission of deposit to GOW; or (3) GOW providing Client the beneficial service prior to receipt of payment. III. LIABILITY Client shall hold harmless, defend, and indemnify GOW against all liability, claims, demands, and lawsuits for personal injury, property damages, delay claims, and any other type of loss or damage. This shall include but is not limited to both above ground and below ground property/equipment damage and personal injuries. GOW assumes no responsibility for any injuries sustained on Clients’ property or their designated location. All liability for damages or injuries are the sole responsibility of Client. GOW shall not be liable for delays, delay damages, or consequential, special, or incidental damages. GOW’s maximum liability is the agreed upon contract amount. IV. DAMAGES TO GOW EQUIPMENT GOW reserves the right to charge Clients’ credit card for damages to GOW’s trailer or any equipment resulting from the careless, negligent, or willful conduct of Client. Client shall be entitled to a summary of any such damages prior to being charged at the request of Client. V. PRIVACY POLICY Dissemination of Information. GOW is committed to protecting your privacy. We do not sell, trade, or rent your personal information to third parties. Photo Release Authorization. Client grants GOW full authority and all rights to photograph and record video of the event to be used for advertising and illustrative purposes. Client may exercise the right to refuse this release of photo and video recording by making such a request in writing. VI. PAYMENT AND CANCELLATION POLICY Payment Terms. A deposit of $100.00 is required at the time of reservation. The deposit is applied to Clients’ balance on the day of the event. Prior to commencing on the date of the event, Client must pay the remaining balance in full. The total amount for the Event is hereby incorporated by reference to any communication discussing the contracted amount. All prices offered by GOW are cash prices. Cash is defined as paper currency (US denominations), bank transfer, or wire transfer. GOW reserves the right to accept credit card payments for an additional 3% fee. Cancelation Policy. GOW provides most of its’ awesome environment, rain or shine. Nonetheless we understand that emergencies can happen. Cancellations made at least fourteen (14) days prior to the event will receive 100 % refund. Cancellations made thirteen (13) days or less prior to the scheduled event date shall only be allowed to reschedule, meaning the deposit becomes non-refundable at that point. GOW maintains the exclusive right to unilaterally terminate services in the event Client acts unruly, disrespectful, violent, or engages in any other conduct (to be determined in GOW’s sole opinion) that impedes GOW from performing its work or affects the safety of GOW, Client, or any third party. VII. MISCELLANEOUS Choice of Law. All matters arising under these Terms and Conditions are governed by Florida law. In the event of any issue arising between the parties under the terms of this Agreement and as a condition precedent to arbitration, the matter shall be mediated in the County where the property is located by a Florida Bar Board Certified Lawyer who is also a Florida Supreme Court Circuit Certified Mediator. The parties shall evenly split the cost of mediation, which must be paid in advance of mediation. All disputes remaining after mediation shall be resolved by arbitration in Miami-Dade County, Florida under the aegis of the American Arbitration Association pursuant to its rules for construction disputes. The claimant in any such arbitration shall allege each cause of action as if pleading in state court, failure of which shall result in immediate dismissal upon motion. Any motion to confirm an award may be filed no less than sixty (60) days after the date of the final award and only if the award remains unsatisfied. Prevailing Party. In the event of any legal issue arising or involving these Terms and Conditions, the prevailing party shall be entitled to recovery of all reasonable attorneys fees and costs. By making payment, receiving the service, or signing below, I, Client, agree to the TERMS AND CONDITIONS listed above.
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