“Goods” means any goods or tickets and/or services provided by the Company as ordered by the Client
“ Company” means Big League Dream Day
“ Client” means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3) FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.
The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.
5.1 Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company.
5.2 For email invitations, online fulfillment projects and direct marketing files it is a requirement of the Company, that the email piece, online form or mail piece shall be approved by the company before an order can be confirmed and any data dispatched.
6) RIGHT TO SUB CONTRACT
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
The Company will use its best endeavors to supply the services or materials within the quoted time (normally within 1 week of game days) but time will not be of the essence within the contract.
The Client acknowledges that the rights to the Goods are owned by the provider and that the Goods are protected by copyright laws, international treaty provisions and all other applicable national laws.
9) RISK OF LOSS
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.
10.1 New clients or other clients out of terms may be expected to pay in advance for their services.
10.2 All other invoices issued by the Company shall be paid by April 1 at bigleaguedreamday.com unless otherwise agreed in writing by the Company. No late payment will be accepted
10.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of purchase of the goods. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
10.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
In view of the nature of the service, any order – once confirmed by the Company – cannot be cancelled. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
12.1 The majority of services as supplied by the company are dispatched electronically by email and shall be deemed as having been delivered when the email has been opened by the client.
12.2 The Company reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient; in which case delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Company will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
12.3 All deliveries of tickets will commence 1-2 weeks prior to game dates, except when inventory has reached zero
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.
14) LOSS OR DAMAGE TO SUPPLIES
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the others business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
16.1 The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
16.2 The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
16.3 Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.
17) LIMITATION OF LIABILITY
17.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
17.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
17.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.
18) FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
19) HOLD HARMLESS
BIG LEAGUE DREAM DAY PHOTO RELEASE FORM
I hereby grant Big League Dream Day permission to use my team and player likeness in photographs, videos, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of the Big League Dream Day and will not be returned.
I hereby irrevocably authorize Big League Dream Day to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein the likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge Big League Dream Day from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I, AS THE TEAM REPRESENTATIVE, HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE AND HAVE OBTAINED THE REQUIRED CONSENT OF THE PARENTS/LEGAL GUARDIANS ON MY TEAM. I ACCEPT:
20) GOVERNING LAW
These Terms of Trading shall be subject to and construed in accordance with the laws of the United States and the parties hereby submit to the exclusive jurisdiction of the courts.
***The Big League Dream Day logo is owned by Big League Dream Day LLC and bigleaguedreamday.com. Any other logo that is visible on the Big League Dream Day website, has been authorized for use by that team***