Bahamas Masqueraders Terms and Conditions

Bahamas Masqueraders Terms and Conditions

These Terms and Conditions apply to the participation by any individual or corporate vehicle, in any capacity, in any event organized by Bahamas Masqueraders (herein, “BahMas) and with respect to the purchase of a costume for the purposes of participating with BahMas in Road Fever Day, Bahamas. Attendance at any BahMas Event and a BahMas carnival costume is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes. By participating in any BahMas event in any capacity or participating, in any capacity, for any period of time, with BahMas on Road Fever Day, Bahamas (collectively, “Engaging with BahMas”) you agree that the Terms of Use then in force shall apply.

If you do not agree to the Terms of Use, you are not to Engage with BahMas. By Engaging with BahMas you fully and unconditionally agree to all policies, disclaimers, terms and conditions detailed herein.

As a condition of Engaging with BahMas, you warrant that:

(a) you are at least 18 years of age;
(b) you possess the legal authority to create a binding legal obligation;
(c) you will Engage with BahMas in accordance with these Terms of Use;
(d) you will only Engage with BahMas to conduct legitimate transactions for you or for another person for whom you are legally authorized to act;
(e) you will inform such other persons about the Terms of Use that apply to Engaging with BahMas, including all rules and restrictions applicable there to;
(f) if you have a BahMas account for purposes of payments, or any other purpose, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

What is BahMas Costume Refund/Reservation Policy?

A deposit in the amount below per person is required to reserve a costume.

Backline Costume: $100

Midline and King Costumes: $150

Frontline Costume: $200

The remaining balance is due 21 days prior to Road Fever Day. Any costume not fully paid for within the prescribed time becomes the property of BahMas and will become available for resale. Costumes booked within 21 days of Road Fever Day require payment in full. Please note all bank charges including any foreign currency fees or other fees levied in relation to making payments to BahMas are for Your account. No orders will be accepted in a section that is sold out. Payments made to your package including the down payment are NON-REFUNDABLE; this is because costumes are hand and custommade pieces and once youreserve a costume we begin making arrangements for your ultimate Road Fever experience. Additionally, there will be:

(i) NO exchange or switching of sections.
(ii) NO changing of measurements or sizes
(iii) NO Costume Transfers
(iv) NO Returns Accepted

 

Conduct Required of Me as a BahMas Patron: I agree to follow all instructions, procedures,measures and directions given to me by BahMas 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 related to BahMas may be revoked at any time for any reason by BahMas or any of its agents, managers, employees or representatives.

I acknowledge that on Road Fever Day, I am to:

• (1) Wear the identifying band which BahMas will provide to me and that failure to do so means that I will NOT be entitled to the services provided by BahMas to its Patrons on Road Fever Day
• (2) participate / play mas only within the physical parameters BahMas will delineate and must do so on foot and not by any other mode including but not limited to vehicular of any kind
• (3) at all time take due care and attention for the safety of all other BahMas Patrons and third parties.
• (4) NOT encourage or facilitate any non-Patron of the relevant BahMas event from improperly participating with BahMas in any way or for any period of time including I will not facilitate unauthorized access to fetes, or on Road Fever Day I will not facilitate non-authorised access to any of the BahMas trucks, food or drinks or any other service provided by BahMas to its Patrons.
  
  

COSTUME COLLECTION POLICY: Costume packages must be collected in person with avalid form of ID. The costume distribution schedule will be advertised via electronic media during the two weeks prior to Road Fever. Costumes not collected by the final distribution date circulated as above remain the property of BahMas, all payments, whether partial or full, are forfeited and the costume is eligible for resale.

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.

CLAIMS OF DEFICIENT SERVICE: With respect to any claim that any of the servicesoffered by BahMas were deficient, you must notify the Company by email addressed to Bahmasmedia@gmail.com within 72 hours following the Company’s non-performance of services offered. If you fail to give the Company written notice of such deficiency within the stipulated time, 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 within a further 72 hours of the written notification, the Customer will not be eligible 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.

DISPUTES: BahMas is committed to 100% customer satisfaction, so if you have a problem ordispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims on the basis of Bahamian law and in the courts of The Bahamas.

You agree to give us an opportunity to resolve any disputes or claims by contacting BahMas via email at BahMasMedia@gmail.com .

SERVICE HELP: For quick answers to your questions or ways to contact us, visit ourMasCamp at Milo Butler and Fire Trail Rd, email us at bahmasmedia@gmail.com or call us at 1(242) 376-1381.

CHARGEBACKS AND ATTORNEY’S FEES: Dishonest claims for chargebacks is deemedfraudulent, 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 15% 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 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.

LINKS TO THIRD-PARTY SITES: The BahMas Website may contain hyperlinks to websitesoperated by parties other than BahMas. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

AGREEMENT FOR ASSUMPTION OF RISK, INDEMNIFICATION, AND RELEASE, FOR BAHMAS PARTICIPANTS

In consideration of BahMas consent to allow me to Engage with BahMas, that is, participate in any or all recreational or other activities related to BahMas, (including without limitation, Costume Launch, Glow Fete, Soca Samplas, Sail-a-Way or Road Fever), 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 BahMas or by my in anyway Engaging with BahMas.

ASSUMPTION OF RISK: I understand that:

(a)   at any BahMas Event, BahMas will engage third party vendors for services including but not limited to sound, special effects, lighting, audio, visual and that BahMas is NOT liable for any damage whatsoever caused by the actions or omissions of third parties so contracted or otherwise engaged. The extent of responsibility of BahMas in this regard is to engage reputable vendors who by a reasonable review of their capacity and reputation is able to provide the service to be rendered.

(b)   BahMas is a Road Band and does not organize the overall Bahamas Road Fever Day but that purchasing a costume with BahMas I elect to participate therein, and that such participation, includes certain inherent risks that cannot be eliminated regardless of the care taken by BahMas to avoid injuries to its patrons or others. 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.

I, on my own behalf and on behalf of my heirs and assigns, do hereby now and forever fully and finally release, remise, acquit and discharge BahMas and its principals, shareholders, officers, directors, employees and agents (individually and 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 I have or might have against BahMas or its affiliates, arising out of or in any way related to or associated in any way with regard to my Engaging with BahMas or any injury, damage or loss of any nature related to or arising out of or in connection therewith.

HOLD HARMLESS AND INDEMNIFY: I agree, for myself, my heirs, personalrepresentatives or assigns, to defend, hold harmless, and indemnify, BahMas, 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 any BahMas related event and also Road Fever Day including but not limited to my breach of these Terms and Conditions, my violation of any law or rights of a third party.This indemnity includes claims based on the negligence (whether sole, active, passive, or gross) of BahMas, its principals, shareholders, directors, 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 BahMas, itsprincipals, shareholders, 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 any BahMas related event and also Road Fever Day. This release includes claims based on the negligence (whether sole, active, passive, or gross) of BahMas, its principals, shareholders, directors, 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.