When you do business with Robert Baxt, whether in person, over the phone, on the web, through any third party, or by any means now in existence or to be invented; you agree that you are aware that you are actually doing business with the legal entity known as the Robert Baxt Global Group, LLC
Sales of Merchandise:
Robert Baxt Branded Merchandise: Sales are for information and media only. All sales are final. No refunds and no returns unless merchandise is proven defective upon receipt, and notification is given within 24 hours of receipt. Damaged items will be replaced upon return of defective merchandise only if returned within 12 days of notification. Buyer accepts total responsibility for the cost of any returns. If information purchased is DVD media, DVD will only be replaced if unopened and with original protective wrap. Buyer accepts all responsibility for loss if they specifically request for products to be sent without tracking number or insurance. If buyer requests item shipment to be undervalued for any reason, the replacement value will be limited only to the undervalued amount.
Non-Robert Baxt Branded Merchandise ie: Vintage, One of a Kind, Used Merchandise, and all other merchandise sales whether done through www.robertbaxt.com, in person, or in any other manner now in existence or to be invented: All merchandise is sold in “as is” condition. Sales are for information on how these items work. No refunds and no returns accepted.
*ALL SALES OF ALL MERCHANDISE IS F.O.B. (Freight on Board). Ownership transfers from seller to buyer when it is released to the carrier, typically the Post Office. Post Office’s determination of delivery will be final.
Performance Reservation Fees and Payments:
·The parties understand that it is intended, and agreed that all fees paid in advance for performance are reservation fees, and are non-refundable, as all other events that could be accepted will be turned down to fulfill the specific time, date, and location requirements of your event. The only reason for refund is the cancellation by RobertBaxt Global Group LLC. If cancellation by the client occurs any time up to 7 days before the event, any balance is due in full and will be held as a credit toward future services. If cancellation is made within 7 days, the balance is due in full and is forfeited. If the entire event is canceled due to weather or force majeure (before any performers, RobertBaxt Global Group LLC employees, or representatives begin their travel to the event) the remaining balance is due in full and will be held as a credit (less a $75 cancellation fee) for rescheduling the same event within 45 days if an open date can be found on Robert’s performance schedule.
· The parties understand that it is intended, and agreed that payment in full is due before the performance begins unless written differently into your contract. A late charge of $95 is required immediately at the event for any payments not paid when due, plus 3.5% per month will be added to any late payments, starting immediately from the date payment was due.
· The parties understand that it is intended, and agreed that all invoices are due immediately and if not paid within 24 hours of being sent, they will be considered null and void. After the 24 hour period, if the event date is within 3 days there is a 20% additional fee for last minute booking. If within 48 hours, there is a 25% additional fee. Within 24 hours of the event, there is a 30% additional fee for last minute booking.
· The parties understand that it is intended, and agreed that any paperwork (other than w-9 & one insurance certificate) or meetings requested by the customer are subject to additional charges. Additional requests for insurance certificates will be charged at the rate of $75 per request, payment due before the certificate can be sent.
· The parties understand that it is intended, and agreed that parking and/or entrance fees incurred by RobertBaxt Global Group LLC are to be paid by the customer.
At the event:
· The parties understand that it is intended, and agreed that if the performers are unable to accomplish their services due to customer’s non-compliance of contract, payment is due in full and forfeited. If performers are asked to stay beyond the end time of this agreement, additional fees will apply when the performer is available.
· The parties understand that it is intended, and agreed that interruptions/delays will not extend the agreed end time of the contract.
· It is understood, intended, and agreed that in the event of excessive temperature, poor weather, or other hazardous conditions, performers may request accommodation changes. If a comfortable location is not available, performances may be altered, shortened, or canceled without refund.
· It is understood, intended, and agreed that when electricity is needed, the customer is 100% responsible for providing adequate electric supply.
Hold harmless clause:
· The parties understand that it is intended, and agreed that the Customer shall be responsible for and shall indemnify, defend and hold RobertBaxt Global Group LLC harmless against all claims, demands, liabilities, including costs and expenses (including legal fees) arising out of or incidental to Customer’s activities, actions or omissions or those of its agents or employees including volunteers and including with regards to any event ticket sales in connection with this agreement.
· The parties understand that it is intended and agreed that the Customer shall indemnify, defend and hold harmless RobertBaxt Global Group LLC for claims of injuries and/or damages caused in whole or in part by any negligent act of commission or omission of the Customer or anyone directly or indirectly employed by the Customer including volunteers at the event or anyone acting on behalf of the Customer for acts related to the subject matter of this contract, whether caused in whole or in part by a party indemnified and/or held harmless by and/or as a part of this contract.
· The parties understand that it is intended, and agreed that the Customer shall indemnify, defend and hold harmless RobertBaxt Global Group LLC for acts or omissions, commission and/or negligence by employees, agents, and servants of RobertBaxt Global Group LLC for all claims, demands, liabilities, including costs and expenses (including legal fees) in such circumstances wherein the Customer, its employees, agents, guests, invitees, attendees, trespassers and servants participated in actions which may be related in any way to the subject matter of this contract or caused or contributed to circumstances leading to or associated with such claims, demands, and liabilities. The Customer hereby acknowledges agreement to the content and responsibilities contained in this paragraph.
· The parties understand that it is intended, and agreed that should RobertBaxt Global Group LLC be unable to fulfill any of the obligations of this contract by reason of accident, riot, strike, epidemic, catastrophe, war, embargo, fire, state of emergency, mechanical breakdown, serious illness, shortage of or inability to obtain labor, or act of God, the performance of said obligations of RobertBaxt Global Group LLC may be delayed, interrupted, excused or cancelled. It is understood, intended and agreed that Customer will hold harmless, and indemnify RobertBaxt Global Group LLC for any inability to perform this contract for any of the reasons indicated within this section.
· The parties understand that it is intended, and agreed that in the event RobertBaxt Global Group LLC is unable to perform this contract for reasons other than those stated above, or RobertBaxt Global Group LLC is found liable to the Customer for breach of warranty, negligence, negligent hiring, negligent supervision, negligent misinterpretation or any other theory of liability or breach, RobertBaxt Global Group LLC responsibility shall be limited to the value of the contract. It is understood, intended and agreed that RobertBaxt Global Group LLC shall specifically not be responsible to Customer for expenses including legal fees, lost earnings or profits AND that all legal dealings will be done in the California State Courts.
· The parties understand that it is intended, and agreed that unresolved disputes or claims between the parties, including alleged or purported breaches of contract, but excluding claims for indemnification under this contract, shall be addressed and handled through binding arbitration in accordance with and pursuant to industry rules of the American Arbitration Association or any other recognized and mutually acceptable and agreed upon arbitration organization AND that all arbitration will be done in Los Angeles, Southern California area.
· The parties understand that it is intended, and agreed that the parties are waiving their statutory rights to proceed against each other in courts of law including the rights to pre-trial discovery pursuant to Court Rules. It is understood and agreed that the parties are waiving their statutory right to a trial by jury or Justice of the Court, except for claims seeking indemnification under this contract, that the other party may immediately or at any time prior to trial move to dismiss the complaint in favor of proceeding in arbitration pursuant to this agreement.
Alterations to the agreement:
· The parties understand that it is intended, and agreed that if any portion of this contract is found to be inapplicable or unenforceable and thereby severed from the agreement, the remainder of the contract provisions will be adhered to and fully enforceable.
· The parties understand that it is intended, and agreed that this contract represents the entire agreement between the Customer/Client and RobertBaxt Global Group LLC and that there are no other agreements, addendums, amendments, representations, warranties or commitments, except as specifically set forth in this document and any attachments to this document. This agreement may be modified, altered or amended only in writing signed and initialed by the Customer/Client and RobertBaxt Global Group LLC.