TERMS FOR COSTUME REGISTRATION
An individual is considered a registered member of FreaksMas, herein referred to as ‘the Band’, ONLY when they have paid in full the minimum deposit of $125.00 USD for a body wear only female and male costume or a minimum deposit of $300.00 USD for frontline, section leader and ultra package options.*Freyja by Luxe Carnival excluded*
You must submit your own email address and telephone number as this will ensure direct notifications for all updates concerning your costume package and updates within the Band.
Please ensure that all of the information provided is accurate and that the design specifics and fit of the costume are considered when providing the required personal details during registration as the information provided at the time of registration is FINAL.
No refund claims made can be on the basis of fit nor will an exchange of costume be facilitated.
SALE OF COSTUMES
In the event of a costume sale, FreaksMas will not change the name on the existing registration. If the owner of the costume wishes to sell their costume, they must provide the purchaser with the following:
➔ Signed transfer letter of authorisation
➔ A clear copy of the owner’s identification
N.B. The name and signature on the identification form must match those on record and transfer letter.
1. Minimum bodywear only and male costume deposit required – $125.00 USD *Frejya by Luxe Carnival excluded*
Minimum frontline, section leader and ultra package deposit required – $300.00 USD
2. The NON REFUNDABLE, NON TRANSFERABLE deposit only confirms a space in the Band
3. Production of a reveler’s costume is only guaranteed upon payment of 50% of the costume cost by August 30th, 2023. Failure to do so will result in forfeiture of your payment amount and costume.
The Band reserves the right to put any costume back into inventory for sale if a reveler fails to pay at least 80% of the value of their costume by September 15,, 2023 additionally, no refund will be awarded once the payment threshold is not met by the stipulated deadline.
4. Any special requests for alterations/modifications to costumes are subject to Band approval and availability of production materials.
5. All costume payments should be made in full before or on September 30th, 2023. Failure to do so will result in the forfeiture of your costume and payment amount.
***EXPERIENCE COST INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING: COSTUMES, FOOD, DRINKS, PARK ENTRY AND ENTERTAINMENT.
6.Any registration withdrawal and/or cancellation occurring after July 1st that falls within the band leader's guidelines will be refunded the balance of payments received after the deduction of 80% of the costume cost (the deposit is included as part of the 80%) and a $25.00 processing fee.
Please note that all refunds are accompanied by a $25.00 USD processing fee.
TERMS OF COLLECTION
Costumes will be available for collection from Wednesday, October 4th, 2023 to Friday, October 6th, 2023. All costumes must be collected during the collection period unless other arrangements were made and approved by the Band. Persons collecting costumes must present a valid form of identification.
IF A THIRD PARTY IS COLLECTING YOUR COSTUME THE FOLLOWING IS REQUIRED;
1. A COPY OF A NATIONAL IDENTIFICATION CARD/DRIVER’S LICENSE/PASSPORT BELONGING TO THE REVELLER,NO EXCEPTIONS.
2. A COPY OF THE COLLECTORS’ OWN VALID NATIONAL IDENTIFICATION CARD/DRIVER’S LICENSE/PASSPORT
3. AN AUTHORIZATION LETTER
The Band reserves the right to take photographic evidence of costume collection by revellers along with copies of personal identification and signatures on collection documents.
Any costumes left uncollected on Friday, October 6th, 2023 at 10:00 p.m are considered forfeited and will thereby be put back into inventory for resale.
TERMS OF PARTICIPATION
In consideration of being allowed to participate in events and/or volunteer and/or work with the Miami Broward One Carnival Host Committee, Inc. (“MBOCHCI”) and/or Freaks Mas, including all sanctioned official events, namely, the Parade of Bands, J’Ouvert, Kings, Queens,Individual Costume Competition, Panorama and Junior Carnival festivities, scheduled for the week from October 3 to October 10, 2023 in South Florida (individually and/or collectively, the “Event” “Miami Carnival 2023”), and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby promise and agree as follows:I have received my costume as ordered along with all access bands needed for the enjoyment of all amenities provided by Freaks Mas. I understand that I am responsible for the full payment of my selected costume as laid out in my registration form. Due to the nature of my order, I understand that All sales are final, and Freaks Mas does not offer any money-back guarantees. I recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances and waive my right to any future claims or chargebacks. In the event a chargeback is initiated I understand that I will be responsible for full payment amount plus any applicable fees incurred by Freaks Mas as a result. I understand Freaks Mas shall assume no liability whatsoever in the event that the Carnival is cancelled, rescheduled or postponed due to an Act of God, or unforeseen occurrences. For purposes of this clause, a fortuitous event shall include, but not be limited to: war, fire, labor strike, extreme weather or other emergency.
VOLUNTARY PARTICIPATION; ASSUMPTION OF RISK: In consideration of my consent to participate in my respective Band or to volunteer or work in the Event on behalf of MBOCHCI and/or Freaks Mas, 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 the Event. I represent, warrant, covenant and agree that I am participating in or volunteering and/or working with the Event entirely of my own choice and volition, and I knowingly and voluntarily intend to participate in the Event after being apprised of such risks and dangers. 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 eye injuries, loss of vision, loss of limb, joint or back injury, heart attack, and concussions, to 3) hearing loss, 4) exposure to communicable diseases, to 5) 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.
COVID-19 PROTOCOL: I recognize and acknowledge that WHILE ATTENDING MIAMI CARNIVAL 2023, I WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS, SUCH AS COVID-19, EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. As such, I voluntarily assume all risks, hazards and dangers incidental to my registration and/or participation with Freaks Mas Band, whether occurring prior to, during, or after the Band’s participation in Miami Carnival 2023, including but not limited to those of communicable disease. I further acknowledge that I will comply with all Miami Carnival 2023 health and safety protocols, before and during the event, including but not limited to face mask requirements, exercising proper sanitization, and other recommended CDC protocol. I understand that by participating in the Event and therefore being subject to these COVID-19 Protocols, MBOCHCI and/or Freaks reserves the right to refuse entry or remove an individual from the event if any such protocols are breached.
INDEMNIFICATION. I hereby covenant and agree to indemnify and hold MBOCHCI and/or Freaks Mas harmless from and against any and all claims, injuries, damages, liabilities, losses and cost or expenses (including reasonable attorneys’ fees) arising from or in connection with my acts, omissions, activities, conduct and participation in the Event. This indemnity includes claims based on the negligence (whether sole, active, passive, or gross) of MBOCHCI and/or Freaks Mas, 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 MBOCHCI and/or Freaks Mas, 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 Event. This release includes claims based on the negligence (whether sole, active, passive, or gross) of MBOCHCI and/or Freaks Mas, 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.
NO ADMISSION OF LIABILITY. Neither this Agreement nor any of its provisions shall be offered or received in evidence in any action or proceeding as an admission or concession of liability of any nature on the part of MBOCHCI and/or Freaks Mas. I further understand and I agree that this Agreement contains the entire agreement between MBOCHCI and/or Freaks Mas and me relative to its subject matter, and no representations or agreements, oral or otherwise, between the parties not included herein shall be of any force or effect.
CONDUCT: I agree to follow all instructions, procedures, measures and directions given to me by Freaks Mas Band or from MBOCHCI 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 Freaks Mas 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 MBOCHCI and/or Freaks Mas, 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 INDEMNITY IS INTENDED TO WAIVE, RELEASE, DISCHARGE AND INDEMNIFY IN ADVANCE MBOCHCI AND/OR FREAKS MAS 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 THE EVENT, 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 THE EVENT. 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 THE EVENT, WHETHER SUCH INJURY OR DAMAGE IS FORESEEN OR UNFORESEEN OR WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE.