The undersigned Customer desires to have all Item(s) comprising Order Submission Number {ordersubmissionId} (the “Order”) submitted for the Company’s (which collectively includes Beckett Collectibles, LLC, Beckett Authentication Services, LLC and CBCS Operations, LLC,) on-site Re-Grading/Re-Holder service in connection with the {source} show on or about {date}. In consideration of Company agreeing to provide its on-site Re-Grading/Re-Holder service, Customer agrees to all the terms and conditions set forth in this Release and Waiver of Liability (this “Agreement”).
1. Definitions:
a. “Customer” means {customerName};
b. “Order” means Order Submission Number {bgsSubmission} which includes {howMany192} Items submitted with such Order;
c. “Card” or “Cards” means any and all trading cards submitted as part of the Order that have been previously graded by Beckett or another grading service and are at the time of submission in a Beckett branded holder or branded holder from another grading service;
d. “Item” or “Items” means any and all Cards or other items including but not limited to jerseys, sporting equipment, comic books, Manga, or other sports/entertainment memorabilia submitted as part of the Order that have been previously graded by Beckett or another grading service and are at the time of submission in a Beckett branded holder or branded holder from another grading service;
e. “Re-Grading” means Beckett’s Re-Grading service which entails Beckett Graders removing a previously graded Item(s) from its existing holder, grading the raw Item anew, and if appropriate, encasing the Item in a new Beckett holder with an updated grade.
f. “Re-Holder” means Beckett’s Re-Holder service which entails Beckett Graders removing an Item(s) previously graded by Beckett from its existing Beckett-branded holder, grading the raw Item(s) anew, and if appropriate, encasing the Item in a new Beckett holder with an updated grade. The Re-Holder service differs from the Re-Grading service in that it is available only when the Beckett-branded holder is damaged or has been mislabeled. The Re-Holder service may have a different price point, but the Item(s) at issue will still be Re-Graded.
2. Customer represents and covenants to Company that Customer is either: (a) the rightful owner of all Items in the Order or (b) has full and complete written authority with regard to all Items in the Order to act on the Owner’s behalf and authorize Beckett to complete the Re-Grading services.
3. Customer desires for Company to provide Re-Grading services to all Items in the Order.
4. Release of All Claims and Indemnity:
a. To the fullest extent permitted by law, Customer on behalf of himself or herself and Customer’s spouse, heirs, executors, trustees, administrators, representatives, successors, and assigns, hereby irrevocably and unconditionally expressly WAIVES, RELEASES, ACQUITS, FOREVER DISCHARGES, AGREES NOT TO SUE, INDEMNIFIES, AND SHALL HOLD HARMLESS the Company, and its past, present and future subsidiaries, parent companies, affiliates, officers, directors, managers, employees, agents, attorneys, representatives, designees, members, consultants, contractors, shareholders, partners, lenders, and all parties that may be alleged to be acting in concert with any of the foregoing and each of their respective past, present and future subsidiaries, parent companies, affiliates, officers, directors, managers, employees, agents, attorneys, representatives, designees, members, consultants, contractors, shareholders, partners, or lenders, each in their respective official, business or individual capacities, (collectively, “Releasees”), jointly and/or severally, with respect to and from and against any and all liabilities, losses, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney’s fees and court costs or other costs) both past and present, known and unknown, foreseen and unforeseen, at law or in equity (collectively, “Claims”), relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any past or present services, as well as any act or omission relating to Company’s past or present services regarding any and all Items contained in the Order including but not limited to (i) the original examination and grading services provided by Company for each of the Items contained in the Order as well as (ii) any subsequent examination and grading services provided by Company regarding any and all of the Items contained in the Order, or (iii) the currently requested Re-Grading or Re-Holder services regarding any and all Items contained in the Order, (collectively, “Services”). This Agreement further releases all Releasees from any and all alleged Damages connected with the Services (including, without limitation, economic, consequential, compensatory, or punitive damages), as well as any Equitable Claims connected with the Services, or any other relief whatsoever, arising out of, or in any way related to the Services. This waiver, release, covenant not to sue, and indemnification shall apply even if the Claims are caused in whole or in part by the negligence, gross negligence, or strict liability of one or more of the Releasees.
b. Customer further agrees to FULLY INDEMNIFY, DEFEND AND HOLD COMPANY AND THE RELEASEES HARMLESS against and from any and all Claims and/or Equitable Claims arising out of or in any way related to the Services that are brought against Company and/or the Releasees by or on behalf of any third party(ies) to this Agreement, to expressly include but not be limited to any current or future Owner(s) of any Card(s) submitted as part of the Order. In such instance, Customer agrees to fully reimburse Company for any and all Damages incurred in relation to such Claims and/or Equitable Claims including but is not limited to payment of all judgments, settlement amounts, costs, expenses, reasonable attorneys’ fees, and any other relief incurred by Company or the Releasees in defending against any such Claims or Equitable Claims.
5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND COMPANY HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.
6. Customer represents to the Company that Customer is voluntarily entering into this Agreement. This Agreement and the Company’s Terms of Service located at https://www.beckett.com/tos constitutes the sole and entire agreement of the Company and Customer with the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and Customer and each party’s respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Customer and Company further agree and confirm that any action relating to or arising out of this Agreement shall be brought in the state or federal courts sitting in Collin County, Texas, USA.
BY SIGNING, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND FURTHER CONSENTS TO HAVE ALL ITEMS IN THE ORDER SUBMITTED FOR BECKETT’S RE-GRADING OR RE-HOLDER SERVICE.
Printed Name: {customerName}
Email: {email}
Address: {shippingAddress}
Date: {date}