Terms & Conditions | Big Fundraising Ideas

Big Fundraising Ideas (referred to as “seller”) provides this website and various related services subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you (referred to as “buyer”). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

THESE TERMS AND CONDITIONS GOVERN THE SALE OF ALL PRODUCTS AND SERVICES ("PRODUCTS AND SERVICES") BY BIG FUNDRAISING IDEAS AND ITS DIVISIONS AND SUBSIDIARIES ("SELLER") AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION ("PURCHASE ORDER") FROM BUYER. WHEN USING PARTICULAR SERVICES OR MATERIALS ON THIS SITE, USERS SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES OR MATERIALS THAT MAY CONTAIN TERMS AND CONDITIONS IN ADDITION TO THOSE IN THESE TERMS OF USE. THESE TERMS AND CONDITIONS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER. NEITHER SELLER'S ACKNOWLEDGMENT OF A PURCHASE ORDER NOR SELLER'S FAILURE TO OBJECT TO CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN A PURCHASE ORDER SHALL BE DEEMED AN ACCEPTANCE OF SUCH TERMS AND CONDITIONS OR A WAIVER OF THE PROVISIONS HEREOF.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

FORCE MAJEURE. Seller shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. Seller's time for performance of any such obligation shall be extended for the time period of such delay or Seller may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.
WARRANTY/LIMITATION OF LIABILITY:
1. SELLER HEREBY ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO SUCH EQUIPMENT OR GOODS OR MERCHANDISE.
2. ONLINE STORES ARE SET UP USING 3RD PARTY SUPPLIERS; THEREFORE THE GROUP WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FOR ANYTHING WHATSOEVER ARISING FROM, GROWING OUT OF, OR INCIDENT TO THE SERVICES PERFORMED BY THE SUPPLIER UNDER THIS AGREEMENT.
3. BUYER AGREES AND ACKNOWLEDGES THAT ALL PERFORMERS AND THEIR AFFILIATES AT REPTILE SHOWS, MAGIC SHOWS AND PROVIDERS OF INFLATABLE EQUIPMENT AND ALL OF THEIR RESPECTIVE EQUIPMENT, GOODS, MERCHANDISE, ANIMALS, PROPS OR ANY ITEMS USED BY OR IN CONNECTION WITH ANY INCENTIVE EVENTS ARE BEING PROVIDED BY INDEPENDENT CONTRACTORS. AND BUYER DOES HEREBY AND FULLY AND FOREVER RELEASE, ACQUIT AND DISCHARGE SELLER AND ITS SUCCESSORS, ASSIGNS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION AND SUITS, WHICH THEY MAY NOW HAVE OR HEREAFTER HAVE OR CLAIM TO HAVE, AND WHETHER THE SAME BE NOW KNOWN OR NOT KNOWN AT THIS TIME, AGAINST SELLER, INCLUDING WITHOUT LIMITATION, ANY CLAIMS RELATING TO ANY ACT OR OMISSION OF AN INDEPENDENT CONTRACTOR. THE PROVISIONS OF THIS PARAGRAPH SHALL REMAIN AND BE IN FULL FORCE AND EFFECT EVEN IF ANY SUCH CLAIM, DEMAND, CAUSE OF ACTION OR SUIT DIRECTLY OR INDIRECTLY RESULTS FROM, ARISES OUT OF, OR RELATES TO, OR IS ASSERTED TO HAVE RESULTED FROM, ARISEN OUT OF OR RELATED TO, IN WHOLE OR IN PART, ONE OR MORE NEGLIGENT ACTS OR OMISSIONS OF ANY PERSON OR ENTITY RELEASED IN THIS PARAGRAPH, BUT NOT ANY GROSS NEGLIGENCE OR ANY WILLFUL MISCONDUCT OF ANY SUCH PERSON OR ENTITY. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING FROM
  1. THE DELIVERY OR USE OF ANY GOODS OR MERCHANDISE,
  2. BUYER'S INABILITY TO USE ANY GOODS OR MERCHANDISE EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER GOODS OR MERCHANDISE, OR
  3. ANY OTHER CAUSE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION, OR LOSS OF REVENUE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AMENDMENT AND WAIVER. This agreement may not be amended except by an instrument in writing signed by all parties.
PARTIES IN INTEREST. This agreement will be binding upon, will inure to the benefit of, and will be enforceable by the respective successors and assigns of the parties.
ENTIRE AGREEMENT. This agreement, including any exhibits, schedules, or other documents referred to in this agreement or delivered pursuant to this agreement, contains the entire understanding of the parties with respect to its subject matter.
HEADINGS. The section headings contained in this agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this agreement.
NOTICES. All notices and other communications between the parties will be in writing, and will be deemed to have been duly given if personally delivered or mailed (registered or certified mail, postage prepaid, return receipt requested).
GOVERNING LAW. This agreement will be governed by the laws of the state of Texas, without regard to its conflict of laws rules.
SEVERABILITY. Any term or provision of this agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
FINANCIAL AGREEMENT. The buyer agrees, whether he/she signs as agent, that in consideration of the services to be rendered to the agent, he/she obligates himself/herself to pay the account in accordance with the regular rates. He/she agrees to provide accurate and complete billing information, including but not limited to valid payment information, name, address and email address, and to provide seller with any changes in such information within ten (10) days of change. Should the account be referred to a collection agency or an attorney for collections, the undersigned will be required to pay reasonable attorney’s fees and collection fees. The undersigned certifies that he/she has read the foregoing receiving a copy thereof and is the agent or is duly authorized by the agent to execute the above and accepts its terms.
CONDUCT ON SITE. Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, message board, discussion board, or other interactive service that may be available to you on or through this site, Buyer agrees to not upload, share, post, or otherwise distribute or facilitate distribution of any content that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Seller’s rules or policies;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
PAYMENT POLICY. Payment on brochure sales is due within 5 business days of receipt of product. Purchase order payments for wholesale orders are due within 15 days of receipt of product. If we do not receive payment within 30 days from the date of your invoice, a finance charge will be incurred at 1½% per month for non-payment.
1. If the buyer has elected to do either a super party, super splash party, magic show or reptile show prize program, the seller's fundraising invoice must be paid in full prior to the date of the event. The seller reserves the right to reschedule any event or place the event on hold until which time the buyer's invoice is paid in full.
  1. The buyer understands that they will need to provide the cash up front for each participant who reaches the money wheel and machine levels for Super Party and Super Splash Party events. The seller will be reimbursed by the buyer according the following payment schedule:
    1. $10 for every participant who reaches the money wheel level indicated in the prize program.
    2. $15 for every participant who reaches the money machine level indicated in the prize program.
2. If using a sportswear prize program and less than 13 participant qualify for sportswear, a $25 minimum order fee will be incurred.
3. All due credits will be issued once any applicable invoice(s) is/are paid in full.
4. Some accounts are 'hold for payment' accounts at seller discretion. The buyer of a 'hold for payment' account must pay their invoice in full prior to shipping of product.
5. Acceptable Payment Methods: Brochure Product Orders: Cashier's check, money order or check. Online Wholesale Product Orders: Purchase order, cashier's check, money order or check. Invoices sent to buyer via email.
6. Group is purchasing the items in the designated brochure(s) for resale for their fundraising project.
7. Buyer agrees that no other program(s) will be operated in conjunction with or run simultaneously with this program.
RETURN POLICY. For information about our return policy, please click on our 'Return Policy' link located in our website footer.
INDEMNIFICATION CLAUSE. Buyer agrees to indemnify, defend and hold harmless Seller, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made Buyer, Buyer’s violation of any terms of this agreement or Buyer’s violation of any rights of a third party, or Buyer’s violation of any applicable laws, rules or regulations. Seller reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Buyer, in which event Buyer will fully cooperate with Seller in asserting any available defenses.
CANCELLATION / CHANGE POLICY. Once an agreement is reached between the buyer and the seller and at any point the buyer wishes to cancel or change the agreement for any reason; the buyer agrees to the following terms:
1. There is no charge if cancellation takes place prior to shipping kickoff supplies to the buyer.
2. The buyer agrees to pay the seller $100.00, or $1.00 for each participant in their group plus a 25% processing fee, whichever is greater, if cancellation takes place once the initial supply order has shipped to the buyer. Supplies include, but are not limited to, order forms, brochures, prize flyers, parent letters, envelopes etc.
3. If the buyer decides to change their brochure order for any reason once their supplies have shipped; which includes, but is not limited to switching a brochure or prize program, they will be charged for the original supplies that will no longer be used. The buyer is responsible for the shipping. Any charges will be added to their fundraising invoice.
4. Any products ordered