Purchase / Return / Refund Policy
By use of and access to the Shaw Hockey Productions, LLC (“Shaw”) website, ShawHockey.com or its social media pages and platforms (the “Sites”), you consent to the following terms and conditions with Shaw. This Purchase, Return and Refund (“Policy”) applies to purchases, refunds and returns associated with the Sites and access to and use of the Sites. This Policy does not alter the terms or conditions of a purchase agreement or purchase order between the parties (“Agreement”), if applicable, and in the event of a conflict between the terms of an Agreement and this Policy, the terms of the Agreement shall control.
Shaw will perform videotaping, photography, editing and/or video production services you specify in your Order Form (“Services”). Shaw will produce an edited video, which will highlight your selected athlete’s participation in certain sporting events and related sporting activities (the “Video”). Client will submit an Order Form to Shaw via Shaw’s website. You are responsible for completing an order form properly and accurately. You will select the specific type of services requested from Shaw and provide to Shaw the specific information related to the sporting event or sports related activities. As needed, Shaw will review your order form submission and provide you an invoice. Payment that is due upon Client’s receipt of the invoice. Upon Shaw’s receipt of full payment, Shaw will perform the appropriate Services and complete the Video.
To the extent that Shaw provides the Video online for you to preview or you elect to post the Video to any site, you hereby acknowledges and understands that any such online preview of the Video may be on a non-secure website and that Shaw may have limited control over who may view the Video site without encryption. Accordingly, you hereby indemnifies and holds harmless Shaw against any claim, loss damage, liability or expense of any kind, including attorney’s fees, arising out of relating to any third party’s copying or use of the Video, in whole or in part, due to such third party viewing or obtaining the Video from the preview site.
Video Services – Cancellations and Rescheduling
You may cancel an order or filming session and request a refund prior to the earlier of 72-hours before your scheduled filming or before editing has begun, if you are having us edit your video. Upon timely cancelation, as described above, you will receive a full refund minus a 10% administrative fee for time spent organizing coverage for your event and for the videographer(s) holding the dates. To request a refund, please email firstname.lastname@example.org. We are unable to offer refunds after the game has been recorded or editing has started. We cannot offer refunds for undesirable performance or injury of the athlete. Refunds will be provided by check or to the payment method that was used to purchase. You can also request a credit to be used for future coverage which will not incur the 10% fee and will be valid for 1 year. If we provide a refund, it may take up to 30 days before you receive the refund. If you have any questions about our Purchase, Return or Refund Policy please contact us at: email@example.com.
You may request to reschedule your scheduled filming up until 72-hours before the event with no penalty fee. If a game is cancelled due to weather, we will work with you to find a time to cover another game. No penalty fees will be accessed due to weather cancellation or similar events, if Shaw is contacted at least 24-hours before the scheduled shoot time for the game. If the videographer is on site, but the event is cancelled, you will be responsible for paying 50% of the videographer’s rate for that game and any travel fees. Your remaining balance may go toward recording another upcoming game. If there is a game delay and/or game is extended in extra play, our shooters may or may not be able to stay on site beyond the scheduled shoot time. If they are able to stay on-site and wait for the game to restart and/or film the additional game play, we will need to charge an additional $75 per hour past the normal game time.
Video Services – Client’s Obligations – Access to Event or Sports Activity and Indemnification
You will obtain any prior permits, licenses or permissions in order that Shaw shall have unrestricted right and reasonable access to film the athlete(s). For the removal of doubt, you will make any arrangements necessary to ensure that Shaw has access to any event(s) or activities that are required for Shaw to perform the Services. In the event a sports event or activity is cancelled, rained out, suspended or Shaw is not able to attend through no fault of Shaw, then Shaw will not be obligated to refund the cost of any tickets, licenses, permit fees or any other costs paid by Client for the benefit of Shaw’s access to any such events or activities.
You will indemnify and hold harmless Shaw, Shaw’s affiliates, licensees, agents and representatives from and against any claim, loss damage, liability or expense of any kind, including attorney’s fees, arising out of or relating to any breach or alleged breach of any of the foregoing obligations. If you elect to preview the completed Video, then you acknowledges and understand that Shaw may provide its Video on a non-secure site without encryption. Accordingly, you hereby indemnifies and holds harmless Shaw against any claim, loss damage, liability or expense of any kind, including attorney’s fees, arising out of relating to any third party’s copying or use of the Video, in whole or in part, due to such third party viewing or obtaining the Video from the preview site.
Video Services – Ownership of Video and Photographs
You and Shaw hereby agree that Shaw will be the sole owner of and will retain all right, title and interest in and to the photographs and Video resulting from performance of Shaw’s services described hereunder, including but not limited to all photographs, raw footage, written materials and other works made by Shaw while performing the Services (the “Footage and Materials”), except that Shaw shall not have any right or title to any photographs or raw footage that you provide to Shaw, except to the extent incorporated into a Video. You further agree that the Footage and Materials are the copyrighted work of Shaw and that you are granted a license for the use of the Video, which is strictly limited to Client’s personal, non-commercial use. Client will not sell, make copies of, dub, make available for download or manufacture the Video for any purpose without first obtaining written permission from Shaw. Client acknowledges and understands that any use, which is not explicitly stated in this paragraph, is prohibited.
When purchasing programs, registrations, bookings (collectively, “Programs”) or other services, you shall take full responsibility for any loss incurred at any Program or facility to which you are provided access or use. Unless otherwise stated in writing, you may request a full refund and cancel registration for any Program within the sooner of 48-hours of registration or 24-hours prior to commencement of any Program. Except as otherwise specifically provided herein, or otherwise provided in writing, all purchases for Shaw Programs are final.
Third Party Organizers
In many circumstances Shaw is acting as an agent to those who organize events, venues, games, practices, clinics, camps, teams and leagues (collectively, “Organizers”). Organizers can refuse admission or eject any Customer due to disorderly behavior, or who fails to comply with the rules set out by the Organizer. Breach of Organizer terms, rules, or regulations will terminate the customers access to the Program, the customer shall not be allowed to continue participation, and the customer shall not be entitled to a refund.
Refusal of Admission
Organizers can refuse admission or eject any athlete due to disorderly behavior, or failing to comply with the rules set out by the Organizer. Shaw assumes no liability for Organizer terms, rules, and/or regulations. Breach of Organizer terms, rules, or regulations will terminate the Program without refund.
Event Cancellations, Changes and Refunds
In the event that an event any Organizer cancels, delays, or significantly changes an event, Shaw will attempt to contact you to inform you of refund or exchange procedures. If the event is canceled and you purchased your Program through Shawhockey.com (the “Site”) or otherwise, you will be issued a refund by check or to the payment method that was used to purchase the Program(s).
Except as provided herein, all fees and other amounts paid to Shaw through the Site or otherwise are non-refundable. Returns for Shaw services, products, and apparel, which may include, without limitation, registration fees, programs, t-shirts, hats, physical equipment, electronic equipment or other physical or tangible products cannot be returned.
Programs cannot be resold, canceled, or transferred by the customer without expressly written consent from Shaw. Shaw does not guarantee the authenticity of programs purchased from any third party reseller.
Release of Liability
You represent, on behalf of yourself and any Designated Participant (defined below): (a) that you understand that use of any premises, facilities, equipment, services and programs provided by Shaw includes an inherent risk of injury to persons and property; (b) that you (or your Designated Participant) are in good physical condition and have no disabilities, illnesses, or other conditions that could prevent you from exercising and using Shaw’s equipment/facilities without injuring yourself or impairing your health; (c) that you understand that the activities provided by Shaw are inherently dangerous sporting activities which includes the risks of injury, paralysis and death; (d) that you have consulted a physician concerning an exercise program that will not risk injury to yourself or impairment of your health (or that of the Designated Participant); and (e) that you and any Designated Participant have health insurance which will cover any injury associated with any Program. Such risk of injury includes, but is not limited to, injuries arising from or relating to participation by you or others in supervised or unsupervised activities or programs through Shaw; injuries and medical disorders arising from or relating to use of Shaw’s property, facilities or services at the event or activity location, including accidental injuries caused by you, those caused by other persons, and “slip-and-fall”.
Understanding the inherent risk of the activities related to the programs, products or services provided by Shaw, you hereby waive and release Shaw from liability from any all claims, causes of action, damages, losses, injury, death or other matters arising or relating to and programs, products or services provided by Shaw, excepting only those caused by Shaw’s gross negligence or willful misconduct
You understand that Shaw is producing a highlight video to include still photographs and video footage (“Video”) of participants that you designate to Shaw (“Designated Participants”). You confirm that the Designated Participants will voluntarily participate in certain sporting events or sports related activities (“Activity”). In connection with the Designated Participant(s) participation in the Activity, including, without limitation, any practices for the Activity, you hereby grants to Shaw on behalf of the Designated Participant(s) the right to take motion and still pictures of the Designated Participant(s) and to record Designated Participant(s)’ voice and any sounds made by Designated Participant(s), and to obtain other information about the Designated Participant(s), including but not limited to their name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characteristics and/or other personal identification (collectively, the “Footage and Materials”), and to use the Footage and Materials in and in connection with the production of the Video, throughout the universe at any time, in perpetuity, in any and all media, now known and hereafter devised, without any compensation to me whatsoever. The rights granted herein shall also include the right to edit, delete or dub the Footage and Materials and the Video as Shaw sees fit in Shaw’s sole discretion. The Footage and Materials shall also include any and all material that the Designated Participant(s) provide or contribute to Shaw in connection with the Video, including, photographs and video footage (“Client Material”). Any and all such Client Materials shall be deemed “works made for hire” specially ordered as part of an audio-visual work, and the Designated Participant(s) waive the exercise of any “moral rights” and any analogous rights, however denominated, in any jurisdiction, which they have. To the extent the Designated Participant(s) retains any interest in the Client Material, the Designated Participant(s) hereby grant to Shaw the irrevocable right, without limitation, to use the Client Material in any medium, in its sole discretion as it relates to the Video. Furthermore, the rights granted to Shaw include any so-called “rental and lending” or similar rights and any and all allied, ancillary and subsidiary rights by any means, for any purpose, by and in any media whether now known or hereafter devised, throughout the universe, in perpetuity, as part of the Video. Shaw shall be the sole and exclusive owner of all rights (including, without limitation, copyrights) in and to the Footage and Materials and the Video and the Client hereby agrees that neither Client nor the Designated Participant(s) will ever pursue Shaw in any claim for any reason whatsoever as it relates to the Video.
If any Designated Participant is under eighteen (18) years of age: you represents and warrants that you are the parent or guardian or have obtained the approval of the parent or guardian of the minor Designated Participant(s), namely that the parent or guardian of the minor Designated Participant has read the foregoing release language, is familiar with each and all of the terms contained therein, hereby gives express consent to its execution by the you and will not revoke your consent.
If you have any special exercise requirements or limitations, you agree to disclose them to Shaw before using Shaw’s services, property or facilities; and when seeking help in establishing an exercise program, you hereby agree that all exercise and use of Shaw’s facilities, services, programs, and premises are undertaken by you at your sole risk. You also acknowledge that it has been recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you might have his recommendations concerning these fitness activities and equipment use.
Limitation of Warranty
Shaw makes no representation or warranty whatsoever as your purpose for purchasing or use of the Services, the Video or Programs. You acknowledge that Shaw is providing the Services, the Video or Programs without warranty of any kind, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Regardless of your intended use or purpose for purchasing the Services, the Video or Programs, you agrees that you will not seek any claims, judgments, fees, refunds, nor damages from Shaw should you deem the Video to be ineffective in helping Client to achieve any such intended use or purpose.