By checking the boxes I agree to electronic signatures. * I agree to the Customer Refund Request Agreement.
CUSTOMER REFUND REQUEST AGREEMENT
THIS CUSTOMER REFUND REQUEST AGREEMENT (“Agreement”) is entered into effective as of the date last signed below (the “Effective Date”) by and between OTTER LOVE LLC, a Florida limited liability company d/b/a OTTER PR (the “Company) and _______________(the “Client”) (the Company and Customer collectively, the “Parties” and each a “Party”).
A. WHEREAS, the Parties entered into an agreement whereby the Company would render certain public relations, marketing, and related services (the “Services”) to the Client in exchange for the Client’s payment to the Company (the “Contract”);
B. WHEREAS, the Client understood and agreed that the Client’s payments to the Company for the Services under the Contract or otherwise were and are non-refundable;
C. WHEREAS, notwithstanding the terms of the Contract, the Client has solicited the Company to consider the Client’s request to refund some or all of the Client’s payments to the Company;
D. WHEREAS, in consideration of the Client’s promises, covenants, representations, warranties, and other agreements set forth in this Agreement, the Company is agreeable to considering and evaluating the Client’s request for a refund in good faith (contrary to the terms of the Contract and the Company’s standard policy to uniformly reject any and all requests for refunds), with the understanding, acknowledgment, and agreement of the Client that this Agreement in no way obligates the Company to comply with the Client’s request or ultimately agree to refund or otherwise return any monies received from the Client in connection with the Services or the Contract;
E. WHEREAS, the Client is agreeable to the terms set forth in this Agreement.
NOW AND THEREFORE, in consideration of the foregoing, the covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby irrevocably acknowledged by each of the Parties, the Parties agree as follows:
1) Recitals. The Parties acknowledge and agree that the Recitals set forth above are true and correct, and are hereby incorporated herein by reference.
2) Binding Effect. All terms and provisions set forth in this Agreement shall inure to the benefit of the Company’s heirs, successors, and assigns. This Agreement shall be binding upon the Client’s owners, officers, employees, parent companies and subsidiaries (whether wholly or partially owned), heirs, personal representatives, successors, and assigns. The Client understands and agrees that the Client cannot assign their obligations under this Agreement absent the Company’s express agreement, which agreement must be specifically set forth in writing and signed by the Company’s authorized representative.
3) No Waiver by the Company. Any law, usage, or custom to the contrary notwithstanding, the Company shall have the right at all times to enforce each and everyone one of the terms, provisions, covenants, agreements, undertakings, and conditions of the Contract in strict accordance with the terms thereof, even if the Company has refrained from or delayed enforcing any of the terms, provisions, covenants, agreements, undertakings, or conditions thereof in the past.
4) Non-Disparagement. The Client agrees and covenants that the Client will not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the Company, the Services, any other services or products offered by the Company, or the Company’s past, current, or prospective clients, owners, officers, employees, independent contractors, and agents. This non-disparagement provision explicitly covers all forms of oral, written, or electronic communication, including, but not limited to, communications by email, regular mail, express mail, telephone, fax, instant message, and social media (including, without limitation, Facebook, LinkedIn, Instagram, TikTok, Twitter, Google reviews, and any other social media platform, whether or not in existence as of the Effective Date). The Client’s obligations under this Section 4 shall be binding upon the Client as of the Effective Date, and will survive and continue irrespective of whether the Company ultimately agrees to refund any monies to the Client.
5) No Reliance; Entire Agreement. The Client represents and warrants to the Company that the Client has not made or received any promises or representations to or from the Company, other than the promises, representations, and consideration set forth herein, and did not and have not relied upon any representation or statement, whether oral or written, made by the Company or the Company’s owners, officers, employees, agents, representatives, or attorneys when entering into this Agreement, with respect to the subject matter, basis, terms, or effect of this Agreement, other than representations and statements explicitly set forth in this Agreement. The Client understands and agrees that this Agreement contains the entire agreement between the Company and the Client with respect to the matters addressed herein, and any and all current or prior understandings, statements, discussions, negotiations, representations, explanations, and agreements, oral or written, by the Company or any of the Company’s owners, officers, employees, agents, representatives, or attorneys, with respect to this Agreement, the subject matter, content, or effects hereof, made in the course of negotiating this Agreement or otherwise, are void and have no effect except as expressly provided or referenced herein. Nothing in this section is intended to, or will operate to release, reduce, or otherwise limit the liability of the Client for any past, present, or future debt, obligation, guaranty, or duty owed by the Client to the Company.
6) Severability. The invalidity or unenforceability of any term or provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other term or provision hereof.
7) Interpretation. The headings of this Agreement are inserted for convenience only and are not to be considered in construction of the provisions hereof. This Agreement shall be interpreted in accordance with the fair meaning of its words and the Client certifies that the Client either has been or has had the opportunity to be represented by its own legal counsel, and that the Client is familiar with the provisions of this Agreement, which provisions have been fully negotiated, and agrees and warrants that the provisions hereof are not to be construed either for or against any Party as the drafting Party.
8) Covenants Independent. Each covenant on the part of the Client set forth in Section 4 of this Agreement shall be construed as a covenant independent of any other covenant or provision of this Agreement, the Contract, or any other agreement the Client and the Company may have, and the existence of any claim, cause of action, or defense by the Client against the Company, whether predicated upon another covenant or provision of the Contract, this Agreement, or otherwise, shall not constitute a defense to the enforcement by the Company of any covenant, obligation, promise, or agreement set forth in Section 4 above against the Client.
9) Governing Law. This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Florida, without reference to conflict of laws principles.
10) Attorneys’ Fees. In any suit, action, or proceeding between or among the Parties to enforce Section 4 of this Agreement, the prevailing party in such suit, action, or proceeding shall be entitled to recover, and the non-prevailing party shall pay, the prevailing party’s reasonable attorneys’ fees and costs (including attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs), including, without limitation, all attorneys’ fees and costs incident to appellate, bankruptcy, and post-judgment proceedings, if any.
11) Amendments in Writing. No amendments, modifications, or supplements to this Agreement will be valid or effective unless made in writing and executed by the Parties’ respective authorized representatives.
12) Counterparts. This Agreement may be executed electronically (e.g., via DocuSign) and in multiple counterparts, each of which will constitute an original hereof, and all of which taken together will constitute one and the same agreement.
13) WAIVER OF JURY TRIAL. WITH RESPECT TO ANY LITIGATION ARISING OUT OF, UNDER, IN CONNECTION WITH, OR IN RELATION TO THIS GUARANTY, THE LEASE, OR THE RELATIONSHIP BETWEEN LANDLORD AND GUARANTORS AND/OR TENANT, GUARANTORS HEREBY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.
ACCEPTED and AGREED by the Parties as of the Effective Date.