This Contract is between ,____________________________________ (referred to herein as Customer) and Signed Baseball Magic. Customer owns baseball(s) with autograph(s) and or inscription(s) that Customer desires to have removed. To that end, Customer and Signed Baseball Magic agree as follows:
1. Signed Baseball Magic agrees to take possession of Customer’s baseball(s) for the purpose of attempting to remove autographs and or inscriptions as designated by the Customer, and restoring the appearance of the baseball to the extent feasible under the circumstances.
2. Customer understands that the service offered by Signed Baseball Magic involves artistic judgment that is subjective and requires the exercise of professional skills and use of products which can change from time to time. For these reasons, Signed Baseball Magic shall not be liable for any claim of damage, diminution of value, loss of use, lost profits, or any other claim for damages as the result of the work performed by Signed Baseball Magic.
3. Signed Baseball Magic offers no prediction, guarantee, or warranty, express or implied, as to the result likely to be obtained with regard to any work Signed Baseball Magic performs on any baseball. Customer understands and acknowledges that inherent in the work performed by Signed Baseball Magic is the risk of damage, loss or destruction of the Customer’s baseball(s). Although Signed Baseball Magic will use its best efforts in every case,
Customer understands and assumes these risks of damage, loss or destruction of the Customer’s baseball.
4. Customer and Signed Baseball Magic agree that only the Superior Court of Sonoma County, California, shall have exclusive jurisdiction and be the exclusive venue for the resolution of any and all claims or controversies arising in any way from the service provided by Signed Baseball Magic. Customer and Signed Baseball Magic agree that this Agreement is entered under the laws of the State of California, and those laws shall control their rights and liabilities, and the rights and liabilities of any third parties in any dispute arising in any way out of this Contract or the work performed by Signed Baseball Magic. Customer agrees to indemnify and hold harmless Signed Baseball Magic, its employees, agents and affiliates, from and against any and all claims made by anyone against Signed Baseball Magic arising in any way out of this Contract or the work performed by Signed Baseball Magic.
5. All fees paid to Signed Baseball Magic are nonrefundable once the artistic process has begun.
6. Customer agrees to inspect all submitted items immediately upon receipt and report any damage or discrepancy, including errors in the removal of designated signatures, to Signed Baseball Magic within three (3) days of receipt.
7. The declared value of the baseball at the time it was submitted to Signed Baseball Magic is _________. In the event that Signed Baseball Magic is determined to be liable for any claim arising in any way out of this Contract or the work performed by Signed Baseball Magic, Customer and Signed Baseball Magic agree that that liability will be limited to the value of the baseball as stated above at the time it was submitted to Signed Baseball Magic.
8. This Agreement constitutes the full and entire understanding and agreement between Customer and Signed Baseball Magic with regard to the subject matter hereof and the terms and conditions contained herein and supersedes any previous oral agreement or understanding between them regarding any matter contained herein. If any provision of this Agreement is held by a Court of competent jurisdiction or arbitrator to be unlawful or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
9. No waiver, amendment, or modification of this Agreement shall be effective unless in writing and signed by the Party against whom the waiver, amendment, or modification is sought to be enforced. No waiver of any term, condition, or default of this Agreement shall be construed as a waiver of any other term, condition, or default.
10. Any uncertainty or ambiguity shall not be construed for or against any Party to this Agreement based on attribution of the drafting of this Agreement to any Party.