Website Terms of Use
Bachac is a section of Red Antz Miami Inc. Agreement between ‘Purchaser’ hereinafter referred to as ‘Customer’ and K-Paya Inc & Red Antz Miami Inc
hereinafter referred to as ‘The Bands’.
Welcome to ‘The Bands’ website; kpayacarnival.com, redantzmiamijouvert.com and bachacjouvert.com (herein after referred to as “Sites”) is
comprised of various web pages operated by ‘The Bands’. ‘The Sites’ are offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Term”). Your use of ‘the Sites’ constitutes your agreement
to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
‘The Bands’ are an Event Production Company based in Florida and targeted towards promoting Caribbean Culture in South Florida
and around the world.
Privacy Policy
Your use of ‘the Sites’ is subject to ‘The Bands’ Privacy Policy.
Electronic Communications
Visiting ‘the Sites’ or sending emails to ‘The Bands’ ([email protected] [email protected] [email protected]) constitutes electronic
communications and you agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
‘The Bands’ does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you
are under 21, you may use ‘the Sites’ only with permission of a parent or guardian.
Cancellation/Refund Policy
FORCE MAJEURE
Should the event or the production of ‘the bands’ be delayed or prevented by reasons including acts of government at the exclusion
of any and all decree(s)/decision(s)/notice(s) or regulation or interdiction declared or undeclared risks, riots, strikes, lockouts,
lockdowns, city or state shutdown, government shutdown, civil commotion, hurricane, earthquake, floods, fire, official declaration
of plague infection, virus, disease, pandemic etc. war and/or hostilities and/or consequences, or by the consequences of such
occurrences or for any other cause not the cause of ‘The Bands’, ‘The Bands’ will notify participants within seven (7) working days
from the date of occurrence of event by e-mail, website, social media or phone. If the event is prevented by any of the above causes,
‘The Bands’ will not be held responsible and in the case of a FORCE MAJEUR there will be No Refunds.
If event is cancelled due to Miami Broward One Carnival Association (MBOC), it is at the fault of Miami Broward One Carnival
Association (MBOC) and not ‘The Bands’. Therefore, ‘The Bands’ will not be held responsible and will not issue any refunds unless
event is cancelled 4 months prior to event date.
REFUND POLICY
All Purchases are Non-Refundable and Final.
Links to third party sites/Third party services
‘The Sites’ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ‘The Bands’ and ‘The
Bands’ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. ‘The Bands’ is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by ‘The Bands’ of the site or any association with its operators.
Certain services made available via ‘the Sites’ are delivered by the third-party sites and organizations. By using any product or
service or functionality originating from the ‘the Sites’ domain, you hereby acknowledge and consent that ‘The Bands’ may share
such information and data with any third party with whom ‘The Bands’ has a contractual relationship to provide the requested
product, service or functionality on behalf of ‘the Sites’ users and customers.
No unlawful or prohibited use/Intellectual Property.
You are granted a non-exclusive, non-transferable, revocable license to access and use ‘the Sites’ strictly in accordance with these
terms of use. As a condition of your use of the Site, you warrant to ‘The Bands’ that you will not use the Site for any purpose that is
unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair
the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as compilation thereof, and any software
used on the Site, is the property of ‘The Bands’ or its suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. ‘The Bands’ content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary
rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of
the content without the express written permission of ‘The Bands’ and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ‘The
Bands’ or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your ‘The Bands’ account to third party accounts. By connecting your ‘The Bands’ account to your third-
party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this
manner, do not use this feature.
International Users
The Service is controlled, operated and administered by ‘The Bands’ from our office within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ‘The Bands’
Content accessed through ‘the Sites’ in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ‘The Bands’, its Officers, directors, employees, agents, section leaders and third
parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or
inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation
of any rights of a third party, or your violation of any applicable laws, rules or regulations. ‘The Bands’ reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will
fully cooperate with ‘The Bands’ in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ‘THE BANDS’
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
‘THE BANDS’ AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ‘THE BANDS’ AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ‘THE BANDS’, INC AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABLILTY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ‘THE BANDS’, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVELY REMEDY IS TO
DISCONTINUE USING THE SITE.
In consideration of the Bands’ consent to allow me to participate in any or all recreational or other activities related to Miami
Broward One Carnival (including without limitation, King and Queen Presentation, Kids Carnival, the Parade of Bands or J’ouvert
festivities), I hereby knowingly, freely and voluntarily agree to waive, release and discharge any and all claims for damages for death,
personal injury, or property damage that may have, or that may subsequently accrue to me as a result of my participation in
recreational or other activities offered, afforded, or sponsored by the Band.
Assumption of Risk: I understand that the Miami Broward One Carnival and ‘the Bands’, by its very nature, includes certain inherent
risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary and may range from: 1) minor
injuries such as scratches, bruises, sprains, and the like, to 2) major injuries such as loss of hearing, eye injuries, loss of vision, loss of
limb, joint or back injury, heart attack, concussions, infection, disease, or virus to 3) catastrophic injuries including death. I
understand and appreciate that these and other risks are inherent in the above-listed events and activities. I hereby assert that
my participation is voluntary and that I knowingly assume all such risks. I further understand that I am ultimately responsible for
my own safety.
Hold Harmless and Indemnification: I agree, for myself, my heirs, personal representatives or assigns, to defend, hold harmless, and
indemnify, the Bands, its officers, directors, employees, agents, volunteers, and affiliates, from and against any and all claims,
demands, actions, suits, procedures, causes of action, damages, costs (including reasonable attorney’s fees) and expenses that may
result from or is in any way related to my participation in the Miami Broward One Carnival. This indemnity includes claims based on
the negligence (whether sole, active, passive, or gross) of the Band, its officers, employees, agents, affiliates, and volunteers, but
expressly does not include claims based on their intentional misconduct.
Release and Waiver: I hereby release, waive, and covenant, not to sue the Bands, its officers, directors, employees, agents,
volunteers, and affiliates, from and for any and all claims and/or liability resulting from any personal injury, accident or illness
(including death), and/or property damage or loss, however caused by, arising from, or in any way related to, my participation in the
Miami Broward One Carnival. This release includes claims based on the negligence (whether sole, active, passive, or gross) of the
Bands, its officers, employees, agents, affiliates, and volunteers. I understand that by agreeing to this clause I am releasing claims
and giving up substantial rights, including my right to sue.
Conduct: I agree to follow all instructions, procedures, measures, and directions given to me by the Bands or any of its staff or
representatives and understand that my failure to do so may result in property damage or injury or death to me or to a third party. I
understand that my invitation to participate in recreational or other activities on the Properties may be revoked at any time for any
reason by the Band or any of its agents, managers, employees, or representatives.
Permission to Use Likeness/Name: The undersigned further agree to allow, without compensation, Participant’s likeness and/or
name to appear, and to otherwise be used, in material, regardless of media form, promoting the Miami Broward Carnival or the
Bands, and/or its, events and activities, including those of its representatives, assigns, and licensees.
Severability: I understand that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is
permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect and be binding on myself, my spouse, my heirs and personal representatives.
I UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMINTY IS INTENDED TO WAIVE, RELEASE, DISCHARGE AND INDEMINIFY IN
ADVANCE THE BANDS AND ITS AFFLIATES, SUBSIDIARIES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INSURERS, AGENTS,
REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITY TO ME ARISING FROM MY
PARTICIPATION IN ANY AND ALL RECREATIONAL OR OTHER ACTIVITIES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE
CARNIVAL, INCLUDING ANY DEMAND, RIGHT OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED
ON TORT (INCLUDING NEGLIGENCE ON THE PART OF THE BANDS), CONTRACT, WARRANTY, OR ANY OTHER THEORY OF
RECOVERY, AT LAW OR INEQUITY, VESTED OR CONTINGENT, THAT I OR MY SPOUSE, FAMILY, PARENTS, CHILDREN, ESTATE, HEIRS,
AGENTS, INSURERS, SUCCESSORS OR ASSIGNS MAY AT ANY TIME HAVE AS A RESULT OF MY PARTICIPATION IN RECREATIONAL OR
OTHER ACTIVITIES DURING OR ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL. THIS ALSO INCLUDES, WITHOUT
LIMITATION, ANY LIABILITY (INCLUDING CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES) ARISING FROM INJURY
OR DAMAGE THAT I SUFFER OR CAUSE DURING MY PARTICIPATION IN RECREATIONAL OR OTHER ACTIVITES DURING OR
ASSOCIATED WITH MIAMI BROWARD ONE CARNIVAL, WHETHER SUCH INJURY OR DAMAGE IS FORESEEN OR UNFORESEEN OR
WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE.
Termination/Access Restriction
‘The Bands’ reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State
of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating
to the use of the Sites. Use of the Sites are unauthorized in any jurisdiction that does not give effort to all provisions of these Terms,
including, without limitation this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ‘The Bands’ as a result of
this agreement or use of the Site. ‘The Bands’ performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of ‘The Bands’ right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to gathered by ‘The Bands’ with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effort.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ‘The Bands’ with respect
to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and ‘The Bands’ with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be written in English.
Change to Terms
‘The Bands’ reserves the right, in its sole discretion, to change the Terms under which ‘the Sites’ is offered. The most current version
of the Terms will supersede all previous versions. ‘The Bands’ encourages you to periodically review the Terms to stay informed of
our updates.
DISCLAIMER:
All Purchases are Final and Non-Refundable. Management reserves the right to refuse any patron. Packages are only reserved
until 10/8/2021 8:00 PM, if not picked up by that date and time your reservation will be released without refund.
Masquerader assumes all risk of personal injury and loss or damage to property. All masqueraders are required to wear a mask.
"Nothing shall limit the right of the Miami-Broward One Carnival Host Committee Inc. (MBOCHCI) and RED ANTZ MIAMI JOUVERT to photograph, record, film, videotape, broadcast and to transmit via the internet the performance of a registered individual at any event produced by MBOCHCI or RED ANTZ MIAMI JOUVERT, or to include them in the marketing and promotion of MBOCHCI or RED ANTZ MIAMI JOUVERT via flyers, brochures and any other printed material. It is expressly agreed that MBOCHCI or RED ANTZ MIAMI JOUVERT may employ or authorize any third party, including the media, to exercise these rights on its behalf."
Contact Us:
RED ANTZ MIAMI JOUVERT
954-638-5978 | 954-213-5557
@redantzmiamijouvert
K-PAYA CARNIVAL
954-638-5978 | 954-213-5557
@kpayacarnival