Terms of Sale
SUBMISSION OF YOUR ORDER
ACCEPTANCE OF YOUR ORDER
You will not be charged until your order is verified, payment has been authorized, and your order has entered the shipping process. However, Brian Atwood reserves the right to decline your order at its sole discretion, at any time, whether you have received a confirmation or your credit card has been charged. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if we need more information. If your order is declined, we will credit your original method of payment for any amount charged with respect to such order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Consent and Release Agreement
Consent and Release Agreement for Use of Photo and Likeness
I hereby grant to BA Brand Holdings LLC and its subsidiaries, affiliates, agents, representatives and designees (collectively, "Brian Atwood") the irrevocable, non-exclusive, non-transferable, royalty-free perpetual right and license to use and display my photo ("Photo") for any and all purposes, including marketing, promotion or advertising, in any and all media channels and social platforms (now known or hereafter existing), without compensation, payment or other consideration of any kind. Brian Atwood may use, display, edit, alter, reproduce, create derivative works from, publish or distribute the Photo for any lawful purpose in its sole discretion, with no obligation to me or right of inspection or approval. I further grant Brian Atwood the right to use my name, username, social media handle and/or likeness as depicted in the Photo (collectively, "Likeness") in connection with Brian Atwood's use of the Photo.
I represent that: (i) the Photo is original and that I own all rights, including copyright, in and to the Photo or that I have obtained the necessary permissions to grant the rights given herein; (ii) if anyone is depicted in the Photo other than me, I have obtained all necessary permissions and releases from such person(s) to grant the rights given to Brian Atwood herein and that any such person(s) is over the age of majority in his/her state of legal residence; and (iii) Brian Atwood's use of the Photo and/or my Likeness as granted herein will not violate the rights of any third party or any law.
I represent that I am a resident of the United States and that I am at least 18 years of age or older. I hereby release, discharge and hold harmless and indemnify Brian Atwood, its officers, directors and employees from any and all claims, demands or causes of action relating to, arising from or caused by the Photo, my Likeness and/or the rights granted herein and/or any claims, demands or causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this Agreement.
I agree that: (i) this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York; (ii) any dispute relating to this Agreement shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York and I hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that I may have; and (iii) IN THE EVENT OF A DISPUTE AS BETWEEN ME AND BRIAN ATWOOD RELATING TO OR ARISING FROM THIS AGREEMENT AND THE RIGHTS GRANTED HEREIN, IN NO EVENT WILL BRIAN ATWOOD BE LIABLE TO ME FOR LOST PROFITS OR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR HAVE ANY LIABILITY EXCEEDING THE AGGREGATE AMOUNT OF TEN DOLLARS ($10.00).
Promotion Terms & Conditions
Promotions do not apply to clearance or final sale items unless otherwise stated.
Promotions are not valid for cash or cash equivalent. Promotions cannot be applied to previous purchases nor combined with any other offers or discounts including price matching of any other retailer. Promotions cannot be combined with the Brian Atwood employee discount.
Qualifying promotion amount applies to merchandise only, excluding packaging, sales tax and shipping and handling charges.
Returns and exchanges are subject to Brian Atwood's return policy.
Offers are non-transferable.
Brian Atwood has the right to cancel or change any promotion at any time without notice and in its sole discretion.
Promotions may be subject to availability.
If free shipping is offered by Brian Atwood, it is only valid for shipping addresses in the United States excluding Alaska, Hawaii, US Virgin Islands, Puerto Rico, Guam, military and air force bases.