Please enable JavaScript in your browser to complete this form.
Name
Reason for Refund Request
Did you submit a cancellation request on atlargepr.com?
$0.00
Please email any supporting documents to britt@atlargepr.com.
By checking the boxes I agree to electronic signatures.
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 At Large PR, a Florida limited liability company and _______________(the “Client”) (the Company and Customer collectively, the “Parties” and each a “Party”). RECITALS 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: AGREEMENT 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.
By checking the boxes I agree to electronic signatures.
RELEASE AGREEMENT This Release Agreement, dated as of _______________ (the “Release Agreement”), between At Large PR, a Florida limited liability company, and __________,a[n]_________ _________, having its principal place of business at _____________________ (“Company”, and together with At Large PR, the “Parties”, and each, a “Party”). WHEREAS, the Parties have entered into a Service Agreement (the “Agreement”); and WHEREAS, request for release of Service Agreement; and WHEREAS, the Parties desire to execute and deliver mutual releases on the terms and conditions set out herein. NOW, THEREFORE, in consideration of the premises set out above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions. Capitalized terms used and not defined in this Release Agreement have the respective meanings assigned to them in the Service Agreement. 2. Termination Payment/Certain Rights and Obligations. As material consideration for the covenants, agreements, and undertakings of the Parties under this Release Agreement: a. Within 45 days following the date first written above, At Large PR may pay Company an amount in At Large PR’s sole and absolute discretion, for the release of the Service Agreement (the “Termination Payment”). b. Other conditions may apply at At Large PR’s sole and absolute discretion and will be sent by an At Large PR team member in writing. 3. Mutual Release. a. In consideration of the covenants, agreements, and undertakings of the Parties under this Release Agreement, effective upon the satisfaction of the Parties’ obligations under 2, each Party, on behalf of itself and its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, managers, members, successors, and assigns (collectively, “Releasors”) hereby releases, waives, and forever discharges the other Party and its respective present and former, direct and indirect, parents, subsidiaries, affiliates, employees, officers, directors, shareholders, managers, members, agents, representatives, permitted successors, and permitted assigns (collectively, “Releasees”) of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, “Claims”), which any of such Releasors ever had, now have, or hereafter can, shall, or may have against any of such Releasees for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time through the date of this Release Agreement arising out of or relating to the Agreement, except for any surviving obligations under the Agreement and Claims relating to rights and obligations preserved by, created by, or otherwise arising out of this Release Agreement. b. Each Releasor understands that it may later discover Claims or facts that may be different from, or in addition to, those that it or any other Releasor now knows or believes to exist regarding the subject matter of the release contained in this 3, and which, if known at the time of signing this Release Agreement, may have materially affected this Release Agreement and such Party’s decision to enter into it and grant the release contained in this 3. Nevertheless, the Releasors intend to fully, finally, and forever settle and release all Claims that now exist, may exist, or previously existed, as set out in the release contained in this 3, whether known or unknown, foreseen or unforeseen, or suspected or unsuspected, and the release given herein is and will remain in effect as a complete release, notwithstanding the discovery or existence of such additional or different facts. The Releasors hereby waive any right or Claim that might arise as a result of such different or additional Claims or facts. 4. Representations and Warranties. Each Party hereby represents and warrants to the other Party that: a. It has the full right, power, and authority to enter into this Release Agreement, to grant the release contained herein and to perform its obligations hereunder. b. The execution of this Release Agreement by the individual whose signature is set out at the end of this Release Agreement on behalf of such Party, and the delivery of this Release Agreement by such Party, have been duly authorized by all necessary action on the part of such Party. c. This Release Agreement has been executed and delivered by such Party and (assuming due authorization, execution, and delivery by the other Party hereto) constitutes the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms, except as may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws and equitable principles related to or affecting creditors’ rights generally or the effect of general principles of equity. d. It (i) knows of no Claims against the other Party relating to or arising out of the Agreement that are not covered by the release contained in 3 and (ii) has neither assigned nor transferred any of the Claims released herein to any person or entity and no person or entity has subrogated to or has any interest or rights in any Claims. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THE AGREEMENT AND IN THIS 4 OF THIS RELEASE AGREEMENT, (A) NEITHER PARTY HERETO NOR ANY PERSON ON SUCH PARTY’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH PARTY HERETO ACKNOWLEDGES THAT, IN ENTERING INTO THIS RELEASE AGREEMENT, IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY OTHER PERSON ON SUCH OTHER PARTY’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS 4. 5. Indemnification. a. Each Party (as “Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party, and its officers, directors, managers, employees, agents, affiliates, permitted successors and permitted assigns (collectively, “Indemnified Party”), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Release Agreement, and the cost of pursuing any insurance providers, awarded against an Indemnified Party in a final non-appealable judgment (collectively, “Losses”), arising out of or resulting from any claim of a third party or Party alleging: (i) material breach by Indemnifying Party or its employees, consultants, or other personnel of any representation, warranty, covenant, or other obligation set out in this Release Agreement; or (ii) gross negligence or more culpable act or omission of an Indemnifying Party or its employees, consultants, or other personnel (including any recklessness or willful misconduct) in connection with the performance of its obligations under this Release Agreement. b. Notwithstanding anything to the contrary in this Release Agreement, the Indemnifying Party is not obligated to indemnify, defend, or hold harmless the other Party and the other Indemnified Parties against any Losses arising out of or resulting, in whole or in part, from an Indemnified Party’s: (i) willful, reckless or negligent acts or omissions; or (ii) bad faith failure to materially comply with any of its obligations set out in this Release Agreement. c. An Indemnified Party seeking indemnification under this 5 shall give the Indemnifying Party: (i) prompt Notice (as defined below) of the relevant claim; provided, however, that failure to provide such notice shall not relieve the Indemnifying Party from its liability or obligation hereunder except to the extent of any material prejudice directly resulting from such failure; and (ii) reasonable cooperation, at the Indemnifying Party’s expense, in the defense of such claim. The Indemnifying Party shall have the right to control the defense and settlement of any such claim; provided, however, that the Indemnifying Party shall not, without the prior written approval of the Indemnified Party, settle or dispose of any claims in a manner that affects the Indemnified Party’s rights or interests. The Indemnified Party shall have the right to participate in the defense at its own expense. d. THIS 5 SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF EACH INDEMNIFYING PARTY AND THE SOLE AND EXCLUSIVE REMEDY OF EACH INDEMNIFIED PARTY FOR ANY DAMAGES COVERED BY THIS 5. 6. Confidentiality. Each Party acknowledges the confidential nature of the terms and conditions of this Release Agreement (including the fact that a termination payment is being made and the amount of the Termination Payment) (collectively, the “Confidential Information”) and agrees that it shall not (a) disclose any of such Confidential Information to any person or entity, except to such Party’s affiliates, employees, advisors, and other representatives who need to know the Confidential Information to assist such Party, or act on its behalf, to exercise its rights or perform its obligations under this Release Agreement, or (b) use the Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Release Agreement. Each Party shall be responsible for any breach of this Section 6 caused by any of its affiliates, employees, advisors, or other representatives. 7. Publicity and Announcements. a. Neither Party shall (orally or in writing) publicly disclose or issue any press release, make any other public statement, or otherwise communicate with the media, concerning the termination of the Agreement, the existence of this Release Agreement or the subject matter hereof, without the prior written approval of the other Party, except to the extent that such Party (based on the reasonable advice of counsel) is required to make any public disclosure or filing regarding the subject matter of this Release Agreement (i) by applicable law, or (ii) under any rules or regulations of any securities exchange on which the securities of such party are listed or traded or (iii) in connection with enforcing its rights under this Release Agreement. b. During the three (3) year period beginning on the full execution of this Release Agreement, neither Party shall make, publish, or communicate to any person or entity or in any public forum any comments or statements (written or oral) that denigrate or disparage, or are detrimental to, the reputation or stature of the other Party or its businesses, or any of its employees, directors and officers/managers,/ and members, and officers, and existing and prospective customers, suppliers, investors, and other associated third parties. 8. Miscellaneous. a. Any notices, requests, consents, claims, demands, waivers, summons, or other legal process, or similar types of communications hereunder (each, a “Notice”) must be in writing and addressed to the relevant Party at the address set out on the first page of this Release Agreement (or to such other address that may be designated by the receiving Party from time to time in accordance with this Section 8(a)). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage prepaid). A Notice is effective only (i) on receipt by the receiving Party and (ii) if the Party giving the Notice has complied with the requirements of this Section 8(a). b. This Release Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Release Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Florida, United States of America (including its statutes of limitations and § 685.101, Fla. Stat., without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Any legal suit, action or proceeding arising out of or relating to this Release Agreement must be instituted in the federal courts of the United States of America or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by certified mail in accordance with Section 8(a) will be effective service of process for any suit, action, or other proceeding brought in any such court. c. This Release Agreement, and each of the terms and provisions hereof, may only be amended, modified, waived, or supplemented by an agreement in writing signed by each Party. d. Neither Party may assign, transfer, or delegate any or all of its rights or obligations under this Release Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that either Party may assign this Release Agreement to an affiliate, a successor-in-interest by consolidation, merger, or operation of law or to a purchaser of all or substantially all of the Party’s assets. No assignment will relieve the assigning party of any of its obligations hereunder. Any attempted assignment, transfer, or other conveyance in violation of the foregoing will be null and void. This Release Agreement will inure to the benefit of and be binding on each of the Parties and each of their respective permitted successors and permitted assigns. e. This Release Agreement may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this Release Agreement electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Release Agreement. f. For purposes of this Release Agreement, (i) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; (iii) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Release Agreement as a whole; (iv) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (v) words denoting any gender include all genders. The Parties drafted this Release Agreement without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. g. The headings in this Release Agreement are for reference only and do not affect the interpretation of this Release Agreement. h. If any term or provision of this Release Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Release Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. i. Each of the Parties shall, and shall cause its respective affiliates to, from time to time at the request and sole expense of the other Party, without any additional consideration, furnish the other Party such further information or assurances, execute and deliver such additional documents, instruments, and conveyances, and take such other actions and do such other things, as may be reasonably necessary or appropriate in the opinion of counsel to the requesting party to carry out the provisions of this Release Agreement and give effect to the transactions contemplated hereby. j. This Release Agreement is the sole and entire agreement of the Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. k. Each Party shall pay its own costs and expenses in connection with the drafting, negotiation, and execution of this Release Agreement (including the fees and expenses of its advisors, accountants, and legal counsel). l. Except as expressly set out in the second sentence of this Section 8(l), this Release Agreement benefits solely the Parties hereto and their respective permitted successors and permitted assigns, and nothing in this Release Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Release Agreement. The Parties hereby designate all Releasees and Indemnified Parties as third-party beneficiaries of 3 and 5, respectively, having the right to enforce such Section[s]. IN WITNESS WHEREOF, the Parties have executed this Release Agreement as of the date first written above.