ACCEPTANCE OF TERMS
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED VISIT IN OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Accuracy, Completeness and Timeliness of Information
Breathtakers Entertainment, Inc. is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which are definitely not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation on our end to update any information on the site. You understand and agree that it is your responsibility to monitor changes to the site.
LICENSE AND SITE ACCESS
Breathtakers Entertainment, Inc. grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent from our company. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our company.
The right to access our corporate website does not include any resale or commercial use of our site or its contents nor allows you to download or copy any account information for the benefit of another merchant.
Any unauthorized use terminates the permission or license granted by Breathtakers Entertainment, Inc..
SERVICE PRICING & DESCRIPTIONS
The Service Price displayed for parties on our website represents the full price listed on the service itself, including the dancer base pay, and the agency booking fee. The entertainers however do work on tips at every event, and that is in addition to the total service price listed.
LINKS & FRAMINGS
You shall not use our company logo or other proprietary graphic to link to this Site without the express written permission of Breathtakers Entertainment, Inc.. Further, you may not frame any trademark, logo or other proprietary information, including the Images Content, without our express written consent.
We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of our company and we shall not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
Breathtakers Entertainment Inc. also known as BTE, Inc. are business entities for the purpose of providing professional entertainers with opportunities to work as independent contractors only. These entities, referred to as the “Agency”, assume no liability or responsibility to or for any of the said Entertainers’ or activities presented or acted on, by the said Entertainer or Assistant. In addition, the Agency assumes no liability or responsibility to or for the said Entertainers or Assistants for any other disputes, claims, torts, or actions in law or equity, arising from any relationship existing between said Agency and the Entertainer or Assistant. All Entertainers or Assistants have recognized and have agreed to all conditions and agreements stated in the Independent Contractors Agreement between the Agency and the Entertainer or Assistant. Any injuries occurring to Entertainer, Assistant, client, client’s property, client’s guests, drivers, security guards, or any party’s property is not responsibility of the Agency. The Independent Contractors ARE NOT EMPLOYEES of Breathtakers Entertainment, Inc. also known as BTE, Inc. The Independent Contractors are responsible for supplying their own transportation, security, costumes, music and any other props involved with performances.
At time of booking an entertainer over the phone, the customer service representative will take down type of credit card, expiration date, security code, and current billing address. This transaction will have to be handled with only the card holder issued to the card being charged for the event. All credit card charges are non-refundable and non-negotiable. In the event that a customer books a same day service within 3 hours or less from the scheduled time and we can not provide an entertainer on such short notice, the credit card booking fee will still be non refundable, non negotiable, however in this special circumstance, the company will extend the customer a six month courtesy credit towards a future event anytime within 180 days from the original date of booking. The entertainer arriving late to the event does not in any way, shape or form constitute any type of refund or negotiation of fees to be paid. In addition, any act of God, or mother nature, such as severe weather conditions including snow, tornados, flooding, power outages, road closures that would prevent a dancer to attend a booked event will also be considered non-refundable, however in those conditions the company would give a six month credit towards a future event. The credit card deposit over the phone pays for the booking process, fees, and credit card processing. The credit card transaction has nothing to do with the entertainer’s pay or performance. If anything, it merely books the show and gets an entertainer to your door. The remainder of the fee is to be paid to the Entertainer only in cash upon his arrival. This is what is referred to as the Entertainer’s base pay, which Entertainers do not accept checks, money orders, credit cards, or cashier’s checks, nor do they collect the fee after the service is performed. All entertainer fees are paid before the show begins, no exceptions.
At the time of booking the event over the phone or online, we ask that you pick out your top four choices. We will try to get you one of the four entertainers chosen. In the event those choices are not available, we would use them as a guide, showing us what taste of male or female dancer you are looking for. Any company who says they can 100% guarantee a dancer, nine times out of ten can not make this promise and is only using this tactic to just close the sale quick over the phone. Please keep in mind many enterrtainers work for multiple companies and are independent meaning that they can change their work schedules, travel, and take on other assignments as their schedules permit.. Keeping this in mind, we are very picky on the entertainers we send out for the main reason of obtaining repeat business and long lasting customers for the future. Many companies will not be upfront with you in this area. So if you can appreciate our honesty in how this industry works, we surely would appreciate your business.
Please be aware you are inviting an entertainer to come and entertain you and all of your guests. When infact the entertainer is a guest to your home, place of business or hotel. Please show respect and courtesy to the entertainers. They are not hired to be harassed, threatened or put in any type of danger period. Their job is to come and entertain all of your guests and make your event a memorable one that everyone will talk about for months if not years to come. The entertainers do reserve the right to terminate the show at anytime due to any type of harassment, physical endangerment, threats, or abusive language and no refunds will be made by the entertainer or the agency. It is the host or hostess of the party’s responsibility to insure all guests conform and abide by this disclaimer. We thank you for taking the time to read our disclaimer and abiding by it, this will only insure your party to be a memorable one!!!!
Please note – We only book out parties of five or more guests attending. We are not an Escort Company!!!!
CORPORATE INTELLECTUAL PROPERTY RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Breathtakers Entertainment, Inc.. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the Breathtakers Entertainment, Inc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Severability of Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Nevada, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Nevada, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.