This credit application, authorization and agreement ("Agreement") is formed through the exchange of mutual covenants and other good and valuable consideration set forth herein between the undersigned and Sky Warrior Bahamas Limited, the holder of gaming licenses issued by the Gaming Board of Commonwealth of the Bahamas, including its affiliates and agents ("BAHA MAR").
I, the undersigned, by executing this Agreement, certify that:
- I am the person for whom I am requesting credit, check cashing, marker or other financial privileges, which I acknowledge will be extended by BAHA MAR in its sole discretion (as applicable, the "Credit Extension"), and I have read, understand, and agree to be bound by all terms in this Agreement, all information in this Agreement is true and correct, and if any information changes I will timely notify BAHA MAR;
- I am 18 years of age or older;
- I am not:
- a citizen ordinarily resident in the Commonwealth of The Bahamas ("the Bahamas")
- in possession of a residency certificate for the Bahamas
- in possession of or required to hold a permit to engage in work in the Bahamas
- a spouse or common-law partner of the foregoing
- I have not been excluded from any gaming operation voluntarily or involuntarily, nor have any of my gaming or financial privileges at any gaming operation been restricted or limited, either voluntarily or by action of law.
I hereby authorize and instruct BAHA MAR, its affiliates and agents, including, without limitation, VisuaLimits, LLC ("VL") to obtain consumer reports, contact financial institutions, and check my financial, consumer credit, employment, bank and gaming history to evaluate my credit application as well as to update and review my account to provide services requested by me, as deemed necessary by BAHA MAR or as required by law or regulation. I further authorize BAHA MAR, its affiliates and agents to verify such information through any source and to report any information to another gaming establishment, excluding credit report data obtained from a credit agency, and to exchange any information with any of BAHA MAR's affiliates, an authorized third party or a governmental entity. I release, waive all rights and agree not to bring at any time in the future, any claims or demands against BAHA MAR, its affiliates or agents relating to any credit investigation made pursuant to my authorization and instructions in this Agreement, including, without limitation, the collection, processing, and transmission of my personal information and data.
By executing this Agreement and in consideration of the Credit Extension, I further understand, agree, represent and warrant:
- I am making an unconditional promise to repay the Credit Extension, which may be evidenced by separate checks, markers, drafts or any other form of credit, negotiable or financial instruments manually or digitally created (as applicable, the "Negotiable Instrument") and I have the ability and intent to repay the Credit Extension. I authorize BAHA MAR, in its sole discretion, to apply any and all chips, slots winnings, or other cash or cash equivalents that I may earn, win, redeem or receive from BAHA MAR first to the reduction of any Credit Extension and then the remainder, if any, to me.
- That the full amount of the Credit Extension available to me is for the purposes set forth herein.
- Upon approval through manual or digital signature, that (1) my Credit Extension is advanced prior to the conduct of any gambling activities by me; (2) I am creating a promissory note with BAHA MAR in the jurisdiction of the Bahamas in the amount of the Credit Extension; (3) I have on deposit in accounts with financial institutions on which I am an authorized signatory for all purposes, without restriction, funds sufficient to pay the Credit Extension upon demand or presentment; and (4) the Credit Extension is for use solely at BAHA MAR.
- Before drawing on my Credit Extension, I agree to sign, manually or digitally, all Negotiable Instruments in the amount of such draw. I authorize BAHA MAR as my limited attorney in fact to complete any missing information on such Negotiables Instrument, including, without limitation: (1) name of the payee; (2) amounts; (3) dates; (4) the name, account number, and/or branch and address of the applicable financial institution; (5) any electronic encoding; and (6) such other information as otherwise required and authorized by law or regulation. This information can be for any financial institution account from which I now have or may in the future have the right to withdraw funds, regardless of whether that account now exists, or whether I provided the information on the account. I further agree that any Negotiable Instrument created may be micro-encoded, deposited manually, electronically, or by any other lawfully means, and charged directly against any or all financial institution accounts I hold. I authorize BAHA MAR to complete any Negotiable Instrument as necessary for presentation or payment within 90 days of issuance, or as otherwise agreed. If a Negotiable Instrument is returned for insufficient or uncollected funds, or any other reason, I agree that it may be represented electronically.
- The Agreement is valid for a period of 365 days, following which a new Agreement is required, provided however, BAHA MAR may cancel the Agreement at any time with prior written notice. The Credit Extension becomes inactive at the end of each trip and must be reactivated before the next trip. Expiration of the Agreement or inactivity of the Credit Extension does not impact any continuing obligations of the Credit Extension due and payable to BAHA MAR.
- The laws of the Bahamas exclusively govern the terms of my Negotiable Instrument. I agree to submit to service of process and that any summons, complaint, or other notice issued in connection with the collection of a debt owed may be delivered by registered or certified mail or by any private delivery service, such as Federal Express, to the address listed on my application unless I provide BAHA MAR with written notice of an address change. I agree that the BAHA MAR may litigate any dispute involving the Credit Extension or Negotiable Instrument in any appropriate court in the Bahamas and I submit to this exclusive jurisdiction. I further agree to waive the argument of forum nonconveniens or any and all objections that I may have that a court in the Bahamas is an inconvenient location or forum for me to be subject to a collection action by BAHA MAR. I hereby voluntarily waive and relinquish any right to a trial by jury and any and all defenses or any legal rights afforded by the United States Fair Debt Collection Practices Act or similar laws in my home jurisdiction, regardless of country, that may allow me to have claims and disputes pertaining to this Agreement be filed where I live or where this Agreement was manually or digitally signed. Additionally, I waive any requirement of presentment or any right statutory or otherwise, to stop payment on any Negotiable Instrument created pursuant to this Agreement.
- In the event it becomes necessary for BAHA MAR to employ an attorney or agent to effect the collection of the Credit Extension under the Agreement, I will pay all costs of collection, including, but not limited to, any bank fees, reasonable attorneys' fees, interest at a maximum rate allowed by law, court costs, and filing fees incurred through appeal.
- There exist certain laws that prohibit the recovery of gambling obligations, therefore I acknowledge that as inducement for BAHA MAR to extend me the Credit Extension I expressly and voluntarily waive and relinquish all right to assert any and all defenses, including any action brought anywhere by BAHA MAR to enforce collection of any unpaid portion of any Negotiable Instrument.
- For the purposes of the law of the Bahamas, a Negotiable Instrument is identical to a personal check and may be deposited in or presented for payment to a financial institution on which the Negotiable Instrument is drawn. Willfully drawing or passing a Negotiable Instrument with the intent to defraud, including knowing that there are insufficient funds in an account upon which it may be drawn, is a crime in the Bahamas that may result in criminal prosecution in addition to civil proceedings to collect the outstanding debt.
- I agree to repay the Credit Extension in accordance with the following Repayment Schedule as applicable to the amount of Credit Extension and my country of residence:
|Credit Extension||U.S. and Canadian Resident||International Resident|
|$10,000 to $49,999||14 calendar days||60 calendar days|
|$50,000 and up||30 calendar days|
or as modified by the
|90 calendar days|
I hereby expressly consent to the entering into and enforceability of my electronic signature to bind me to this Agreement. I understand that I have the right to execute this Agreement in non-electric form and understand that I have the right to withdraw consent have this Agreement executed and agreed to in electronic form. This consent is valid for this Agreement and any other Agreement required of me to gamble and be in Baha Mar Casino. To obtain a copy of the electronic signature and this Agreement, please email to Credit@bahamar.com requesting the same. This consent can be withdrawn by specific request to guest services at Credit@bahamar.com. Paper copies of this Agreement can be requested from Credit@bahamar.com.
BAHA MAR strongly supports and promotes responsible gaming and encourages you to know your limits. If you or someone you know has a gambling problem, we urge you to contact the National Council Problem Gambling Helpline for toll-free, confidential help. Caring counsellors will provide information on available treatment and resources in your language of choice.
Call or text +1.800.522.4700 or visit www.ncpgambling.org/chat