I, the undersigned, understand and agree that this document is (a) an agreement between me, Sky Warrior Bahamas Limited d/b/a Baha Mar Casino ("SWBL"), and Sky Warrior US LLC ("SWUL," and together with SWBL, "Sky Warrior"), and (b) an application for the extension of credit with Sky Warrior (collectively, this "Agreement"). I understand and agree that SWUL shall act as Sky Warrior’s agent for the purposes of administering any matters arising under this Agreement in the United States. I acknowledge and agree that Sky Warrior is relying upon the covenants that I have made in this Agreement that such covenants are a material inducement for it to extend credit to me.
Accordingly, I hereby voluntarily and irrevocably agree that (a) the interpretation of this Agreement, and (b) any claims, disputes or other matters arising out of or related to (i) this Agreement, and (ii) any documents executed in connection herewith (collectively, "Disputes") shall be governed, construed and enforced in all respects in accordance with the laws of the State of New Jersey, U.S.A. In addition, I further agree that for the determination of all Disputes: (a) I consent and submit to the sole and exclusive jurisdiction and venue, at the election of Sky Warrior, in its sole discretion of (i) the state and federal courts of Atlantic County in the State of New Jersey, U.S.A. (the "New Jersey Courts"), or (ii) courts located in the Commonwealth of the Bahamas (the "Bahamas Courts"); (b) waive any and all defenses based upon any assertion that the New Jersey Courts or the Bahamas Courts do not have jurisdiction or are an inconvenient or improper venue; (c) waive and relinquish my legal right under the US Federal Fair Debt Collection Practices Act to have any Disputes be filed where I live or where this Agreement was signed (the "Collection Act Waiver"), (d) agree and represent that the Collection Act Waiver is voluntarily given to Sky Warrior and its attorneys; (e) agree that SWUL by itself, and on behalf of Sky Warrior, has standing to enforce this Agreement on behalf of itself and Sky Warrior; (f) waive any right to request trial by jury in connection with any Dispute; (g) agree that, notwithstanding the existence of laws that may prohibit the recovery of gambling obligations, I waive all of my rights, if any, to assert any and all defenses based upon any such laws in any action brought against me in any jurisdiction to collect or enforce collection of any unpaid portion of any credit extended to me in connection with this Agreement. I agree that in connection with any Dispute, including, without limitation, an action to collect any sums advanced to me pursuant to this Agreement, if Sky Warrior employs an attorney or agent to collect, I will pay all costs of such attorney or agent through judgment, all appeals and collection, including, but not limited to, bank fees, reasonable attorney’s fees, court costs, filing fees and interest on all amounts advanced to me pursuant to this Agreement. Such interest shall accrue at the rate of eighteen percent (18%) per annum or the maximum rate allowed by New Jersey law whichever is less, and such interest rate shall continue and be applicable to any judgment obtained against me by Sky Warrior.
I agree that I shall be obligated to pay Sky Warrior all amounts advanced to me by Sky Warrior pursuant to this Agreement, which amounts may also be evidenced by separate drafts, markers and checks executed by me. As a condition to being granted marker signing privileges, I (a) agree to sign credit instruments, also known as markers or checks ("Markers") in the amount of the funds issued to me, (b) authorize Sky Warrior to complete any of the following information on those Markers: (1) name of payee, (2) the date, (3) name, account number and/or address of any of my banks and financial institutions where I have bank accounts from which I now or may in the future have the right to withdraw funds, regardless of whether that account now exists (collectively, "Accounts"), (4) electronic encoding of the above, and (5) such other matters as otherwise authorized by law, and (c) represent and warrant that I am an authorized signatory for all purposes, without restriction, on all such Accounts. The information inserted may be for any Account whether or not I provided the information on the Account to Sky Warrior. I REPRESENT THAT AT THE TIME I SIGN ANY MARKER, I HAVE OR WILL HAVE ON DEPOSIT IN ALL ACCOUNTS SUFFICIENT FUNDS TO PAY ANY MARKER UPON DEMAND OR PRESENTMENT. I agree that each Marker I sign is a separate transaction. If I receive the funds before I execute a Marker, I promptly will sign a Marker when presented to me in the amount of the funds I received.
I authorize Sky Warrior, in its sole discretion, to apply any and all chips I may redeem first to the reduction of any outstanding credit balance, with the remainder, if any, to be returned to me.
I understand that any and all drafts and checks signed by me pertaining to this Agreement may, without any prior notice, be micro-encoded, deposited (manually or electronically-ACH) and/or charged directly against any or all of the Accounts. I agree and understand that all credits made by Sky Warrior to my Sky Warrior account are beneficially owned by me and that all deposits into this account are for gaming purposes. I understand that any payments made against my outstanding account balance will be made or deducted from any one of my Accounts unless other payment methods have been preapproved in writing by Sky Warrior. To assist in the fight against the funding of terrorism and money laundering activities, the laws of the Bahamas and the United States require all casinos to obtain, verify and record information that identifies each individual who opens an account and, in select cases, the source of gaming funds, and I agree to supply, upon request, all information and documents requested by Sky Warrior for this purpose.
I acknowledge that irrespective of any currency exchange laws in the country in which I reside, I have the ability and intent to legally repay any advance of money or credit by Sky Warrior. I also acknowledge that an independent agent collecting front money deposits or payments on the debt is my agent and not an agent for Sky Warrior or any of its affiliates.
I hereby represent and warrant that all representations, warranties, and statements made by me in connection with this Agreement (including following representations are (a) true and correct in all respects, and (b) shall be deemed to be made by me each and every time I execute and deliver any and all Markers, drafts or checks signed by me which are in any way related to this Agreement, the credit application contained herein, and any transactions contemplated by this Agreement: (i) I am eighteen (18) years of age and lawfully permitted to enter into this Agreement; (ii) I am lawfully permitted to engage in gaming activities in the Bahamas; (iii) I am not a “domestic player” as defined under the laws of the Bahamas for any other reason precluded from gaming in Bahamian casinos, (iv) I have not been voluntarily or involuntarily excluded from any gaming operation wherever located, and (v) I have not had any of my gaming or financial privileges at any gaming operation restricted or limited, either voluntarily or by operation of law.
I further understand that knowingly providing false, inaccurate or misleading information in connection with this Agreement may subject me to criminal and/or civil liability. This Agreement supersedes any and all prior applications and agreements I have previously entered into with Sky Warrior.
I agree to repay any credit extended to me under this Agreement or any negotiable instruments executed by me in connection with this Agreement in accordance with the following repayment schedule:
|Credit Extension||U.S. and Canadian Resident||International Resident|
|$10,000 to $49,999||30 calendar days||60 calendar days|
|$50,000 and up||45 calendar days|
or as modified by the
|90 calendar days|