Terms of Service
Perch Parking, LLC Terms of Service and Release of Liability Agreement
This combined Agreement is entered into between the User (Purchaser and guests) and Perch Parking, LLC, a Florida limited liability company, as of the Date of purchase made by the User.
Perch's Role:
1.1. Perch Parking, LLC operates as a digital platform connecting Users with parking spaces listed by third-party Lot Owners near college football stadiums. Perch does not own or operate any parking lots and is not responsible for the actions, omissions, or negligence of Lot Owners.
Assumption of Risk:
2.1. User understands and acknowledges that the use of parking lots for parking vehicles carries inherent risks that cannot be eliminated regardless of the care taken to avoid injuries or damages. User hereby assumes all such risks and releases Perch from any and all liability.
Tailgating and Conduct:
3.1. Users are allowed to tailgate and remain in the lots but must exhibit good behavior at all times, respecting other users, Lot Owners, and any established guidelines or regulations.
3.2. Users are responsible for any damages or disturbances they may cause and may be liable for costs associated with rectifying such damages or disturbances.
Release and Waiver:
4.1. User hereby releases, waives, discharges, and covenants not to sue Perch Parking, LLC, its officers, members, employees, and agents from all liability for any loss or damage, and any claim or demands on account of injury to person or property or resulting in the death of the User or any third party, whether caused by the negligence of Perch, Lot Owners, or otherwise, while the User is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Perch.
Use of Parking Lots:
5.1. User agrees to use the parking lots listed on the Perch platform solely for parking their vehicles, tailgating, and other allowed activities, complying with all posted rules, regulations, and conduct guidelines set forth by the Lot Owners.
Spot Availability and Booking:
6.1. Perch strives to provide accurate and up-to-date information regarding spot availability on its platform. However, spot availability is subject to change, and Perch does not guarantee the availability of parking spaces at all times.
6.3. If a game is not held due to natural reasons or other unforeseen circumstances leading to its cancellation, Users are entitled to a refund, and Lot Owners are required to revoke their reservations accordingly.
Payment and Refunds:
7.1. Users will be charged upon confirmation of their booking by the Lot Owner.
7.2. Refunds are permitted up to 48 hours before the scheduled game. No refunds will be issued for cancellations made less than 48 hours before the game, unless the game is canceled due to unforeseen circumstances, in which case all Users will receive a full refund.
Indemnification:
8.1. User agrees to indemnify and hold Perch Parking, LLC harmless from any loss, liability, damage, or cost incurred due to the use of parking spaces sourced through Perch's platform, whether caused by the negligence of the User, Lot Owners, or others.
Data Protection:
9.1. Perch Parking, LLC values user privacy. All user data is handled with care and in compliance with applicable data protection laws. For more details, Users are encouraged to review our Privacy Policy.
Dispute Resolution:
10.1. Any disputes arising out of this agreement or use of the Perch platform shall first attempt to be settled through mediation, failing which they shall be referred to the exclusive jurisdiction of the courts in Florida.
Governing Law and Jurisdiction:
11.1. This Agreement shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts in Florida.
By using the Perch Parking, LLC platform to book parking spaces, the User acknowledges that they have read, understood, and agreed to be bound by the terms of this Agreement.