Escrow Services

BadDog Services & Merchandise, LLC provides escrow services to skydivers who want to use an escrow agent for buying or selling their used skydiving equipment. Here’s how it works.

The buyer and seller agree to use BadDog as the escrow agent in connection with a purchase and sale of used skydiving gear. The buyer and seller each contact us and furnish us with their complete contact information (name, home address, home phone number, cell phone number, fax number, office number, office address, etc.), an indication of whether they are the buyer or the seller (and the name of the other party), a complete description of the terms agreed to (including a description of the skydiving equipment being sold and purchased, the sale price, who is to pay for shipping and insurance (both shipping to the buyer and shipping to the seller if the skydiving equipment is not accepted), the number of days the buyer has to inspect and accept the skydiving equipment, and complete shipping instructions for the seller and for the buyer in the case of a return). If the shipment is not being insured, the parties must agree on which of them will bear the risk of loss or damage while the skydiving equipment is in transit. If there are any discrepancies between the emails received from the buyer and seller, BadDog will notify each of them and they will be responsible for reconciling the discrepancies.

Once BadDog has determined that both parties have agreed to all of the essential terms, BadDog will email escrow instructions to each of the parties.

The buyer will submit payment of the purchase price to BadDog. Either the buyer or the seller (or both if the fee is to be split) will submit payment of BadDog’s fee to BadDog. All payments submitted to BadDog will be by cashier’s check or money order.

Once BadDog has verified receipt of the payment(s), BadDog will notify both parties and the seller will ship the skydiving equipment to the buyer. The seller must deliver the skydiving equipment directly to the buyer, at the address specified in the escrow instructions. The seller shall use a delivery service that provides a confirmation of delivery. The seller will submit tracking information to both the buyer and to BadDog as soon as the skydiving equipment has been shipped. In the event BadDog does not receive notice of shipment from the seller within ten (10) calendar days of notification from BadDog to ship the skydiving equipment, BadDog is authorized to return the escrowed funds (minus the escrow fee and expenses) to the buyer.

As soon as the buyer receives the skydiving equipment, the buyer will notify both the seller and BadDog. The buyer will then have the agreed-upon number of days to inspect the skydiving equipment and to accept or return it to the seller. If the buyer elects to return the skydiving equipment, the buyer must immediately so notify both the seller and BadDog. If the buyer does not so notify the seller and BadDog within the inspection period agreed to, the buyer will be deemed to have accepted the skydiving equipment and will not have the option of returning it to the seller after the expiration of the inspection period. In the event of a return of the skydiving equipment by the buyer, the seller shall notify BadDog of the receipt of the returned skydiving equipment. Upon receipt of such notice from the seller, the seller will have five (5) days to inspect the returned skydiving equipment. BadDog will remit the escrowed funds (minus the escrow fee and expenses) to the buyer once the seller accepts the returned skydiving equipment or fails to act within the inspection period. If the seller does not receive the returned skydiving equipment or if the seller notifies BadDog of the seller’s rejection of any of the returned skydiving equipment within the seller's inspection period, then BadDog will retain the escrow funds pending a resolution of the dispute.

Once the buyer has accepted the skydiving equipment, BadDog will pay the seller by check sent via regular mail. If the seller wants to have a check sent via overnight courier or wants to have funds wired to his domestic bank account, there will be an additional charge. Wire transfers will not be made to foreign bank accounts.

BadDog’s fee for acting as escrow agent is 10.00% of the selling price, excluding shipping and insurance.

Escrowed funds do not earn interest for either the buyer or the seller.

BadDog is obligated to perform only those duties expressly agreed to by BadDog. BadDog will not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations below). BadDog will be entitled to rely on any email, letter, or other document or communication that it believes in good faith to have been transmitted by or on behalf of one of the parties and shall have no duty to make any further inquiry or investigation. If BadDog is uncertain as to its duties or rights, receives any instruction, demand, or notice that, in its opinion, is in conflict with any of the agreements reached by the parties, or any dispute arises with respect to such agreements or the escrowed funds, BadDog may (i) consult with counsel of its choice and any actions taken or not taken based upon advice of counsel will be deemed consented to by both the buyer and the seller, (ii) refrain from taking any action other than to retain the funds held in escrow for delivery in accordance with the written agreement of the buyer and seller or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge its duties by depositing all escrowed funds (minus its fee and expenses) with a court of competent jurisdiction.

BadDog may, at any time, give notice of its intent to resign as escrow agent. If, within ten (10) days of such notice, BadDog has not received notice from both parties that they have designated a substitute escrow agent (which notice shall identify the substitute escrow agent and set forth instructions for the transfer of the escrowed funds to the substitute escrow agent), BadDog may discharge its duties by depositing all escrowed funds (minus its fee and expenses) with a court of competent jurisdiction. If an alternate escrow agent is so designated, BadDog shall be discharged from its duties by delivering all escrowed funds (minus its fee and expenses) to such person or entity. Upon payment of the escrowed funds, minus its fee and expenses, BadDog shall be fully released from any and all liability and obligations with respect to the escrowed funds.

If a transaction cannot be completed for any reason, such as because the seller has failed to provide a tracking or reference number or has failed to deliver the skydiving equipment, or because the escrowed funds or BadDog's fee has not been received, BadDog will notify the buyer and seller by email, using the email address each has provided to BadDog. BadDog may cancel any transaction if the buyer and seller fail to agree on the terms or if either one of them breaches the agreement.

Once paid, escrow fees and expenses are nonrefundable. BadDog is not responsible for the payment of any sales, use, personal property, or other governmental tax or levy imposed on any of the skydiving equipment purchased or sold or otherwise arising from the transaction.

The buyer and seller expressly agree that their use of the escrow services of BadDog is at their sole risk. The escrow services are provided on a strictly "as is" and "as available" basis. BADDOG MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY SKYDIVING EQUIPMENT OBTAINED THROUGH THE USE OF THE ESCROW SERVICES, THAT THE ESCROW SERVICES WILL MEET THE SELLER’S OR THE BUYER’S REQUIREMENTS, OR THAT THE ESCROW SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.

BadDog expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BadDog shall not be liable or responsible for any guarantees, warranties, or representations offered by the seller. No advice or information, whether oral or written, obtained from BadDog will be deemed to create any implied guarantee, warranty, or representation.

BadDog does not assume responsibility or liability for any material contained on any third party's web site, for any infringement of third party intellectual property rights arising therefrom, or for any fraud or other crime facilitated thereby. In no event will BadDog be liable for any act or omission of any third party, including, but not limited to, any financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access, or computer equipment or software, any mail or delivery service, or any payment or clearing house system, or for any circumstances beyond its control (including, but not limited to, fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

BADDOG WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE USE OF ITS ESCROW SERVICES.

The buyer and seller agree to pay all costs and expenses (including reasonable attorneys' fees) that BadDog may incur in order to collect any amounts owed to it.

BadDog reserves the right to change these terms and conditions, or any portion thereof, at any time, without prior notice, provided that no such change will apply to a transaction once the parties to that transaction have agreed to the escrow instructions provided by BadDog.

Notices may be given by email, by regular mail, or by general posting on BadDog’s web site.

The buyer and seller agree to indemnify and hold BadDog and its officers, directors, members, shareholders, employees, and agents harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees and court costs, arising from or relating to their use of BadDog’s escrow services or any violation of the agreements they are parties to, the rules contained on this web site, or the escrow instructions, including, without limitation, payment of BadDog’s fees and expenses and any charge backs from a credit card organization or any reversal or nonpayment of any credit or debit entry.

If any dispute, claim, question, or disagreement arises relating to the proposed transaction, the buyer and seller agree to resolve the same at no expense to BadDog.

The agreement among the buyer, the seller, and BadDog for escrow services will be deemed to have been entered into in, and will be governed by the internal laws of, the state of Ohio.

If any of these provisions is held to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Any failure to exercise or enforce any right shall not constitute a waiver of such right unless acknowledged and agreed to by BadDog in writing.