TERMS AND CONDITIONS

BKD Terms and Conditions

By using the website operated by Brett King Design LLC (“BKD”) located at www.brettkingdesign.com, and by engaging with any of BKD’s services, including but not limited to our website, social media pages, email communications, or any other form of interaction with BKD, you agree to these Terms and Conditions. You certify that you are 18 years old or older and are able and competent to give BKD rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.

You acknowledge that you have read, understood, and agree to be bound by all terms governing BKD services and/or product sales as stated below.

BKD reserves the right, at any time and without prior notice, to modify, update, or amend these Terms and Conditions by posting changes on our website or other digital platforms. Such modifications will be effective immediately upon posting. We encourage you to review these Terms and Conditions periodically to stay informed of any updates.

Order Acceptance

All orders placed by you are subject to acceptance by Brett King Design LLC (“BKD”), and all items are subject to availability.

Acknowledgment of your order means that BKD has received your order request; it does not mean that your order has been accepted, shipped, or that the price or availability of an item has been confirmed. BKD may, at its discretion, require additional verification or information before accepting any order.

Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider, or other automatic device, software, process, or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.

BKD Cancellation of Services

BKD reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider, or other automatic device, software, process, or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse. 

We reserve the right, in our sole and absolute discretion, to refuse any such return, to refuse to offer any refund, and/or to charge a restocking fee.

Customization Services

For the purposes of these Terms and Conditions, "Customization" refers to any service that involves the alteration, modification, or decoration of a product to meet specific client preferences, including aesthetic. Customization may include design, production, and application of unique elements that are not part of the standard, pre-made product. All customization work sold to the individual client may be tailored specifically to a client’s requests and cannot be resold or repurposed for another client.

Customization project costs include our customized helmet design service and final production art. Final art production prices will vary based on the design complexity, such as highly detailed patterning, chrome and satin patterns and finishes, number of colors, labor, materials, and/or additional customized parts. If you have a specific budget range within our pricing options, we suggest discussing it at the beginning of the project. Logo design, new designs outside of the discussed scope, and car livery designs are separate services. Revisions to the design graphics after creation will incur an additional cost. Once a request is made, we will calculate the specific cost for the requested revisions and send this for your approval.

Processing time depends on the complexity of the design and art production. Delays in communicating design feedback, scheduling design calls, and/or client-requested design revisions can cause delays in completion dates. Delays in product delivery to the studio or a high demand for BKD orders during peak seasons can also cause longer wait times. We will do our very best to meet your requested timeline, but cannot guarantee any discussed dates or timelines due to the nature of custom service production.

Client Cancellation Policy

If you decide to cancel your project, change your project to another date, or change your mind about your service request, we will credit your Brett King Design customer account for the balance paid minus any services already rendered, shipping costs, or tax and fees. The credit will be valid for use in the service department for 12 months from the cancellation date. There are no refunds or exchanges on custom projects for any reason. All sales are final. Cancellations will not be permitted once the order has  entered production and/ or after the order has been approved by the client for production.

Shipping Policy

All helmet services can be shipped via FedEx Ground or Southwest Cargo and require a signature. We can ship faster and/or add insurance to your shipment if you prefer—please inquire for options. We will send a tracking number to track your delivery. Higher-priced projects may require local Southwest Cargo pickup or a higher insurance amount placed on the shipment. We hold no responsibility for lost, damaged, or stolen packages.

To protect our customers, BKD is unable to change or intercept the shipping address of a package once an order is shipped, and BKD will only ship to the address provided by the client. However, you can schedule a pick-up at a FedEx or Southwest Cargo location, or reschedule a delivery date via their respective services.

Due to our Fraud Protection Policy, all online product orders are required to have identical billing and shipping addresses. To minimize fraudulent transactions, any product orders with different shipping and billing addresses may not be processed after review. We are unable to combine shipping on multiple orders.

All shipping fees, custom duties, and taxes are the responsibility of the client. BKD is not responsible and will not reimburse any duties or taxes resulting from your refusal of delivery or failure to pay additional duties upon arrival.

Lost or Stolen Package

As noted above, Brett King Design LLC (“BKD”) is not responsible for any lost or stolen shipments once they have been handed over to the shipping carrier. If your package does not arrive, please contact us at sales@brettkingdesign.com to initiate a claim with the carrier

Client Consent for Customization and Ownership of Designs

By commissioning Brett King Design LLC (“BKD”) for customization services, you expressly grant permission for BKD to modify, alter, or customize any product purchased, sent, and owned by you. This consent extends to any creative alterations made to the product in accordance with your request.

You understand that the designs, artwork, and all creative elements produced by BKD in connection with your project are the exclusive intellectual property of BKD. As a client, you do not obtain ownership of the design itself, only the final product. You may not reproduce, distribute, or commercially use any design created by BKD without explicit written permission from BKD.

Data Protection and Privacy

BKD is committed to safeguarding your personal information. We collect and use your data only for the purposes of fulfilling orders, processing payments, and communicating with you regarding your project. Your personal information will not be shared with any third parties unless required for the completion of your project (e.g., shipping carriers) or mandated by law.

By engaging with BKD’s services, you consent to the collection and use of your information in accordance with our Privacy Policy. You have the right to request access, correction, or deletion of your personal information at any time. For more details, please review our Privacy Policy.

Racing Products and Customization Requirements

If you need to see or try on the racing products before your customization service begins, they will need to be ordered and received at the studio before scheduled paint production. The product can be shipped to you first and then returned to the paint studio in time for your requested services. Delays in product delivery or product availability can cause delays in service requests and completion dates.

BKD holds no responsibility for any size recommendations or product recommendations—please know your size and your racing series helmet requirements and homologation rules prior to ordering or having any services completed. It is your responsibility to ensure the correct product fit and compatibility for your racing needs.

For any questions or additional information regarding racing product orders, please contact us at: Phone: 702-529-2427 Email: sales@brettkingdesign.com

Product Descriptions and Pricing

BKD endeavors to ensure that all product descriptions, specifications, and pricing on our website and communications are accurate and up to date. However, some details may vary slightly, such as color, material, or appearance. All product dimensions, colors, and other details provided are for reference only, and actual specifications may vary.

Pricing is subject to change without prior notice, and all items are subject to availability. In the event of a pricing error or product description inaccuracy, BKD reserves the right to cancel or modify any order and will promptly notify you if such a situation arises.

Intellectual Property

All designs, artwork, and creative content produced by Brett King Design LLC (“BKD”) are the exclusive intellectual property of BKD. This includes but is not limited to helmet designs, customized products, graphics, and any visual or digital content unless otherwise agreed to.

By engaging BKD’s services, you acknowledge that BKD retains all rights to the intellectual property created, including the right to use, copy, modify, reproduce, publish, and distribute any designs or artwork. These rights are protected by United States copyright law, international copyright treaties, and other relevant intellectual and industrial property laws.

You may not use, copy, reproduce, distribute, or display any of BKD’s intellectual property without prior written consent from BKD. Any unauthorized use of BKD’s designs or content will be pursued to the fullest extent of the law.

Nothing in these Terms and Conditions will be construed to grant you any rights, title, or interest in or to BKD’s intellectual property, except as expressly permitted by BKD in writing.

Disclaimers for Services Rendered

BKD’s customization services are provided on an “as-is” and “as-available” basis. BKD makes no warranties, express or implied, regarding the final product’s performance, appearance, or compliance with any specific standards post-customization.

Governing Law and Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. By engaging with BKD, you agree that any disputes arising from or related to these Terms and Conditions will be resolved exclusively through arbitration, as detailed in our Arbitration Agreement.

In cases where arbitration is not applicable, any legal actions must be brought in the state or federal courts located in Clark County, Nevada. You agree to waive any objection to the venue or forum for such proceedings.

Helmet and Product Alteration Liability Disclaimer

By requesting any product purchased, sent, and/or owned by you to Brett King Design LLC (“BKD”) for customization, you acknowledge and agree that any modifications or customizations may result in the loss of the manufacturer's certifications, such as FIA homologation, Snell, or other safety and regulatory approvals.

You understand and agree that BKD holds no responsibility or liability for any changes made to the helmet or product as a result of customization. It is your responsibility as the owner of the product to be aware of the legal and regulatory requirements governing its use, including any loss of safety certifications, regulatory compliance, or warranty coverage that may result from the requested alterations.

By engaging BKD’s services, you expressly assume full liability for all consequences arising from the customization order and/or customization requests and/or permission for BKD to customize your product, including any regulatory or homologation issues. The responsibility for any and all risks or loss of certification due to these changes is shifted entirely to you as the customer, and BKD is absolved of any further liability in this regard.

Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law

Arbitration Requirement:
Any disputes between you and Brett King Design LLC (“BKD”) must be resolved through binding arbitration, not in court. Arbitration is a less formal process where a neutral arbitrator will make the decision instead of a judge or jury. By agreeing to these Terms and Conditions, you waive the right to take BKD to court for disputes. Arbitration may offer limited discovery (evidence exchange) compared to court cases, and the decision can only be reviewed by a court in limited circumstances.

Class Action Waiver:
You waive the right to participate in or bring any class-action lawsuit against BKD. This means you must pursue any legal claim individually and cannot combine your case with others who may have similar complaints. Furthermore, the arbitrator is prohibited from presiding over any kind of group or class action.

Jury Trial Waiver:
By agreeing to arbitration, you waive your right to a jury trial. This means that instead of a jury of peers deciding your case, the arbitrator alone will resolve it.

Equitable Relief:
You acknowledge and agree that the terms contained in these Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of these Terms and Conditions would give rise to irreparable harm to BKD, for which monetary damages would not constitute an adequate remedy. In addition to any and all other rights that may be available in respect of such breach or threatened breach, BKD will be entitled to immediate injunctive and other equitable relief without any requirement to post bond.

Pre-Arbitration Dispute Resolution:
Any controversy or claim between you and BKD arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms and Conditions (a “Dispute”), will be resolved in accordance with the following process. One party must first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). The Notice must describe the nature and basis of the Dispute and set forth the specific relief sought (the “Demand”). The parties shall first meet and confer by such method as the parties may mutually agree to attempt to resolve the Dispute. The parties shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received. In the event that the Dispute is not resolved by the end of such thirty (30) day period, then either party may commence arbitration.

Arbitration Process

If the parties are unable to resolve a Dispute through the good faith negotiation procedure set forth above, then you and BKD agree that such Dispute will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims arising out of or in any way related to these Terms and Conditions, and your receipt of services from BKD, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

Amendments and Modifications to the Services

Brett King Design LLC (“BKD”) reserves the right to make changes to the information, data, and materials provided on the Services at any time without notice. BKD also reserves the right to modify or discontinue some or all of the Services, or any materials contained or accessible thereon, at any time without prior notice. BKD shall in no way be held liable for any consequence that results from BKD’s decision to modify or discontinue providing the Services or any content or functionality thereof.

Enforcement

If any part of these Terms and Conditions is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The remaining sections will continue to be in full force and effect.

Limitations of Liability

To the extent permitted by applicable law, neither Brett King Design LLC (“BKD”), its partners, licensors, third-party providers, nor any of their affiliates will be liable to you or any third party for any direct, indirect, special, incidental, exemplary, punitive, or consequential damages, even if BKD has been previously advised of the possibility of such damages. These damages may include, but are not limited to, those arising out of or in connection with your use, inability to use, or performance of the services, materials, pages, or content accessible via BKD's services, or any errors, interruptions, omissions, or failures of performance.

BKD, its partners, and third-party providers shall not be responsible for any damages resulting from delays in operation, data loss, file deletion, theft, unauthorized access, or other service failures caused by events beyond their control, such as acts of nature, communication line failures, or cyber incidents.

To the extent permitted by applicable law, BKD’s aggregate liability under this agreement, combined with that of its partners and third-party providers, whether in contract, tort, or otherwise, will not exceed the total amount you paid to BKD for the services. This limitation of liability does not apply to liability arising from gross negligence or willful misconduct.

License for Personal Use

Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with Brett King Design LLC (“BKD”), who, along with its licensors, is the exclusive owner of all rights, title, and interest therein. Except as otherwise expressly provided, all rights are reserved to BKD.

In connection with this license, you may download materials provided that you do not modify or alter the materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.

You may include a link to the BKD website on one or more other websites operated by you, provided such websites link to the homepage (https://brettkingdesign.com/) only and you are not linking from any site or service that violates any of the below Restrictions on Use or that contains malicious code (e.g., viruses, malware, etc.) or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of BKD or any person or entity. Linking to other content within the Services is prohibited without BKD's prior express written consent. This limited license expressly prohibits the framing of BKD content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Brett King Design LLC (“BKD”), its partners, licensors, affiliates, members, officers, directors, managers, employees, agents, contractors, suppliers, providers, successors, and assigns from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including without limitation reasonable attorneys’ fees, disbursements, and court costs, including any incurred in the enforcement of this indemnification provision) arising from or in connection with: (a) your use of the services, materials, content, information, or services contained, displayed, available, or accessible on or from BKD; (b) your violation of these Terms and Conditions; (c) any submission or content you provide to BKD; or (d) your violation of any rights of any third party.

Third-Party Links

The services provided by Brett King Design LLC (“BKD”) may include links or references to third-party websites, mobile applications, services, or materials that are not provided by, related to, or maintained by BKD. BKD has no responsibility for the content, accuracy, or availability of these third-party resources, regardless of whether the link is provided by BKD or a third party. BKD will not be responsible or liable for any damages, injuries, or issues arising from your access to or use of such third-party content.

You are encouraged to review the Terms and Conditions, Privacy Policies, and any other relevant legal documents associated with third-party websites, applications, services, or materials before use.

The presence of any third-party link does not constitute or imply endorsement by BKD or any of its partners or licensors. BKD makes no judgment or warranty with respect to the accuracy, timeliness, or suitability of content available via third-party links.

Assignment

You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of Brett King Design LLC (“BKD”) to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and BKD with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and BKD with respect to such subject matter.

Contact Information

If you have any questions, concerns, or need assistance regarding your order or our services, please contact us at sales@brettkingdesign.com. We strive to respond to all inquiries within 48 business hours.