I, the applicant (referenced as "I" throughout this Agreement), am applying for a credit line and marker privileges from the Angel of the Winds Casino, wholly owned by the Stillaguamish Tribe of Indians, a federally recognized Tribe ("AOTW" and "Tribe", respectively), and agree to the terms and conditions set forth in this Customer Agreement and Authorization ("Agreement").
I Authorize AOTW and its Agents to Investigate My Creditworthiness. I authorize AOTW, and its agents, to: (a) investigate and to verify the information that I have provided; (b) review and analyze my credit, employment, bank, and gaming history; (c) furnish information concerning my credit application and any credit extended by AOTW to me to credit reporting; and (d) take other steps consistent with the investigation and verification of my financial resources and financial responsibility. I agree not to hold AOTW or any agent, employee, representative or affiliate responsible or liable for use or exchange of this information, to the fullest extent permitted by law.
I Represent and Warrant my Application Information is True and Accurate.
By signing below, I represent and warrant as of the effective date of this Agreement that the information I provided in my application is true and accurate, that I have not omitted or concealed any material information, and that I am not insolvent or contemplating bankruptcy, and no such proceeding has been instituted or threatened against me. I understand that if I omit material information or provide false or inaccurate information on my application, I may be subject to civil remedies or criminal penalties. I understand I am providing information in my application as an inducement to AOTW to grant me credit or marker privileges.
I Represent the Following Each Time I Sign a Marker. I have provided certain information to AOTW in my application about my bank accounts ("Accounts"), which I agree is current and accurate each time I request Casino Credit. I represent that each time I sign a Marker:1) I am an authorized signatory with the authority to write checks and withdraw funds, without restriction or limitation, on the Accounts; 2) I have sufficient funds on deposit in my Accounts to pay such Marker upon demand; 3) that I have the intent and legal ability to pay the Marker from my Accounts; and 4) that there is no legal prohibition that would prevent me or my financial institution from paying the Marker from the Accounts.
I Understand the Consequences if My Marker is Dishonored by My Financial Institution.
I understand that if my Marker is dishonored by my financial institution for any reason, including because of insufficient funds in the Accounts, because one or more of the Accounts is closed, because of a stop-payment order, or for any other reason, I may be exposed to criminal penalties in addition to any civil remedies (as further described below).
I Authorize AOTW as my Attorney-In-Fact. I hereby authorize AOTW, as my attorney-in-fact, to complete any of the following missing information on any Marker executed by me: 1) name of payee, 2) any missing amounts reflecting the Casino Credit extended to me, 3) date, 4) name, account number, routing number, and/or address of any bank or financial institution where I maintain an account, 5) electronic encoding of the above, and 6) any other information not prohibited by law. The information inserted may be for any account from which I now 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 to AOTW.
I Agree to Use my Casino Credit only for Gaming at AOTW. I understand that in exchange for my Marker, Casino Credit instrument, check, or other obligation to pay (collectively, "Marker"), AOTW may provide me with chips and/or cash (collectively "Casino Credit"), I agree that I must use Casino Credit only on gaming and gaming services at AOTW. I understand that if I use Casino Credit for any other purpose then AOTW may immediately terminate my line of credit.
I Agree to Repay Any and All Casino Credit Extended to me by AOTW. I agree that any Marker signed by me constitutes a debt to AOTW and may be negotiated by AOTW and presented for payment in the same manner as a check. I agree that I am responsible for the repayment of any and all credit that is extended to me by AOTW. I agree to pay any and all invoices, charges, fees, and costs which I, the authorized person, incurred on my account. I Understand and Agree to the Grace Periods for Repayment of a Marker. I agree to the following Grace Periods for repayment of a Marker ("Grace Periods"). I understand AOTW will not charge me prejudgment interest if I repay a Marker in accordance with the Grace Periods:
| Amount Owed | Time Allowed From Marker Issuance |
|---|
| $1,000 or less | 7 Calendar Days |
| $1,001 - $5,000 | 14 Calendar Days |
| $5,001 and above | 45 Calendar Days |
I understand and agree the Grace Periods do not apply if I have breached any provision of this Agreement.
I UNDERSTAND THAT REPAYMENT DEADLINES WILL NOT EXCEED NINETY DAYS FROM THE DATE OF THE EXTENSION OF CREDIT IN ACCORDANCE WITH APPENDIX E 4.1.9.1.
AOTW'S RESERVATION OF RIGHTS AND REMEDIES TO COLLECT DEBT
For purposes of this Agreement, I understand a "Debt(s)" means any Marker that I do not pay within the Grace Period described above.
I UNDERSTAND AND AGREE THAT AOTW HAS, IN ITS SOLE DISCRETION, THE RIGHT TO REVOKE ANY CREDIT EXTENDED TO ME AT ANY TIME, AND TO TAKE ANY ACTION TO COLLECT ANY DEBT OWED BY ME, INCLUDING ENGAGING AN ATTORNEY OR DEBT COLLECTOR.
I Authorize AOTW to Collect all Costs and Attorney Fees related to Debt Collection. I authorize AOTW to collect the costs and attorney's fees incurred in connection with efforts to collect any Debt owed by me, including debt collector costs, together with prejudgment interest, and any other applicable fees or charges disclosed by AOTW in its current schedule of applicable fees (available upon request). I understand and agree AOTW or its agents/representatives may charge and collect, without prior notice, prejudgment interest on any unpaid Debt from the earlier of the date Casino Credit is extended or the date I executed a Marker.
I UNDERSTAND AND AGREE AOTW WILL APPLY GAME WINNINGS TOWARDS MY DEBT. I AUTHORIZE AOTW TO APPLY, SUSPEND OR CUT-OFF ANY GAME WINNINGS, CHIPS, JACKPOTS, PRIZES, OR COMPLIMENTARIES EXTENDED TO ME AGAINST ANY DEBTS OWED BY ME, INCLUDING INTEREST AND THE COSTS OF COLLECTION THEREOF.
GENERAL TERMS AND CONDITIONS
No Waiver of Sovereign Immunity. Nothing contained in this Agreement is a waiver of AOTW or the Tribe's sovereign immunity, which is hereby expressly retained.
Choice of Law. I understand that AOTW is authorized under applicable laws, including Stillaguamish Tribal law, to operate as a gaming facility and that this extension of credit hereunder shall be governed by, construed, and enforced in accordance with the laws of the Tribe.
Dispute Resolution. I ACKNOWLEDGE AND AGREE THAT AOTW MAY INSTITUTE ANY SUIT RELATING IN ANY WAY TO THIS AGREEMENT OR AOTW'S EXTENSION OF CREDIT TO ME HEREUNDER IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING, WITHOUT LIMITATION ALL COURTS IN THE STATE OF WASHINGTON, WHICH I ACKNOWLEDGE AND AGREE SHALL HAVE PERSONAL JURISDICTION OVER ME FOR ANY LITIGATION ASSOCIATED OR RELATED TO THIS AGREEMENT OR THE EXTENSION OF CREDIT HEREUNDER.
CUSTOMER WAIVER OF RIGHTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE ANY RIGHTS I MAY HAVE TO REQUIRE PRESENTMENT, OR TO NOTICE AND/OR HEARING PRIOR TO THE EXERCISE BY AOTW OF ANY AND ALL REMEDIES.
Amendments. I understand that I may not alter the terms of this Agreement in any way.
NO ORAL AGREEMENTS. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER APPLICABLE LAW.
The Parties, intending to be legally bound, have executed and delivered this Agreement.
THIS AGREEMENT CONTAINS A WAIVER OF RIGHTS, I ACKNOWLEDGE I CAREFULLY READ AND FULLY UNDERSTAND ALL ASPECTS OF THIS AGREEEMENT AND HAVE NOT RELIED ON ANY REPRESENTATIONS OR STATEMENT NOT SET FORTH IN THIS AGREEMENT OR MADE BY AOTW OR ITS REPRESENTATIVES.
