Please carefully read all the terms and conditions of this contract detailed below before booking a getaway with Gather + Getaway (hereinafter, “Company”). For and in consideration for being permitted to participate in the getaway you have selected with Company (the “Gather + Getaway”), you agree to accept and be bound by the terms and conditions set forth herein.
In order to book your place on a getaway you are required to read, agree and sign this document and return to firstname.lastname@example.org
1. TRIP DETAILS
Details for the trip, such as information about the destination, accommodations, departure and return dates, any included meals, any included transportation, and payment details and due dates can be found on the Company’s website gatherandgetaway.com (the “Website”). PLEASE READ AND ENSURE YOU UNDERSTAND THE GETAWAY DETAILS AND POLICIES DETAILED HEREIN PRIOR TO BOOKING.
2. REGISTRATION REQUIREMENT 1.1
To reserve a spot for the trip, you must complete the application form online . If you are accepted, a non-refundable deposit of US $650 will be required to reserve your spot .The remaining balance will be due 1 month prior to the start date of the trip. An invoice will be provided with payment options.
2. REGISTRATION REQUIREMENT 1.2
As part of your enrollment in the blogging trip, you will be asked to produce coverage featuring partners outlined in the final itinerary. The coverage is not limited to blog posts and social media posts alike. The itinerary and partners are subject to change.
3. CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION
After the Company receives your Deposit you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Deposit. Thereafter, we may send you, and you consent to receive, correspondence related to Gather + Getaway, including the itinerary for the trip. Such itinerary is subject to change and Company expressly reserves the right to modify the itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control (see also Section 7 below).
4. PAYMENT TERMS
a) Total Payment. The Total Payment is due in full 1 month prior to the start date of the trip (the “Payment Due Date”). If company does not receive your total payment on or before the payment due date, the company may cancel your reservation. The full payment is non-refundable and non-transferable to a different getaway or trip.
b) Deposit. Your Deposit is non-refundable and non-transferable to a different trip. You may request to have your deposit applied to another participant’s registration for the same Getaway prior to the Payment Due Date.
5. PASSPORT, VISA AND RELATED ITEMS
You are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. you will visit during the trip. Company is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation.
6. TRAVEL INSURANCE
You are responsible for obtaining your own travel insurance cover. We require that you purchase travel insurance at the point of booking your spot on a Gather + Getaway trip. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the trip with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance. Company is not responsible for any Losses you incur and/or sustain. You are responsible to ensure that your personal travel insurance covers you for any and all activities that form part of the itinerary of the getaway that you are booking.
7. CHANGES OR CANCELLATION
7.1. Changes. Company reserves the right to make changes to any and all aspects of the trip (which may include without limitation changes to the types and/or timing of activities available during the Getaway, items and/or services included with the trip, accommodation, meals, the hosts of the trip, the itinerary, and/or the nature of the Getaway Classes) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the trip or any portion of the trip, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the trip.
7.2.1. By Company. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts paid (including the deposit). Company further reserves the right to cancel the Getaway prior to the Departure Date in the event an insufficient number of registrants are confirmed for the Getaway or for any other commercial reason in Company’s sole discretion and, in such an event, you will receive a full refund of the amount you remitted to Company, but in no event will Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
7.2.2. By You. All cancellations by you must be in writing and emailed to Company at the contact email address specified on the Website (email@example.com). If cancellation takes place prior to the Payment Due Date, any payments made by you will be refunded, except your non-refundable Deposit. If cancellation takes place after Payment Due Date, you forfeit the entire amount remitted to Company.
7.2.3. Effect of Changes or Cancellation. In the event of any change or cancellation under this Section 7, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part, except as expressly provided in Section 7.2) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
8. PHOTOS, VIDEO, OTHER MEDIA RELEASE
By and in consideration for being permitted to participate in the trip, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Getaway (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
9. DOCUMENTS AND INTELLECTUAL PROPERTY
You agree that you will not distribute, copy, replicate or use any of the online, written or downloadable content and educational materials provided to you in advance of, during or after the getaway. You agree that the content provided to you is for your own personal use and you will not distribute the materials or content to anyone who did not attend the getaway. You agree that you will not copy or publish any of the content provided to you on your own website, blog, or for your own educational course, class or similar.
All documents, presentations, eBooks and getaway information provided to you as part of the getaway is copy written and parts thereof may not be reproduced in any form, stored in any retrieval system, or transmitted in any form by any means-electronic, mechanical, photocopy, recording, or otherwise-without prior written permission of the publisher, except as provided by United Kingdom copyright law.
10. VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY
You acknowledge that you are voluntarily participating in the trip with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, climbing, swimming, jumping, surfing, yoga, Getaway Classes, and various other exercises or physical activity (“Physical Activity”). You acknowledge that you are fully aware of the risks and hazards connected with participation in the trip and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the trip. All activities are optional and if you do not want to participate in an activity you are not required to. The Company is not responsible for providing an alternative activity for you if you choose not to participate. You are responsible for obtaining personal travel insurance to cover the activities of the getaway. See Section 6.
11. HEALTH AND FITNESS ELIGIBILITY
You represent that you are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the trip. You further represent that you do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the trip, including any Physical Activities. You have consulted with your physician and your physician has authorised you to participate in the trip, including any Physical Activities. You will discuss and address any questions or concerns you may have about your physical or mental health with the appropriate health care professional prior to the Departure Date. Documentation from your physician confirming your clearance to participate in the Getaway can be provided upon request. If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Getaway, you will cease participation in the same and seek appropriate medical attention. YOU ARE HEREBY ADVISED THAT THE TRIP MAY TAKE PLACE IN REMOTE AREAS WHERE THERE IS LITTLE OR NO ACCESS TO TRADITIONAL MEDICAL SERVICES OR HOSPITAL FACILITIES FOR SERIOUS HEALTH ISSUES (OR YOUR PARTICULAR HEALTH ISSUES). YOU ARE FURTHER ADVISED THAT ANY MEDICAL OR EVACUATION EXPENSES WILL BE YOUR SOLE RESPONSIBILITY. As a result, we require that you purchase travel insurance with appropriate coverage for your needs. See Section 6. We reserve the right in our sole discretion to refuse your participation in the trip, any Trip Classes, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the trip or any related activities at any time to individuals demonstrating behaviour that may result in injury to themselves or others.
12. ASSUMPTION OF RISK
You understand that serious accidents may occur during Physical Activities, including without limitation to Trip Classes, and that participants can sustain fatal and/or serious personal injury. As stated above, the trip may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. You may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in your country of residence. It is your own responsibility to familiarise yourself with all possible relevant travel information in connection with your participation in the trip. Understanding and in full consideration of the foregoing, you agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including Getaway Classes) which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during your participation in the Getaway. You acknowledge that your decision to participate in the getaway is made in full consideration of the foregoing information and that you solely and exclusively assume the risks involved with participating in the getaway. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE GETAWAY.
In the event you are injured while participating in the trip, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that IN NO EVENT SHALL COMPANY AND/OR ANY COMPANY PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF YOUR PARTICIPATION IN THE TRIP.
14. WAIVER OF LIABILITY AND RELEASE
In consideration for participating in the getaway, YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE COMPANY, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (each a “company party” and collectively, the “company parties”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE TRIP AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You have been advised and requested to obtain travel insurance at the point of booking your place on a getaway to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Trip. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Trip.
You further hereby agree to indemnify and hold harmless the company parties from any and all liabilities (including without limitation court costs and attorney’s fees) that one or more of the company parties may incur as a result of your participation in the getaway, whether caused by the negligence of any company party or otherwise (but excluding any gross negligence or wilful misconduct of a company party), to the fullest extent allowed by applicable law.
16. BINDING EFFECT
It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.
17.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.
17.2. Force Majeure. If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, company will be under no liability whatsoever to you and may, at company’s sole discretion, by written notice to you, either cancel the getaway or take any other reasonable action. Under such circumstances you will not be eligible for a refund of any amounts paid to the Company for the getaway, and in no event will the Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
17.3. Choice of Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with US law and shall be subject to the exclusive jurisdiction of the US Courts.
17.4. Interpretation. You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
17.5. Severability. If any portion(s) of this document is/are held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portion(s) shall be interpreted and/or reformed without further action of the parties hereto to render them valid and enforceable when applied to the facts at issue and the lawfulness, validity, and enforceability of such provision(s) as applied to any other facts, and the lawfulness, validity, or enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby.
17.6. Waiver. The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.
17.7. Headings. The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.
18. TRIP PARTNERS
If the getaway that you are booking is organised by a partner company you are required to read and agree to the Terms & Conditions of the partner company at the point of booking. These Terms & Conditions will be provided to you by the partner company and can also be made available to you upon request.
19. YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE GETAWAY, AND ACKNOWLEDGE THAT THIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LIABILITY, WHICH CREATES A CONTRACT BETWEEN YOU AND COMPANY. BY YOUR PAYMENT AND PARTICIPATION IN THE GETAWAY, IT IS YOUR INTENTION TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LIABILITY UPON YOURSELF, TO THE EXCLUSION OF COMPANY AND ALL COMPANY PARTIES, AND TO EXEMPT COMPANY AND ALL COMPANY PARTIES FROM LIABILITY FOR, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR ANY OTHER LIABILITIES.