Ultimate Trinidad Carnival
Waiver and Release
Please review BEFORE registering to travel with us
Contact us if you have any questions
Participant Waiver and Release Agreement
In consideration of partaking in the travel event and activities (“the “Activities”) hosted and planned by Events by Ashe, LLC (the “Company”), I agree as follows:
– I am aware and understand that the Activities can be dangerous and involve the risk of serious injury, death and/or property damage.
– I acknowledge that any injuries that I may sustain may be compounded by negligent emergency response or rescue operations of the Company or a third party.
– I acknowledge that I am voluntarily participating in the Activities with the knowledge of the danger involved and agree to accept and assume any and all risks of injury, death and property damage whether caused by the negligence of the Company or otherwise.
– I expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company and its members, officers, employees, agents, successors and assigns (the “Releasees”) on account of injury, death and property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise.
– I agree not to make or bring any such claim against the Company or any Releasees.I will defend, indemnify and hold harmless the Company and the Releasees against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other costs of enforcing this Waiver and Release).
I grant to the Company the following irrevocable rights:
– The right to record my voice and image, by any technology or means, while participating in the Activities;
– The right to copy, use, publicly display, reproduce and distribute the recordings and images on the Company’s website and in marketing and promotional materials (of any technology or means) for use by the Company; and
– The right, title and interest, including any and all copyright, I may have in the recordings or images.
– I agree that I will not receive any compensation or remuneration whatsoever, now or in the future, from the Company or the Releasees in connection with any recording or image taken of me, by any technology or means, while participating in the Activities.
The Company will not be liable or responsible, nor will it be deemed to have defaulted or breached its commitment to provide you with the Activities, for any failure, change or delay in fulfilling or performing the Activities, when such failure, change or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation, acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the planned date of the Activities; national or regional emergencies; strikes, labor stoppages or slowdowns or other industrial disturbances; shortage or malfunction of adequate power or telecommunications or transportation operations; any other event which is beyond the reasonable control of the Company.
In the event that I cancel my participation in the Activities, I understand that the Company’s refund policy is as follows:
If I provide written notice to the Company of my cancellation:
– On or before June 30, 2021, I will receive a refund of 75% of the payment I made for the Activities;
– Between July 1, 2021 and November 29, 2021, I will receive a refund of 50% of the payment I made for the Activities; or
– On or after November 30, 2021, I will not receive a refund in any amount.
– The refund amount is based upon the sale price of the Activities and does not include any transaction or other related fees.
– Should my account not be in good standing (i.e. 1 missed payment or more), I am not eligible for refund payments of ANY amount.
In the event that I would like to transfer my participation in the Activities to another individual, the Company may, but it not required to allow me to do so. If the Company approves of the transfer, the following requirements will apply:
– I must comply with any requirements identified by the Company at the time of transfer, including, but not limited to completed a transfer form provided by the Company;
– The transferee must complete all required Company paperwork, including, but not limited to, his or her agreement to this Waiver and Release and an agreement to provide any additional required payment;
– If the transfer is fully completed before August 31, 2021, then the Company should be able to adjust any costume measurements to conform to the transferee. The Company will do its best to accommodate this costume transition. However, I understand that if the transfer is fully completed following August 31, 2021, the transferee will be provided with the costume using my measurements.
Force Majeure Clause:
1. The Company shall not be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as contagious disease epidemics, or explosion(s),; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law, such as travel restrictions or mandated quarantines; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; and (h) other similar events occurring in the destination country beyond the reasonable control of the Company impacted by the Force Majeure Event.
2. The Company shall give notice within 180 days of the Force Majeure Event to the other party of this agreement, stating the period the occurrence is expected to continue and the recourse of actions the Company intends to employ.
3. Refunds. At the time of notice from the Company of the Force Majeure Event, the Company will assess if any refunds will be issued to the travelers at that time. Any refunds distributed will not exceed 75% of the amount of payments received for the Activities of the travel event thus far. Any payment deemed nonrefundable by the Company, will be treated as a credit. The credit can be used and applied towards future travel events hosted by the Company.
In the case that the Force Majeure Event has ended, but as a result, has caused the travel event to be commercially impracticable for the Company to continue for reasons such as low registration or unanticipated spike of the cost of the Activities or the travel event, the Company will assess the refund policy it will employ and notify the travelers at that time.
In assessing if any refunds will be issued, the Company will consider the following factors: 1) whether the Company has incurred expenses or expended money for the Activities of the travel event; 2) the inflation of the cost of expenses due to the Force Majeure Event; 3) economic disruptions caused by the Force Majeure Event; 4) low registration of the travel event due to the Force Majeure Event; 5) any agreements with third party vendors that the Company is contractually obligated to fulfill notwithstanding the Force Majeure Event, and 6) other financial considerations that may be implicated as of a result of the Force Majeure Event.
4. Discontinuation of Payments. In the case that the Force Majeure Event is expected to cause a cancellation of the travel event, the traveler will not be required to render anymore payments to the Company for the cancelled travel event until after the Force Majeure Event has ended and 30 days after the traveler receives the rescheduled date of the travel event.
The Company represents and warrants that it will provide the Activities using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. Except for this warranty, the Company makes no warranty whatsoever with respect to its services. In the event that I am unsatisfied with the Activities, I understand that the Company may, in its sole discretion, either re-perform its services (or the alleged defective part) or refund the price of the Activities (or the alleged defective part); however, this remedy will be my sole and exclusive remedy and the Company’s entire liability for any breach of the limited warranty described in this Agreement.
This Waiver and Release is binding on and inures to the benefits of the Company and me and our respective successors and assigns.
All matters arising out of or relating to this Waiver and Release will be governed and construed by the laws of the State of North Carolina, United States. Any claim or cause of action arising under this Waiver and Release may be brought only in the federal and state courts located in Durham, Durham County, North Carolina, United States.
BY SIGNING THIS AGREEMENT:
– I WARRANT THAT I HAVE FULLY READ THIS LIABILITY WAIVER AND RELEASE;
– I UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT;
– I AM SIGNING THE WAIVER AND RELEASE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT;
– I INTEND FOR THE ACT OF CHECKING THE BOX BELOW TO SERVE AS MY ELECTRONIC SIGNATURE WHICH WILL HAVE THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE; AND
– I AM OVER THE AGE OF 18 AND CAN LEGALLY CONSENT TO THIS WAIVER AND RELEASE.