(As of 4/2021)

 

 

Recitals

 

A. The ticket holder and/or purchaser desires to participate in a Travel Sister LLC Event (the Event)

 

B. In consideration for and as a condition to applying for, and participating in, the Event, the ticket holder and/or purchaser of any event ticket has agreed to all Terms and Conditions and to execute this Release of Liability and Assumption of All Risks (the “Release”).

 

Terms and Conditions

 

1. The Terms and Conditions in this document, hereafter referred to as "Agreement," (are between Travel Sister LLC hereafter referred to as "Company," and the named participant in "Agreement," hereafter referred to as "Guest”.

 

2. Agreement by Company and Guest shall not constitute the creation, conveyance, transference, conference, or otherwise granting of any rights, authority, ownership, or license to Guest by Company. 

 

3. Guest Responsibility. The Guest understands that Company, its agents, employees, and contractors, reserve(s) the right to terminate, in the sole discretion of the Event leaders, the Event for any participant that exhibits behavior inappropriate or distasteful, or that may affect the safety of themselves or others. If the Guest is asked to leave the Event for any reason, any and all costs or expenses of in any manner of any kind or nature whatsoever related to such termination will be the sole responsibility of the Guest and Company will not refund any monies previously paid to Company for or relating to the Event to the Guest.

 

4 Delays and Losses. The Guest understands that the Company, its employees, agents, or contractors, assume neither responsibility nor liability in whole or in part in any way whatsoever for any delays.  The Company is neither responsible nor liable for any loss or damage to personal property, nor for any loss, damage, delay, illness, fatality or other injury suffered on or associated with the Event.  Guest safety and personal effects are at the own risk of the Guest at all times and Guest acknowledges and expressly and voluntarily assumes, such risk.

 

5. Reservations and Payments. The Guest must be at least 18 years of age to make a reservation for any Event. Reservations and payment for events will be processed through the Eventbrite platform or direct payment to Travel Sister LLC through cash, check. or bank transfer.

 

6. Cancellations, Refunds, and Transfers. Guest understands that if he or she must cancel his or her reservation for an Event, they must provide notification of the cancellation to the Company 24-hours prior to the event. No refunds will be made. The Company is not responsible for Guest expenses incurred in the preparation of any canceled event. There is no refund, adjustment, or offset whatsoever for a Guest who arrives or joins the Event late or leaving leaves the Event early for any reason. Event tickets may in some instances be transferrable from Guest to another interested party. Ticket transfers must be approved by the Company and no later than 24-hours prior to the event. All reimbursements and logistical arrangements related to ticket transfers will be the sole responsibility of the original Guest purchasing the Event ticket. Guest further agrees to make the recipient of the Event ticket transfer aware of the Terms and Conditions set forth in this document. The Company also reserves the right to decline to accept or retain any person Guest as a member of any activity at its own sole and absolute discretion. If the Company initiates the cancellation, Company will refund all payments due to Guest.

 

7. Marketing. Company is granted the right to take photographs, record videos, and/or use social media posts of Guest or create social media posts including Guest in conjunction with the Event or activities hosted by Company before, during, and after such Event and activities. Guest authorizes Company, its employees, contractors, assignees, transferees, agents, and any other third parties working on Company's behalf, to copyright, use, and publish the photographs, videos, and social media posts in print and/or electronically and further agrees to be included in future Company email communications with the option to unsubscribe at any time for any reason. Company may use videos, photographs, or social media posts of Guest with or without Guest’s name and for any lawful purpose, including for example, publicity, illustration, information, advertising, promotion, fund-raising, and social media/internet content. Guest expressly releases Company from any reasonable expectation of privacy or confidentiality associated with all such content. Guest acknowledges they that he or she does not expect, and will not receive, financial compensation of any kind or nature whatsoever associated with his or her likeness, the use thereof and/or the taking, publication, or other use of such photographs, videos, and social media posts. Guest further releases Company, its employees, contractors, assignees, transferees, and any third parties acting on Company's behalf from any liability or claims of any kind or nature whatsoever by Guest or any representative of Guest, associated with such content or Company's use of such content. 

 

8. Independent Vendors / Event Outcomes. Guest understands that Company offers travel services, tours, events, and activities to Guest, which are often provided by separate and independent vendors. Company does not operate, control, or otherwise provide the services of these vendors. Company does not own or manage any transportation vehicles, hotels, caterers, boutiques, or restaurants, or any other supplier thereof.  Therefore guest understands and agrees that Company has no control over such independent vendors. Guest hereby fully releases and discharges Company shall be in no part held liable from any liability of any kind or nature whatsoever for any acts, omissions, failures, delays, defaults, losses, damages, or injury to Guest or any resulting claims or damages arising as a result of the persons or companies who at the request of the Company provides the Company transport, accommodation, entertainment, or similar services or facilities to Guest as part of the Event. Further, Company does not and cannot guarantee a certain outcome or a particular result in conjunction with the Event or activities arranged by Company. While Company will use its best reasonable professional efforts to provide Guest quality experiences through the use of said vendors on the Event, Company makes no promise, warranty, or guarantee, either express or implied, as to a specific outcome or result, or the expectation, perspective, or experience of Event. The Company also reserves the right to amend or vary the itinerary or other services nominated in the event or activity outline/lineup should circumstances warrant or that such changes would be in the best interest of participants Guest or for any other operational reason in Company's sole and exclusive discretion.

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9. Guest Safety. Guest understands and expressly agrees that his or her safety is primarily their Guest’s own responsibility. Guest agrees to make sure that they, he or she knows how to safely participate in activities and agrees to observe any rules and practices that may be employed to minimize the risk of injury. Guest agrees to stop and seek assistance if they do not believe they can safely continue participation in any tour, event, or activity, and to limit his or her own participation in any tour, event, or activity to reflect their personal health and fitness level, and to refrain from any and all actions that would pose a hazard to Guest or others. Guest understands that, as with any physical activities, they, he, or she should check with their doctor to verify if they are medically able to participate in any scheduled trip, tour, event, or activities and to refrain from participation in any part of the event which Guest knows, or has reason to know, he or she is physically or medically unable participate. By purchasing /holding a ticket to any event, Guest acknowledges that they have checked with their doctor and been cleared for any activities that the Guest shall participate in. Guest agrees that in the case of injury or illness the Company can, at a cost to the participant, typically through their travel insurance company, arrange medical treatment and emergency evacuation service, as the Company deems essential for the Guest's safety.  Guest hereby agrees to pay any and all fees, costs, and charges associated with such medical treatment or emergency evacuation.

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Dietary Restrictions. Guest assumes all risk for items consumed at Events. Every effort will be made to offer a variety of menu options, but individual food allergies or intolerances will not be considered by the Company when selecting a menu. Guest is solely responsible for their health and well-being and if concerned will make inquiries into ingredients and/or refrain from consuming items that will cause illness or physical distress.

 

Regarding COVID 19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, including individuals without disease symptoms.

 

The health and well-being of our attendees, partners, and staff remain our top priority. In order to minimize the risk of COVID-19 entering and spreading amongst our community, we will adhere to the following protocols:

 

If we observe any event attendee, employee, staff member, or event partner exhibiting obvious symptoms of illness (including but not limited to coughing, runny nose sneezing), they will be politely asked to leave to the event. It is possible the event may be terminated early and rescheduled if it is deemed necessary to protect the health and well-being of those in attendance.

 

Current event attendee capacity will be determined by the ability of a venue to maintain social distances of 6 feet between guests. Event capacity will not exceed 50 guests unless specifically communicated to guests in advance and only if expanded capacity is allowed by State of Colorado safety orders.

 

Mask wearing is optional unless the event venue requires it or current state mandates require mask-wearing at the time of the Event.

 

Sanitization and cleaning protocols will be the responsibility of the event venue and they will adhere to the Colorado Department of Public Health guidelines.

 

By purchasing/holding a ticket to any Event Guest agrees and understands:

 

1. COVID 19 has a long incubation period during which carriers of the virus may not show symptoms yet are highly contagious. It is impossible to determine who does and does not have COVID 19 given the current limitations and the availability of COVID 19 viral testing.

 

2. Guest is unaware of being a possible carrier or infected: Guest confirms that they have not tested positive for COVID 19 in the last 14 days and that he /she is not presenting with any of the following symptoms:

 

• Fever of 100.5 Fahrenheit

• Shortness of Breath

• Dry Cough

• Runny Nose

• Sore Throat

• Diminished Sense of Taste or Smell

 

3. Guest confirms that they have not knowingly been in close contact (defined as 6ft or less for a duration of 15 minutes or more) with someone who has tested positive for COVID 19 in the last 14 days or in contact with anyone who has exhibited the symptoms in Section 2 above for the last 14 days.

 

 

Release of Liability / Assumption of All Risks

 

1. Voluntary Assumption of Risk. The Guest hereby acknowledges that he or she is over the age of eighteen years, fully competent, and voluntarily executes this Release. THE GUEST HEREBY ASSUMES AND ACCEPTS ANY AND ALL RISKS RELATED TO OR ARISING FROM THE EVENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, TERRORISM, ILLNESS, NATURAL DISASTER, ACTS OF GOD, INJURY, EMOTIONAL TRAUMA, OR DEATH. THE  GUEST ALSO ACCEPTS SOLE AND COMPLETE RESPONSIBILITY FOR HIS/HER OWN SAFETY, SECURITY, AND WELFARE EN ROUTE TO AND ON THE EVENT.

 

2. Disclaimer. TRAVEL SISTER LLC (COMPANY) MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, IN ANY MANNER, OR OF ANY KIND OR NATURE WHATSOEVER, RELATED TO THE EVENT.

 

3. Release. THE GUEST HEREBY RELEASES AND, DISCHARGES AND HOLDS HARMLESS TRAVEL SISTER LLC (COMPANY) , ITS OWNERS, SUCCESSORS, VOLUNTEERS, REPRESENTATIVES, ASSIGNS, INSURANCE CARRIERS, AGENTS, EMPLOYEES, CONTRACTORS, AND ANY OTHER PARTY IN PRIVITY WITH IT COMPANY FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OBLIGATIONS, ACTIONS, OR DAMAGES OF ANY KIND AND OR NATURE WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, NOW OR HEREAFTER ARISING, IN ANY MANNER RELATED TO THE EVENT.

 

The GUEST agrees that THIS Release shall be legally binding upon the GUEST personally, all members of the GUEST’s family, the GUEST’s heirs, successors, assigns, and legal representatives. The GUEST fully assumes all the risk of THE EVENT, travel, EVENTS, AND activities and FURTHER releases the Company from any and all CLAIMS AND liabilities to the maximum extent permitted by law. GUEST agrees to participate in the EVENTS AND activities that are held and sponsored by Company and to release, waive, discharge, and covenant not to sue, and agree to hold HARMLESS Company, its trustees, officers, servants, agents, volunteers, and employees or “Releases” from and against any and all liabilities, demands, claims, or injuries, including death, that GUEST may sustain during or in conjunction with the EVENTS AND activities. This total waiver of liability is intended to be a full and complete waiver and release of Company from any liability for any damages or injuries that may occur as a result of the EVENT or related activities, and that GUEST UNDERSTANDS, AGREES, AND INTENDS TO is giving up  WAIVE AND RELEASE any rights to legal recourse that they GUEST may have or obtain against Company or its related parties. 

 

4. Limitation of Liability. In no event will the Company be liable for any damages relating to or arising from the Event or related activities of the Event, including without limitation actual, incidental, consequential, special, punitive, and/or exemplary damages which arise from the Trip, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law or equity. of the Traveler’s portion of the Trip.

 

5. Indemnification. The Guest hereby agrees to indemnify, protect, defend, save and hold harmless the Company from and against any and all liabilities, losses, claims, damages, costs, and expenses (including court costs and attorneys’ fees) incurred by the Company, arising from or connected with Guest’s breach of this Agreement, or any other damage Guest causes to any other person or entity at the Event. Guest agrees to release, indemnify, protect, defend, save and hold harmless the Company, its employees, contractors, assignees, transferees, agents, and any other third parties acting on Company's behalf against any and all expenses, losses, damages, accidents, injuries, claims, or deaths resulting in whole or in part, either directly or indirectly, from any aspect of the Event or related activities facilitated by the Company. Guest further agrees that in no event and under no circumstances shall the Company, its employees, contractors, assignees, transferees, agents, and other third parties acting on the Company's behalf total and bear aggregate liability under Agreement for any reason in an amount that exceeds the amount of total fees paid by Guest to Company. Guest agrees that neither the Company nor any representative shall be liable or under any obligation for any loss, injury, or damage to belongings or otherwise in connection with any accommodations, transportation, or other services directly or indirectly resulting from any circumstances beyond its/their control including, but not limited to, breakdown in equipment, strikes, theft, delay, hijacking, act or threat of war (whether declared or not), riots, civil strife, terrorist activity, industrial disputes, discharge dispersal, release or escape of pollutants, natural and nuclear disasters, fire, sickness, bad weather, technical or transportation problems, closure of roads, stations or airports, cancellations or changes of schedules by railways, air or bus lines or any other circumstances beyond the Company’s control amounting to force majeure and/or Act of God.

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6.  Arbitration. In the event a legal dispute should arise in any manner related to the Event, such dispute shall be resolved as follows: (a) the dispute shall be settled by binding arbitration in Douglas County Colorado; and (b) both (i) the dispute, and (ii) the existence and validity of this arbitration provision, shall be governed by Colorado law.

 

7. Miscellaneous. The paragraph headings in this Release are for convenience only and shall not be used in the interpretation of nor considered a part of this Release. If any clause or provision of this Release is deemed to be illegal, invalid, or unenforceable under applicable present or future laws, then it is the intention of the parties that the remainder of this Release shall not be affected but shall remain in full force and effect. No provision of this Release shall be altered, amended, revoked, or waived without the written consent of both Guest and Company. 

 

8. Covid19 Assumption of Risk/ Waiver of Liability- Guest acknowledges the contagious nature of COVID-19 and voluntarily agrees to the participation terms described in the Terms and Conditions above and assumes the risk that he or she may be exposed to or infected by COVID-19 by attending a Travel Sister event and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

 

Guest understands that the risk of becoming exposed to or infected by COVID-19 at any Travel Sister event may result from the actions, omissions, or negligence of the Guest and others, including, but not limited to, Travel Sister staff, event and tour partners/vendors, and event/tour participants. Guest voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to or himself/herself  (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Guest may experience or incur in connection with attendance at any Travel Sister event or tour or participation in any Travel Sister programming (“Claims”).

 

Guest hereby releases, covenant not to sue, discharge, and hold harmless Travel Sister LLC , its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.

 

Guest understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of Travel Sister LLC its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Travel Sister activity.

 

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These Terms and Conditions and the Release of Liability / Assumption of Risks constitute the entire agreement and understanding between the parties and supersede all prior agreements and understandings which are hereby revoked. The provisions of this Release shall be binding upon the parties, and all respective heirs, legal representatives, successors, and assigns. There are no other promises, obligations, or terms and conditions, either oral or written, either express or implicated. This Agreement shall be governed by the laws of the state of Colorado in the United States. The contract takes place in Douglas County Colorado. In the event a legal dispute should arise in any manner related to the Event, such dispute shall be resolved as follows: (a) the dispute shall be settled by binding arbitration in Douglas County Colorado; and (b) both (i) the dispute, and (ii) the existence and validity of this arbitration provision, shall be governed by Colorado law.

 

Guest acknowledges they have read and understood the Terms and Conditions and the Release of Liability / Assumption of Risks, and voluntarily and fully agree to all terms and conditions set forth within.