CONNECTION CREATORS L.L.C. – TERMS AND CONDITIONS
In exchange for participation in the activities involved in a Connection Creators, L.L.C. experience (the “Experience”), I hereby enter into these TERMS AND CONDITIONS (the “Terms”) with Connection Creators L.L.C., (“Connection Creators”).
The Terms include, among other provisions, a RELEASE OF LIABILITY, ASSUMPTION OF THE RISKS, AND INDEMNIFICATION PROVISION (the “Release”) between me and Connection Creators.
I. RELEASE – Release of Liability, Assumption of Risks, and Indemnification
Read Carefully – This Affects Your Legal Rights
1. RELEASE OF LIABILITY. I hereby release, waive, discharge, and covenant not to sue Connection Creators, its officers, servants, agents, employees, successors, and assigns (hereinafter referred to as “Releasees”), from any and all liability, claims, demands, actions, debts, and causes of action whatsoever arising out of or relating to any loss, damage, or injury, including death, that may be sustained by me, or to any property or funds belonging to me, whether caused by the negligence of the Releasees, a third-party working with or contracted by Releasees, or otherwise, while participating in the Experience, or while in, on, or upon the premises where the Experience is being conducted, while in transit to or from the premises, or in any place or places connected to the Experience.
I further understand and agree that this Release covers any liability, claim, and action caused entirely or in part by an act, failure to act, mistake, failure to supervise, or negligence on the part of any Releasees.
2. ASSUMPTION OF THE INHERENT RISKS. I am fully aware of the inherent risks and hazards connected with being on the premises and participating in the Experience, and I am fully aware that there may be risks and hazards unknown to me connected with being on the premises and participating in the Experience, and I hereby elect to voluntarily participate in the Experience, to enter upon the above named premises and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my being a participant in the Experience, whether caused by the negligence of Releasees or otherwise.
The inherent risks I acknowledge and assume include, but are not limited to: physical injury or death resulting from participation in excursions and tours during the Experience; injury during yoga sessions and classes; injury during travel, to include travel to, from, and between Experience locations; drowning and related injuries during any aquatic activities; illness or injury in remote locations without immediate access to quality medical care; illness or injury resulting from meals; injury resulting from the acts or omissions of third-parties retained by Connection Creators to assist with the Experience; and the acts or omissions of other Experience participants.
I acknowledge again that there may be other inherent risks not listed in the immediately preceding paragraph, and I still wish to participate in the Experience.
3. INDEMNIFICATION. I agree to indemnify, hold harmless, and defend Releasees against all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees and other litigation costs, which may occur due to my participation in the Experience.
4. THIS RELEASE BINDS OTHERS. It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named Releasees.
5. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions given by Connection Creators, or the employees, vendors, sub-contractors, representatives or agents of Connection Creators.
6. Experience CHANGES BASED ON SAFETY. I hereby acknowledge and understand that Connection Creators may make changes to Experience plans, travel arrangements, lodging, meals, and itineraries, if safety considerations require such changes. In the event Connection Creators is required make such changes, I acknowledge that any claims or damages arising from these changes are subject to these Terms.
7. FEES. I agree to pay for all damages to the facilities of Connection Creators or any of their vendors caused by any negligent, reckless, or willful actions by me.
8. FORCE MAJEURE. Connection Creators is not liable for death, injury, illness, delay, loss, or damage to person or property, direct and indirect financial costs, or failure to perform or complete any duty if such death, injury, illness, delay, loss, or damage is caused by act of God, war, terrorist activity or threat, political or governmental action, mechanical breakdown, strike, riot, transportation cancellation, natural disaster, pandemic, fire, extreme weather, or any other cause beyond the control of the Connection Creators, or an event which the Connection Creators or its partners, suppliers, or agents, could not foresee any and all of which constitute “Force Majeure”.
9. NO DURESS. I agree and acknowledge that I am under no pressure or duress to assent to this Release, and that I have been given a reasonable opportunity to review it before assenting. I further agree and acknowledge that I am free to have my own legal counsel review this Release, if I so desire.
I further agree and acknowledge that Connection Creators has offered to refund any fees I have paid to use its facilities and services if I choose not to assent to this Release.
10. ARM’S LENGTH AGREEMENT. This Release and each of its terms are the product of an arm’s length negotiation between me and Connection Creators (the “Parties”). In the event any ambiguity is found to exist in the interpretation of this Release, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision given rise to such ambiguity.
II. OTHER TERMS AND CONDITIONS
A. COVID REGULATIONS
1. I agree to follow all U.S. and international guidelines as related to COVID-19 prevention and testing. This may include, but is not limited to: proof of vaccine or negative tests, no-touch temperature checks, and mandatory mask use while in shared transportation vehicles.
2. If requested by Connection Creators, I agree to show proof of a negative PCR test within 72 hours of the Experience start date AND proof of being fully vaccinated against COVID-19 with a vaccine approved by U.S. or European Union authorities. I understand that I may need to be tested in a foreign country in order to return to the U.S. and, if I test positive, I am responsible for my own additional expenses related to quarantine.
B. CANCELLATION POLICY AND TRIP INSURANCE
1. CANCELLATION. With all Connection Creators Experiences your investment is protected.
2. TRIP INSURANCE. I understand that Connection Creators recommends that I buy reputable trip insurance to protect against illness, natural disasters, pandemics, and other personal or global emergencies impacting my ability to travel or any personal medical or logistical needs that could arise during my travels. Connection Creators is not liable for these instances, and is not financially liable for any of these instances. Connection Creators expects on-time payments up until the full amount is received.
III. APPLICABLE LAW, CHOICE OF FORUM, ENFORCEABILITY, AND AMENDMENT OF TERMS
1. APPLICABLE LAW AND CHOICE OF FORUM. Any legal claim that may arise from my participation in the Experience or the under these Terms shall be resolved under New Jersey law without reference to any conflict-of-laws rules. Further, any action related to the Experience or these Terms shall be instituted and prosecuted in the Courts of the State of New Jersey, these courts being the sole, exclusive, and only forum for actions arising from these Terms.
2. ENFORCEABILITY. The invalidity or unenforceability of any provision of these Terms, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provisions of these Terms or of any other applications of such provisions, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of these Terms.
In agreeing to these Terms and accepting services from Connection Creators, I acknowledge and represent that:
A. I HAVE READ THESE TERMS, INCLUDING THE RELEASE, UNDERSTAND THEM, AND AGREE TO THEM VOLUNTARILY AS MY OWN FREE ACT AND DEED;
B. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT;
C. NO ORAL REPRESENTATION, STATEMENTS, OR INDUCEMENTS, APART FROM THE FOREGOING WRITTEN TERMS, HAVE BEEN MADE;
D. I AM ENTERING INTO THESE TERMS AND THE RELEASE IN CONSIDERATION OF Connection Creators’S SERVICES AND PARTICIPATION IN THE EXPERIENCE; and
E. I UNDERSTAND THAT BY AGREEING TO THESE TERMS AND THE RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.