Spooky Explorers’ Club Agreement
By purchasing a ticket to the Carry on the Magic LLC (“Company”) Spooky Explorers Club Event (“Event”), You (“Attendee”) agree to be bound by the following Agreement (“Agreement”):
1. Event – Solo Spooky Explorer. Attendee is purchasing a ticket to Company’s Spooky Explorers’ Club Event. This ticket includes a 3-night stay at Gran Destino Tower at Disney’s Coronado Springs Resort from September 26-29, 2024 (“Resort”) with the following included:
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(1) Ticket to Mickey’s Not So Scary Halloween Party on September 27, 2024
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(1) Ticket to Disney’s Hollywood Studios on September 28, 2024
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(2) Half-days of conference at Disney’s Coronado Springs resort, including host Aaron Sagers and other relevant speakers
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(2) Lunches at the conference
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(1) $250 Disney gift card to cover other food/beverage
2. Event – Two Spooky Explorers. Attendees who purchase a “Two Spooky Explorers” ticket will have all of the above for each of the two attendees and will share (1) room in Gran Destino Tower
3. Responsibilities. Transportation and accommodations to and from the Event are not included. Attendee is responsible for arranging their own transportation and accommodations to and from the Event, including airlines, car-rental companies, taxis, ride sharing, or other service providers, unless specifically noted by the Company.
Attendee understands and agrees that results are not guaranteed and that the amenities offered may be subject to change.
4. Fees and Payment. Attendee shall pay the price of $3,000.00 for “Solo Spooky Explorer” Attendee ticket with single occupancy or $4,500.00 for “Two Spooky Explorers” Attendee ticket for double occupancy. Failure to pay as agreed will result in forfeiture of all previous payments and/or cancellation of Attendee’s Event ticket without refund. Payment will be split into three payments with the first payment, or deposit, due upon booking..
5. Walt Disney World’s policies. You have read and agree to the Walt Disney World Resort Property Rules as stated at the following links:
https://disneyworld.disney.go.com/park-rules/
6. Attendee Prerequisites. Attendee will review all travel documents for accuracy upon receipt. Attendee understands that the Transportation Security Administration (TSA) requires that Attendee carry a government issued identification card in order to board a flight. Attendee has been advised that the name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline tickets and in booking records. Attendee acknowledges that failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing missed flight and additional costs. Attendee understands that, if traveling internationally, Attendee must have a valid passport and, depending upon Attendee’s destination and nationality, Attendee may need to obtain one or more visas or vaccinations.
7. Travel Insurance. Company strongly recommends that Attendee purchase travel insurance to cover risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency. Company strongly recommends purchasing your travel arrangements with a credit card, in order to exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
8. Company Information. Attendee understands and confirms that Company has provided Attendee with the best available information at the time regarding travel. Company has no special knowledge of the financial condition, unsafe conditions, health hazards, weather hazards, or climate extremes of the Travel Suppliers or Attendee’s travel destinations. Attendee understands and agrees that any and all information provided by Company is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Company disclaims all liability and responsibility arising from any reliance placed on such information. Any reliance that Attendee places on such information is strictly at their own risk. For information concerning possible dangers at destinations, Company recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, Company recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. Attendee assumes full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Attendee’s destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). This clause shall survive any termination of the Agreement.
9. Cancellation. All payments are nonrefundable. Company does not allow discounts, credits, partial or full refunds, transfers, exchanges, or rescheduling for any reason. Attendee understands and acknowledges that Travel Suppliers have their own policies, penalties, fees, and terms and conditions covering cancellations and changing travel arrangements. Attendee understands and agrees that they are bound by these Supplier policies, penalties, fees, and terms and conditions, regardless of whether Attendee has received notice of them, and Attendee agrees not to hold Company responsible for any Supplier policies, penalties, fees, and terms and conditions. This clause shall survive any termination of the Agreement.
10. Photography and Video. Attendee consents to written, audio, photographic, and video recording (“Recordings”). Attendee agrees that Company shall be the sole and exclusive owner of all rights, titles, and interests to all the results and proceeds of all Recordings, including all copyrights, trademarks, trade secrets, moral rights, and other intellectual property rights. Attendee grants the Company the exclusive, perpetual, irrevocable, and unrestricted rights to use, publish, reproduce, distribute, license, and sell the Recordings, in whole or in part, in any manner, and Attendee’s likeness, voice, name, image, and biography in connection with the Recordings. Company shall have the right to edit and/or transcribe the Recordings. Attendee waives the right to inspect or approve use of these Recordings. Attendee hereby releases, defends, indemnifies and holds harmless Company, officers, employees or agents from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
11. Restrictions. This ticket is a revocable license and breach of these terms will terminate Attendee’s license to attend the Event without refund. Company reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with the Company rules.
12. Force Majeure. Company shall not be liable or responsible to Attendee, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond their reasonable control, including, without limitation, acts of God; fire; flood; natural disaster or emergency; hurricane; tornado; severe storm; earthquake; act of war, invasion or hostilities (whether war is declared or not); sabotage; explosions; government actions; terrorist threats or acts; revolution or insurrection; riot or civil unrest; epidemic or pandemic; lockouts, strikes or other labor disputes (whether or not relating to Company or Company’s workforce); interruption or failure of utility or telecommunications service (for example, Internet failures); or failure of suppliers, subcontractors, and carriers to substantially meet their performance obligations.
13. Acknowledgement Of Risk. Attendee acknowledges that travel may involve risk and exposure to injury and possibly death, which may be caused by the negligence of the owners, employees, contractors, or agents of Company or the negligence or participation of third party participants. Attendee acknowledges that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that the location of any given trip may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Attendee’s daily life. These inherent risks include, but are not limited to, negative treatment by third parties, as well as the dangers of serious personal injury, death, and property damage resulting from, but not limited to: travel; physical exercise and exertion; physical contact with other travelers or third parties; communicable illnesses, including but not limited to COVID-19; allergic reactions; animal or insect-borne illnesses; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with travel; injury or death resulting from exposure to unfavorable weather conditions; hazards related to dining, including, but not limited to, food sickness, allergic reactions; emotional trauma; accidents; disfigurement; technology failures; business losses; economic losses; temporary or permanent disability, including paralysis; death; acts of God; violence or criminal acts of others; unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climatic or weather conditions; choking; abnormal conditions or developments; or any other actions, omissions, or conditions outside of Company’s control (collectively the “Injuries and Damages”). Attendee acknowledges that the aforementioned Injuries and Damages are potential in connection with recreational activities that may take place during the Event and that Attendee’s safety, physical health, or emotional wellbeing cannot be guaranteed while traveling and participating in related activities.
Attendee confirms they are physically and mentally capable of participating in the Event, that they are willingly and knowingly electing to participate in the travel in spite of the potential risk of Injuries and Damages, and they willingly and voluntarily assume full responsibility for any Injuries or Damages suffered by Attendee or caused by Company, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of Company. Attendee also hereby consents, gives authorization to, and releases from liability all staff to secure any emergency medical treatment in the event Attendee is unable to, and Attendee agrees to be responsible for the costs thereof. ATTENDEE AGREES THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for Attendee, and their heirs, successors, assigns, and legal representatives. It is Attendee’s intention to fully assume all risks associated with the Event and to release Company from any and all liability to the maximum extent permitted by law. ATTENDEE UNDERSTANDS AND AGREES TO RELEASE, DISCHARGE AND WAIVE ANY CLAIMS OR ACTIONS THATATTENDEE MAY HAVE PRESENTLY OR IN THE FUTURE FOR THENEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS ORSUBCONTRACTORS OF COMPANY.
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14. Miscellaneous. The following clauses shall survive any termination of the Agreement:
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LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO ATTENDEE, ATTENDEE’S HEIRS, ASSIGNS, OR PERSONAL REPRESENTATIVES FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, COMPANY’S ACTS OR FAILURE TO ACT, TRAVEL SUPPLIER’S ACTS OR FAILURE TO ACT, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification. Attendee agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to this Agreement.
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Arbitration Clause. All disputes arising under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Connecticut, without regard to principles of conflict of laws. The parties to this Agreement will submit all disputes arising under this Agreement to binding arbitration in Connecticut before a single arbitrator and administered by the American Arbitration Association (“AAA”) pursuant to the Federal Arbitration Act, 9 U.S.C., 1, et seq. in accordance with the Commercial Arbitration Rules of the AAA that are in effect at the time the demand for arbitration is filed. The issue of arbitrability shall be exclusively determined by the arbitrator(s). The arbitrator shall be selected by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Connecticut. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
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Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understanding sand agreements, whether oral or written, between them relating to the subject matter hereof.
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Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.
The parties have executed this Agreement on the date that Attendee purchased admission to the Event.