MLJ Vacay, LLC

Terms and Conditions of Service

 

Last Updated: 6/22/19

 

 

Welcome!

Please read these Terms and Conditions of Service (“Terms”, “Terms and Conditions”) carefully before using the www.mljvacay.com website (the “Service”) operated by MLJ Vacay, LLC (“MLJ Vacay”, “us”, “we”, or “our”).

 

USE OF THIS WEBSITE. By using or interacting with MLJ Vacay through this Website or with any tools, websites, applications or other electronic destinations accessible through this Website, you are agreeing to all of the provisions of these Terms and Conditions, the Privacy Policy of MLJ Vacay and the terms of service or terms and conditions of any of the tools, websites, applications or other electronic destinations you access through this Website.

 

If you disagree with these Terms and Conditions, please do not use this Website.

 

UPDATED TERMS.  These Terms may be updated from time to time, at our sole discretion. You should check these Terms regularly to see if any terms have changed.

INTELLECTUAL PROPERTY. This Website, its contents and services offered are owned by or licensed to MLJ Vacay. Users have no rights to our Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and copyrighted.

 

Now, on to the travel!

RESERVATIONS AND PAYMENT. We can’t wait to get started with you, but first, a payment is required at the time you request the booking; the amount will be subject to your particular travel plans. This payment must be received when you request a booking to secure your MLJ Vacay itinerary. We reserve the right to impose special payment policies at our discretion; you will be advised prior to booking if these apply. MLJ Vacay is not responsible for any penalties (cancellation or otherwise), fare increases or fees incurred due to late booking.

Submission of payment to MLJ Vacay signifies the acceptance of these Terms & Conditions.

FORMS OF PAYMENT. Payment may be made by PayPal, MasterCard, Visa, Discover, American Express.

CANCELLATIONS & REFUNDS. MLJ Vacay packages are paid for in full at the time of online checkout. An MLJ Vacay may be returned and refunded in full within 24 hours of purchase, provided an itinerary has not been sent. After 24 hours, or an itinerary being sent, all sales are final.

In the unfortunate event that you need to cancel your vacay after an itinerary has been sent, please notify MLJ Vacay. We will proceed to cancel any reservations booked on your behalf as listed in the itinerary.

 

The purchaser is responsible for canceling all reservations he or she booked for the vacay. Cancellation fees and terms are subject to the vendors terms & conditions

 

An MLJ Vacay itinerary will remain vacay-ready in the same destination, in the month of the original travel date. After the month of the original travel date, while you still may take your vacay, MLJ Vacay is not responsible for the availability of the restaurant or activity selections.

 

If you would like to use MLJ Vacay to reschedule your vacay, you can purchase the rescheduling package for $50. Upon purchasing the rescheduling package, MLJ Vacay will reschedule all restaurants and activity reservations, subject to availability.

 

With respect to the reservations made in connection with this transaction, MLJ Vacay is not responsible or liable for any acts, omissions, financial stability, delays or changes by any of tour operator, wholesaler, dining establishment, service company, hotel, etc.

Neither MLJ Vacay nor any of its representatives shall be or become liable or responsible for any loss, injury or damage to person, property, or otherwise in connection with any accommodations, transportation or other services resulting directly or indirectly from any extraordinary circumstances, including but not limited to acts of God, dangers incident to the sea, fire, breakdown in machinery, acts of governments - de jure or de facto, war, hostilities, civil disturbances, strikes, riots, thefts, epidemics, medical quarantines, customs regulations, defaults, delays or cancellations of or changes in itinerary, routing or schedules from any cause beyond the control of the MLJ Vacay, or from any loss or damage resulting from insufficient or improperly issued passports, visas or other documents.

PRE-DEPARTURE CHANGES BY MLJ VACAY. It is occasionally necessary for us to make changes to the itinerary curated for you. Most of these are minor changes, and where we know in advance, we will notify you promptly.

It may be necessary to make a major change to your vacation. In this case, we will do our best to offer you a suitable alternative. Some tours may require a minimum number of participants and if that number is not reached, the tour may have to be cancelled or amended.

CHANGES AFTER DEPARTURE. Changes in travel arrangements that result in additional monies owed due to price differences, fuel surcharges, ticket re-issuance fees, etc. are due and  are the responsibility of the traveler.

RATES. All rates are quoted in U.S. Dollars unless otherwise noted. Rates are subject to change at any time, without notice. MLJ Vacay reserves the right to make adjustments if a particular rate was incorrectly stated.

ACCOMMODATIONS. Although MLJ Vacay may make accommodation recommendations, facilities, guest services and amenities are provided at the discretion of the hotel or other supplier and are subject to change without notice. Any additional costs are your responsibility and are payable directly to the hotel. Hotel descriptions and photos do not necessarily depict the actual room in which guests will be accommodated; maps and images may not be exact or to scale, and are for general description purposes only. Room standards are the sole responsibility of the hotel. Hotel ratings are based on information provided by the hotel and MLJ Vacay ’s own evaluations.

PHYSICAL DISABILITIES. If you require special facilities, services or accommodations at the time of travel, it is your responsibility to disclose such needs to MLJ Vacay at time of reservation. Wheelchair-accessible transportation and accommodations may be requested, but cannot be guaranteed. Available accommodation standards vary by hotel or other supplier and are not within the control of MLJ Vacay. Your foreign destination may not conform to the United States Americans with Disabilities Act requirements, and facilities for disabled persons may be extremely limited. MLJ Vacay assumes no liability for the failure to provide such accommodations by a travel supplier.

RESPONSIBILITY. MLJ Vacay is only responsible for reserving the items listed in the reservation details. The suppliers providing transportation, sightseeing arrangements, tours, excursions and other accommodations (“Suppliers”) for the vacations are independent contractors and are not agents, affiliates, representatives or employees of MLJ Vacay. MLJ Vacay has no ownership interest in any Supplier. Any use of the MLJ Vacay name by a Supplier is for identification purposes only, and does not constitute ownership, agency, supervision or control by MLJ Vacay. All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier. By utilizing the services of the Suppliers, you agree that MLJ Vacay shall not be liable for:

(1) any accident, loss, injury or damage to you or to those traveling with you in connection with any accommodations, transportation or other services or resulting directly or indirectly from any occurrences or conditions including, but not limited to, negligence, defects in vehicles, equipment malfunction, strikes, “Acts of God,” riots, terrorist acts or threats, wars, acts of governmental authority, theft, delays, weather conditions, environmental conditions, bankruptcy, cancellations or changes in itineraries or schedules;

(2) loss or damage to property or injury to persons, caused by reason of any act or omission, intentional, negligent or otherwise by such Suppliers. MLJ Vacay makes no implied or express warranties in the offering of any vacation described in these material;  and

(3) any experience that a guest has at a place recommended by MLJ Vacay, including but not limited to, dining, food service, hotel accommodation, tours, and specialty experiences.

LIMITATION OF LIABILITY.  ABSENT ITS WILLFUL OR INTENTIONAL MISCONDUCT, MLJ VACAY AND ITS MEMBERS AND EMPLOYEES ARE NOT RESPONSIBLE TO YOU FOR  ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RESULTING FROM THIS AGREEMENT. IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF MLJ VACAY TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID TO MLJ VACAY UNDER THIS AGREEMENT. .

LINKS TO OTHER WEB SITES. MLJ Vacay may contain links, banners, or advertisements that lead to other websites not subject to our Privacy Policy. We encourage you to read each site’s policies to learn about how your information may be treated by other websites.

 

YOUR MLJ VACAY ACCOUNT. You may need a MLJ Vacay, LLC Account (Account) to order some of our or services. To help protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. We recommend that you do not use your Account password on third-party applications. If you learn of any unauthorized use, please contact us immediately.

BUSINESS USE OF OUR SERVICES. If you are using our services on behalf of a business, you are representing that the business accepts these Terms, including all limitations of our liability in these Terms of Service.

DOWNLOADS FROM THIS SITE. MLJ Vacay makes no warranty that downloads from its Website or from tools, websites, applications or other electronic destinations accessible through this Website, are free of corrupting computer codes, including, but not limited to, viruses and worms. You download such information at your own risk. MLJ Vacay is not liable for any damage to computers or software of the user, or of any person the user subsequently communicates with, from corrupting code or data that is inadvertently passed to the user’s computer.

 

SECURITY. The Website may only be used for lawful purposes.  Illegal activities, including but not limited to, tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited.  You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.

APPLICABLE LAW, DISPUTE RESOLUTION AND VENUE. By using this Website, you agree that the laws of the State of Minnesota, USA will govern the use of this Website by you, and will govern any dispute, controversy or claim relating in any way to the Website or purchases made through the Website, without regard to any conflict of laws. If any dispute, controversy or claim arises between you and us, you agree to submit the matter for mediation before a mutually agreed upon mediator in Hennepin County, Minnesota. If the parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center, or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the parties agree to courts in Hennepin County or Ramsey County, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any party to this Agreement.

 

NO WAIVER. If you do not comply with some of these terms, and we don’t take action right away, that doesn’t mean that we are giving up any rights that we may have such as taking action to enforce these terms.

 

SEVERABILITY. If it turns out that a particular part of the Terms is not enforceable, this will not affect any other parts of the Terms.

 

PREVAILING LAW. MLJ Vacay intends to comply with laws governing this website and its business, and will modify its Terms in order to comply with applicable laws.

CONTACTING US. For information about how to contact MLJ Vacay, please visit our contact page. Information that you send us in an e-mail message to this Website will not be considered confidential or privileged by us.

GROUP RETREATS. Please carefully read all the terms and conditions of this contract detailed below before purchasing a group retreat from MLJ Vacay. For and in consideration for being permitted to participate in a MLJ Vacay group retreat, you (the undersigned) agree to accept and be bound by the terms and conditions set forth herein.

RETREAT DETAILS. Retreat details for the Retreat product in your cart, such as information about the destination, accommodations, departure and return dates, any included meals, any included transportation, included education, and payment details and due dates can be found on the Company’s website (www.mljvacay.com) (the “Website“).  PLEASE READ AND ENSURE YOU UNDERSTAND THE RETREAT DETAILS AND POLICIES DETAILED HEREIN PRIOR TO CHECKING OUT.

  1. REGISTRATION. To reserve a spot for the Retreat, you must add the product corresponding to the Retreat of your choice to your cart and follow the checkout instructions on the Website to submit your information and payment. You will NOT have a reserved spot for the Retreat if you fail to provide all complete registartion or submit payment. 

  2. CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION. After Company receives your registration, 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 registration. Thereafter, we may send you, and you consent to receive, correspondence related to the Retreat and the Company, including the itinerary for the Retreat. 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). 

  3. PAYMENT TERMS.

    1. Total Payment. The Total Payment is due in full thirty (30) days prior to the departure date of the Retreat specified on the Website (the “Payment Due Date”).  IF COMPANY DOES NOT RECEIVE YOUR TOTAL PAYMENT ON OR BEFORE THE PAYMENT DUE DATE, COMPANY MAY CANCEL YOUR RESERVATION WITHOUT NOTICE.

    2. Deposit. Your Deposit is non-refundable.  You may request to have your deposit applied to another participant’s registration for the same Retreat prior to the Payment Due Date.  Your deposit may NOT be transferred to another participant’s registration for a different Retreat. 

  4. TRAVEL INSURANCE. We strongly recommend the purchase of travel insurance for the Retreat. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Retreat 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. 

  5. CHANGES OR CANCELLATION.

    1. Changes. Company reserves the right to make changes to any and all aspects of Retreat (which may include without limitation changes to the types and/or timing of activities available during the Retreat, items and/or services included with the Retreat, the itinerary, and/or the nature of the Retreat Education) 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 Retreat or any portion of the Retreat, 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 Retreat. 

    2. Cancellations.

      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. Company further reserves the right to cancel the Retreat prior to the Departure Date in the event an insufficient number of registrants are confirmed for the Retreat 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.   

      2. By You. All cancellations by you must be in writing and emailed to Company at the contact email address specified on the Website. 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.

      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 Sections 7(b)(i)(2) and 7(b)(ii)) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.

  6. PHOTOS, VIDEO, OTHER MEDIA RELEASE. By and in consideration for being permitted to participate in the Retreat, 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 Retreat (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.

  7. VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY. You acknowledge that you are voluntarily participating in the Retreat with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, climbing, swimming, jumping, yoga, plyometrics, 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 Retreat 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 Retreat. 

  8. 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 Retreat. 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 Retreat, including any Physical Activities. You have consulted with your physician and your physician has authorized you to participate in the Retreat, 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 Retreat 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 Retreat, you will cease participation in the same and seek appropriate medical attention. YOU ARE HEREBY ADVISED THAT THE RETREAT 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 strongly encourage you to purchase travel insurance with appropriate coverage for your needs. We reserve the right in our sole discretion to refuse your participation in the Retreat, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Retreat or any related activities at any time to individuals demonstrating behavior that may result in injury to themselves or others.

  9. ASSUMPTION OF RISK. You understand that serious accidents may occur during Physical Activities and that participants can sustain fatal and/or serious personal injury.  As stated above, the Retreat 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 familiarize yourself with all possible relevant travel information in connection with your participation in the Retreat. 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 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 Retreat. YOU ACKNOWLEDGE THAT YOUR DECISION TO PARTICIPATE IN THE RETREAT IS MADE IN FULL CONSIDERATION OF THE FOREGOING INFORMATION AND THAT YOU SOLELY AND EXCLUSIVELY ASSUME THE RISKS INVOLVED WITH PARTICIPATING IN THE RETREAT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT. 

  10. INJURY.  In the event you are injured while participating in the Retreat, 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 RETREAT. 

  11. WAIVER OF LIABILITY AND RELEASE.  IN CONSIDERATION FOR PARTICIPATING IN THE RETREAT,  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 RETREAT 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 urged to obtain travel insurance 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 Retreat. 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 Retreat.

  12. INDEMNITY. YOU FURTHER HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LIABILITIES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES) THAT ONE OR MORE OF THE COMPANY PARTIES MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN THE RETREAT, WHETHER CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE (BUT EXCLUDING ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY PARTY), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

  13. 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.

  14. GENERAL. 

    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. 

    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 RETREAT PURSUANT TO SECTION 7 OR TAKE ANY OTHER REASONABLE ACTION.

    3. Choice of Law and Jurisdiction.  You irrevocably agree that this Agreement shall be governed by the laws of the State of New York, that any mediation, suit, or other proceeding must be filed or entered solely and exclusively in Manhattan, New York and that the federal or state courts located in Manhattan, New York and any courts of appeal therefrom shall have sole and exclusive jurisdiction to settle any dispute arising under or in connection with this Agreement (including any disputes as to this Agreement’s existence or validity).  You waive any objection (on the grounds of lack of jurisdiction, forum non conveniens, or otherwise) to the exercise of jurisdiction by such courts.

    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.

    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.

    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. 

    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. 

  15. YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE RETREAT, 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 SIGNATURE BELOW, 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.

 

Copyrighted by MLJ Vacay, LLC, 2019.