SUMMER SPLASH 2017 TOUR PARTICIPANT AGREEMENT
TERMS AND CONDITIONS
1. CONTESTING PAYMENT: Irrespective of any terms and conditions or agreement with a third party, including but not limited to PayPal, banks, credit cards, or any other accepted method used to pay for any portion of the tour package, you agree that all cancellations and refunds are to be requested exclusively from 360MEG. You agree to forfeit any right to request payment cancellation from any entity other than 360MEG, including but not limited to contesting any payment with PayPal, any third party payment service provider, bank, credit card company, or any other payment entity used to pay for any portion of the tour package. FAILURE TO ABIDE BY THIS PROVISION CONSTITUTES MATERIAL BREACH OF THIS AGREEMENT, AND 360MEG RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL REMEDIES PURSUANT TO PARAGRAPH 27.
2. ELECTRONIC SIGNATURE: By registering for this trip online, you agree that by checking the box marked “Terms & Conditions” on www.summersplashlv.com, the agreement to abide by these Terms and Conditions is memorialized and constitutes your intention for your registration to constitute a valid electronic signature pursuant to 15 U.S.C.A. § 7006. Additionally, any payment (whether full or partial), attendance and/or participation constitutes acceptance of these Terms and Conditions.
3. TOUR OPERATOR: 360 Marketing & Events Group, LLC, (herein referred to as 360MEG) contracts with hotels, clubs, casinos and pools for all components of the tour package.
4. PACKAGE PRICE/INCLUSIONS: The trip price is a per person rate. All package inclusions are subject to terms and conditions contained herein. Prices listed on the website reflect the correct pricing. There are no discounts for cash payment by check or money order. There is a $40 fee for each declined credit card transaction. Package prices are based on current rates and are subject to change at any time prior to departure without notice.
5. RESERVATIONS AND PAYMENTS: Payment in full, per traveler and a completed and signed registration form are required to secure a reservation. Receipt of any fraction of payment by 360MEG constitutes acceptance of these terms and conditions. Payment in full is due at 360MEG’s discretion and upon oral or written notice or public announcement, including but not limited to telephone communication, email, text message, letter, or social networking message or posting. In the event no notice is given, payment in full will be due before check-in on the start date of the tour package. All guests must pay a $99 (+ 12% NV hotel tax and fee) deposit and register to hold a spot on the trip. Each room shall be booked with the hotel in the name of one person from your group, where your group is defined as you and your roommates. The rates listed on www.summersplashlv.com are there for your convenience, reflect a price that assumes you and your roommates split the cost of the package evenly. You are free to negotiate other arrangements with your roommates, as long as the final price of the room is paid. YOUR REGISTRATION FOR THIS EVENT IS AN ACKNOWLEDGEMENT THAT YOU AGREE TO BE JOINTLY AND INDIVIDUALLY RESPONSIBLE FOR PAYMENT OF THE ENTIRE PRICE OF THE TRIP PACKAGE. Full pricing can be found at www.SummerSplashLV.com/Pricing or upon request.
6. DELINQUENT PAYMENTS – You agree that 360MEG reserves the right to cancel your reservation without refund and/or deny you entrance to the event if you or your party has any delinquent balance at any time including up until the time of check-in. Payments that are not made by the due date (May 15th or 10 days after registering, whichever is sooner) are subject to a late fee of $25+tax for every 2 weeks the balance is outstanding). Should 360MEG choose not to cancel your reservation, subject to Paragraph 5, all balances not paid in full within thirty (30) days from the EARLIER of the check-in date or the date in which notice that balance is due is given shall incur a 20% penalty.
7. AIRLINE and TRANSPORTATION FEES: 360MEG’s package price does NOT provide for travel expenses. As such, you are fully responsible for obtaining your own travel accommodations, and 360MEG is not liable for any refunds due to transportation delay or failure. 360MEG is not responsible for any airline, transportation, car service, taxi or other fees associated with transportation to or from Las Vegas or any other destination within or outside of Las Vegas. These costs and fees and the safety of the traveler are the responsibility of the individual or group.
8. SECURITY AGREEMENT: Your payments are protected and processed via a secure PayPal account, whether payment is made directly on our website, via PayPal invoice or directly on PayPal’s website. By paying for Summer Splash Las Vegas via PayPal, you agree to be bound and subject to the Terms & Condition of PayPal (See: www.paypal.com/us/webapps/mpp/ua/useragreement-full), subject to the limitations imposed in paragraphs 4, 5, 6, 10, 11 and 12 of these Terms & Conditions. 360MEG is not responsible for any issues arising or relating to your use of PayPal services.
9. ROOMS AND ROOMMATES: You choose your own roommates. 360MEG is not responsible for filling rooms. You are responsible for any occupancy price adjustment if your roommate(s) cancels. Payment in full of the price adjustment is subject to the same terms as all other payments as detailed in RESERVATIONS AND PAYMENTS.
10. CHANGING YOUR RESERVATION: A $25.00 change fee must be paid to change any name on a reservation. In order to reserve a spot under someone’s name, all payments must be made in full. Payment in full of the $25.00 change fee is subject to the same terms as all other payments as detailed in RESERVATIONS AND PAYMENTS. Connecting room requests are not guaranteed and are subject to availability of hotel inventory.
11. CANCELLATIONS: All deposits are final and non-refundable. No exceptions, subject to this section. Once we receive your payment in full, if you cancel your reservation, your right to a refund is limited as set forth below. All cancellations and requests for refunds (if any) must be submitted in writing via regular mail or email to 360MEG within 7 days of making your final payment up to April 1 of the year of the trip. Before April 1 of the year of the trip, if you cancel within 7 days of making your final payment, a 50% refund will be allowed. After April 1 of the year of the trip all payments are final. No refunds or cancellations will be processed from verbal requests. The procedure for cancellations and refunds is subject to the provisions of CONTESTING PAYMENT.
12. INSURANCE: Optional Trip Insurance is strongly recommended for an emergency such as accident or illness, or death in the immediate family. This Travel Protection Insurance is not provided by 360MEG. This is something that must be purchased by the participant through a third party, of which 360MEG has no legal, professional, formal, or informal relationship with. If the participant chooses to not to obtain coverage, he/she will assume full financial responsibility for the cost of travel package price and will indemnify and hold 360MEG harmless for any losses due to cancellation, lost luggage, injury, death, theft, or foreseen or other unforeseen circumstances, whether CAUSED BY OR ALLEGED TO BE CAUSED BY BY THE SOLE, JOINT, COMPARATIVE, OR CONCURRENT NEGLIGENCE OR FAULT OF 360 Marketing & Events Group, LLC, 360 Marketing and Events Group AND/OR THEIR AGENTS (including but not limited to Jordan Rothstein, Doug Turner, Jonathan Reich and Emma Keilbey).
13. DOCUMENTATION: All travelers must have proper documentation for proof that they are over the age of 21, and carry their identification with them at all times. Proper documentation is defined only as a valid U.S. driver’s license or valid passport or valid military ID. You agree that 360MEG will not be held responsible in the event that any venue or event does not accept your proof of identification as sufficient for entry. You agree that upon initial check-in and at any time thereafter at 360MEG’s discretion, 360MEG shall be permitted to check and make a photocopy of your driver’s license, valid passport, valid military ID, or any other form of identification you use as proof of age. You agree that upon 360MEG’s request and discretion, 360MEG may ask you to sign a photocopy of your driver’s license for purposes of verifying your identity, or for any other lawful purpose. REFUSAL TO COMPLY WITH THIS PROVISION CONSTITUTES MATERIAL BREACH OF THIS AGREEMENT, AND 360MEG RESERVES THE RIGHT TO DENY PARTICIPATION IN ANY SUMMER SPLASH LAS VEGAS ACTIVITIES UPON YOUR REFUSAL TO COMPLY.
14. HOTEL SECURITY DEPOSITS: The host hotel will require a credit card put forth for each room occupied. This is to cover any damage or incidental expenses (including but not limited to room service, restaurant charges, etc.). Without a credit card, your group will not be allowed to check-in and 360MEG will not be responsible for refunds, damages or inconvenience. This deposit is not included in the price of the tour package and is subject to the hotel’s policies.
15. SCHEDULE: All schedules and venues are subject to change without notice. You will be emailed the official schedule before check-in which is also subject to change. If an entry time frame is listed on the final schedule you must arrive by that time frame for complimentary entry, no exceptions. 360MEG does not guarantee complimentary entry outside of the entry time frame listed on the final schedule or announced prior to the scheduled event. It is your responsibility to check your registration email for updates on venue entry times. 360MEG will NOT be responsible for any loss or expenses caused by reason of such changes or abandonment. 360MEG does not book or take any part in the booking of talent to the scheduled venues. As such, you will NOT hold 360MEG responsible in the event that a venue changes or cancels any scheduled performances. 360MEG makes representations regarding booked talent solely based upon the representations of the venues themselves and does not control booking, scheduling, rescheduling, cancellations, or any other issues within the realm of venue schedules. All schedules are subject to change. No refunds will be given for any changes to the schedule for any reason whatsoever.
16. WRISTBAND: Upon completion of check-in, you will have a Summer Splash wristband put on your wrist. Do not take it off, and do not lose it. This wristband will be the official wristband of the package. All clubs, pool and hotel partners will require you wear this wristband for entry at all times. They will have the option to wristband you with an additional official wristband of that venue or for that day. If you lose the official Summer Splash wristband, you will not be given a new one complimentary. The only way to get another wristband will be to purchase another. 360MEG reserves the right to charge $150.00 per occurrence for a replacement wristband. No exceptions. Anyone caught with a fraudulent wristband, selling or trading or re-selling wristbands will be prosecuted to the fullest extent of the law and removed from the hotel and the tour, and 360MEG reserves the right to seek all other rights and remedies available at law or in equity.
17. VENUE RULES: All clubs, casinos, hotel, pool parties and pool venues reserve the right to ID each participant. All club, casino, hotel and pool rules apply based on the venue and supersede this agreement. Appropriate dress and behavior are mandatory, and each venue has the full discretion in determining what is appropriate and what is not. Your presence in each venue, club, casino, and hotel is voluntary, and as such, you are subject to the guidelines, terms, rules, and conditions of each particular venue. 360MEG is not responsible should a venue cancel an event, and no refunds will be given for venue cancellations under any circumstances. If you have any questions please call or contact the individual venue. All participants must be sure to have proof of age 21 at all times.
18. DISABILITY RESPONSIBILITY: Hotels, transportation services, and other facilities are not necessarily disabled accessible. If you have a disability that requires accommodations or special assistance, you must notify the hotel and venues directly.
19. ALCOHOL CONSUMPTION POLICY: The legal drinking age in Nevada is 21 years of age. 360MEG does not condone the use of alcohol by those under the legal drinking age and in no way condones or encourages intoxication. If you choose to drink, do so responsibly and remember that the excessive use of alcohol can result in injury and severely impaired judgment.
20. ILLEGAL SUBSTANCES: 360MEG does not condone the use or consumption of any drugs or illegal substances and denounces the distribution and use of illegal substances. Each participating venue has strict no-tolerance policies regarding use and distribution of illegal substances which supersedes anything written in this agreement, and by entering into said venue, you agree to subject yourself to each respective venue’s policies and procedures.
21. JURISDICTION AND VENUE: The terms and conditions set forth herein are governed by, and are to be construed in accordance with, the laws of the State of Florida. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any term or condition or to enforce any right and/or legal remedy, such action must be brought in a State or Federal court in the State of Florida with a venue in the County of Miami-Dade. 360MEG reserves the right to move any and all disputes to binding arbitration. By making payment, you agree to cover the cost of any and all litigation or any other legal costs 360MEG may incur due to any legal action taken by you. You agree that you will be responsible for your own fees and costs regardless of whether or not you are prevailing party in any lawsuit against 360MEG, its employees, agents, or officers.
22. PARTICIPANT RESPONSIBILITY: You are responsible for your actions on the entire tour, beginning with air flights. Activities are not mandatory; they are voluntary. Your decision to participate is not actionable against 360MEG or Summer Splash Las Vegas or any other associated company of the principal owners and operators. You understand that by wearing the Summer Splash Las Vegas wristband, your actions will be associated with 360MEG. As such 360MEG reserves the right to deny your entry into any Summer Splash Las Vegas scheduled event in the event that you are found engaged in any activity deemed illegal, criminal, or otherwise inappropriate, at the full discretion of 360MEG. Inappropriate behavior can be cause for eviction from the program at your expense. No refund will be issued for unused accommodations or other tour services if the passenger leaves the tour for any reason. 360MEG employees are NOT chaperones and may not be held responsible for your behavior or participation in any of the Summer Splash Las Vegas activities.
23. TABLE AND CABANA RESERVATIONS: As a service to you and upon your request, 360MEG may serve as an intermediary and reserve tables/cabanas at each respective venue in your name. Reservations of such nature may require a deposit. Total pricing and initial deposit amount varies depending on the venue and is subject to change with or without notice. All deposits made for tables, cabanas, bungalows, day beds, or any other reserved area within the venue are non-refundable. No exceptions.
24. MEDIA: Video or audio recording, filming, or photographs may occur at Summer Splash Las Vegas. By participating in our trip, you grant 360MEG permission to use your name, characters, photographs, audio recordings, video recordings, voices, and likeness in connection with this event or other 360MEG events including advertising and promotions and waive any claims to royalty or remuneration for such use. By participating in the event, you allow 360MEG to use such information for any lawful purpose and waive any right to bring any action in law or equity against 360MEG, its agents, officers, affiliates, and assignees.
25. SHARING OF INFORMATION: Because our travel services are offered in conjunction with the services of other companies such as hotels and other tour operators, 360MEG may be sharing your personal information with those companies. 360MEG may also share this information with other non-related companies, unless you inform 360MEG in writing that you do not consent to sharing of your information to non-related companies. Failure to inform 360MEG in writing that you do not consent shall be deemed as consent.
26. NON-COMPETE: By signing this agreement, you acknowledge that participation in Summer Splash is optional and voluntary, subject to the terms of this agreement. You understand and acknowledge that Summer Splash is a privately owned, “invitation-only” private event and as such, Summer Splash has a legitimate interest in preserving its customer base, brand, intellectual property and business relationships. As such, you agree not to create or attempt to create or participate in the creation of the same or similar programs for five (5) years from the end date of the most recent 360MEG trip you attended, regardless of location, season, and venue. You further agree that you, your employees, your agents, or Independent Contractors (including but not limited to promoters) hired by you will not, directly or indirectly, whether independently or in conjunction with any person or legal entity, solicit or attempt to solicit any business from any of Summer Splash’s Customers, Customer Prospects, business partners, or business associates with whom Summer Splash had any material contact for a period of five (5) years from the end date of the most recent 360MEG trip you attended. Customer prospects are defined as any individual or group of individuals that Summer Splash has had material contact with in the past five (5) years regarding any “360 Marketing & Events Group, LLC” event package, via any medium. You also agree that you, your employees, your agents, or Independent Contractors (including but not limited to promoters) hired by you will not directly or indirectly, on your behalf or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit or induce any employee of Summer Splash for any purpose whatsoever.
27. BREACH: You acknowledge and agree that any breach or threatened breach of this Agreement is likely to cause 360MEG and its Affiliates irreparable harm for which money damages may not be an appropriate or sufficient remedy. You therefore agree that 360MEG and/or its Affiliates are entitled to receive injunctive or equitable relief to remedy or prevent any breach or threatened breach of this Agreement. Such remedy is not the exclusive remedy for any breach or threatened breach of this Agreement, but is in addition to all other rights and remedies available at law or in equity.
28. PRIVATE EVENT: Summer Splash is a private event. 360MEG reserves the right to refuse anyone an invitation to purchase Summer Splash packages. 360MEG reserves the right to refund a client and cancel their participation at any time at our discretion for any reason.
29. INDEMNIFICATION: To the fullest extent permitted by law, you shall indemnify and hold harmless 360 Marketing & Events Group, LLC, its consultants, and its officers, directors, agents and employees and 360 Marketing and Events Group, a sole proprietorship, its consultants, and its officers, directors, agents and employees (including but not limited to Jordan Rothstein, Doug Turner, and Jonathan Reich) from and against claims, damages, losses or expenses, including but not limited to attorneys’ fees, to the extent arising out of or resulting from any negligent acts, intentional acts or omissions under this Agreement, EVEN THOUGH CAUSED OR ALLEGED TO BE CAUSED BY THE SOLE JOINT, COMPARATIVE, OR CONCURRENT NEGLIGENCE OR FAULT OF 360 Marketing & Events Group, LLC, 360 Marketing and Events Group OR THEIR AGENTS (including but not limited Jordan Rothstein, Doug Turner, and Jonathan Reich), AND EVEN THOUGH ANY SUCH CLAIM, CAUSE OF ACTION, OR SUIT IS BASED UPON OR ALLEGED TO BE BASED UPON THE STRICT LIABILITY OF Summer Splash Las Vegas, INC., 360 MARKETING AND EVENTS GROUP, OR THEIR AGENTS (including but not limited to Jordan Rothstein, Doug Turner, and Jonathan Reich).THIS INDEMNITY PROVISION IS INTENDED TO INDEMNIFY Summer Splash Las Vegas, 360 MARKETING AND EVENTS GROUP, AND THEIR AGENTS (including but not limited Jordan Rothstein, Doug Turner, and Jonathan Reich) AGAINST THE CONSEQUENCES OF THEIR OWN NEGLIGENCE OR FAULT AS PROVIDED ABOVE WHEN Summer Splash Las Vegas, 360 MARKETING AND EVENTS GROUP OR THEIR AGENTS (including but not limited Jordan Rothstein, Doug Turner, and Jonathan Reich) ARE SOLELY, JOINTLY, COMPARATIVELY, OR CONCURRENTLY NEGLIGENT WITH YOU. This indemnity provision shall survive termination or expiration of this Agreement. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations or indemnity under the law.
30. WAIVER: 360MEG’s failure to enforce any term in this Agreement shall not constitute a waiver of any provisions found therein.
31. SEVERABILITY: Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
32. DISCREPANCY: In the event that there is a discrepancy in what is published via any other medium, including but not limited to online at www.summersplashlv.com, and what is physically signed by you at the onset of the event, the terms of the agreement signed by you via electronic signature upon registration shall supersede any and all other terms and conditions.