TERMS AND CONDITION
Please carefully read the following Rules and Recommendations. In consideration of participation on your trip with Danfo LLC (Danfo, Us, Organizer), You (Participant) agree to accept and be bound by the following Terms and Conditions:
MODIFICATION / CANCELLATION
1. The Organizer reserves the right to make changes to any and all aspects of the trip (which may include without limitation, changes to the types and/or timing of activities available during the trip, items and/or services included with the trip, the itinerary, and/or the nature of the trip) if, in the Organizer’s sole discretion, the Organizer deems it necessary to do so due availability of third party vendors (“Vendors”), weather conditions, conditions that may be hazardous, dangerous, or otherwise adverse or threatening, other circumstances out of the Organizer’s control, or for any other reason considered commercially necessary by the Organizer. The Participant will not be eligible for any refunds of any amounts based on any such changes to the trip.
2. The Organizer reserves the right to cancel the trip at any time prior to the start date, reason is the Organizer’s sole discretion and, in such an event, you will receive a full refund of the amount you remitted to the Organizer, but in no event will the Organizer be responsible for any other amount, including preparation costs, airfare, travel documents, or any other financial expenses.
3. All cancellations by the Participant must be in writing and emailed to the Organizer at the contact email address specified on the website.
INSURANCE
We strongly recommend the purchase of appropriate travel insurance for the trip. You are solely responsible for the cost of any travel insurance, and ensuring that you are adequately insured for the full duration of the trip, 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 be responsible for any losses related to your failure to procure travel insurance. We will not be held liable for any Losses you incur and/or sustain.
PHOTOS, VIDEO, OTHER MEDIA
You irrevocably grant us 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 DANFO 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 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 trip (by the Organizer or any third party).
ASSUMPTION OF RISK
You understand that serious accidents may occur during Physical Activities, and that Participants can sustain fatal and/or serious personal injury. 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 which may occur during the Trip.
INJURY
In the event you are injured while participating in the trip, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that in no event shall the Organizer be liable or responsible for any losses or liabilities arising out of your participation in the trip.
MEDICAL CARE
In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
Although you acknowledge that there is no obligation of any person to provide any Participant with medical care during, prior to, or after the trip, in the event that necessary medical treatment is provided to me, I hereby consent to such care. This release shall apply to all medical care.
PERSONAL PROPERTY
You acknowledge and agree that you are responsible for your equipment and all personal property during the trip and that we, or any Vendors or third parties, are not responsible in any way for your property, whether it is lost, stolen or damaged.
TOUR PROPERTY
In the event that any damage to equipment or facilities, of either the Host or any Vendor, occurs as a result of your willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
TOUR PROPERTY
In the event that any damage to equipment or facilities, of either the Host or any Vendor, occurs as a result of your willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
RULES AND RESPECT
You agree to abide by all rules and regulations presented by the Host, Organizer, and any Vendors and treat all, and fellow participants with a high level of courtesy and respect for the mutual benefit of all participants.
WAIVER OF LIABILITY, INDEMNITY AND RELEASE
In consideration for participating in the trip, you, and your executors, administrators, heirs, successors, assigns voluntarily assume full responsibility for and hereby release, waive, discharge, hold harmless, and covenant not to sue the Organizer/Host, 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 trip 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.
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 on the tour.
You, and your executors, administrators, heirs, successors, and assigns 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 trip, 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.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and DANFO, 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.
FORCE MAJEURE
If we are prevented (directly or indirectly) from performing any of our 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, we will be under no liability whatsoever to you and may, at our sole discretion, by written notice to you, either cancel the trip or take any other reasonable action.
CHOICE OF LAW AND JURISDICTION
You irrevocably agree that this Agreement shall be governed by the laws of the State of Georgia, that any mediation, suit, or other proceeding must be filed or entered solely and exclusively in the state of Georgia, 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-convenience, or otherwise) to the exercise of jurisdiction by such courts.
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.
SEVERABILITY
If any portion(s) of this Agreement 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.
WAIVER
The failure or delay by Danfo 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.
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.
CANCELLATION POLICY
Client accepts, agrees and acknowledges that in the event of any cancellation by a client for any reason, NO REFUNDS will be made. Any payments/deposits made by the client shall be credited towards another tour. The credit will be valid for 365 days after which it shall expire. In the event of any tour cancellation by the Company, refunds shall be made to the client. In the event of a force majeure such as an act of God, refunds will be up to the discretion of DANFO.
We reserve the right to make changes to any and all aspects of the Tour (which may include without limitation, changes to the types and/or timing of activities available during the Tour, items and/or services included with the , the Tour itinerary, and/or the nature of the Tour, itself) if, in our sole discretion, the Organizer deems it necessary to do so due availability of third party vendors (“Vendors”), weather conditions, conditions that may be hazardous, dangerous, or otherwise adverse or threatening,
other circumstances out of our control, or for any other reason considered commercially necessary by us. The Participant will not be eligible for any refunds of any amounts based on any such changes to the Trip.
We reserve the right to cancel the tour at any time prior to the start date, with reasoning at our sole discretion. In such an event, you will receive a full refund of the amount you remitted to DANFO Tours, but in no event will we be responsible for any other amount, including preparation costs, airfare if airfare wasn’t purchased through DANFO, travel documents, or any other financial expenses.
All cancellations by the Participant must be in writing and emailed to us at the contact email address specified on the website.
