iMAR Terms, Conditions & Release
As a condition to accepting the experience (“Experience”) being awarded to you (“Lead Traveler”) or as the accompanying guest of a Lead Traveler ("Companion") you agree as follows:
iMAR Entertainment ("iMAR") and its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities' employees, officers, directors, shareholders and agents (collectively the "Released Parties"), are not responsible or liable for any claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with the acceptance or use of any experience. You acknowledge that iMAR has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any experience, including without limitation, to such experience's quality or fitness for a particular purpose. The Released Parties are not responsible or liable for cancellations, postponements, delays or other changes to travel, accommodations and events consisting of the Experience.
I ACKNOWLEDGE THAT THERE IS A POSSIBILITY THAT AFTER THE EXECUTION OF THIS RELEASE, I MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS THAT WERE UNKNOWN OR UNSUSPECTED AT THE TIME I EXECUTED THIS RELEASE, AND WHICH, IF KNOWN BY ME AT THAT TIME, MAY HAVE MATERIALLY AFFECTED MY DECISION TO EXECUTE THIS RELEASE. I ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS RELEASE AND THE RELEASES CONTAINED HEREIN, I HAVE ASSUMED ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS. THIS RELEASE SHALL CONSTITUTE A FULL, FINAL, AND COMPLETE RELEASE, ACCORD AND SATISFACTION OF EACH AND EVERY OF THE RELEASED CLAIMS THAT I HAVE OR MAY HAVE, AT ANY TIME, AGAINST ANY OF THE RELEASED PARTIES.
I hereby agree to indemnify, defend and hold the Released Parties harmless from any and all claims, proceedings, demands, losses, costs, expenses, obligations, liabilities, damages, judgments, recoveries and deficiencies, including interest, incidental and consequential damages, penalties, attorneys' fees and costs, that iMAR may incur which in any way relate to or result from my breach of any agreement, representation or warranty set forth in this Release and any and all other negligent and willful acts and omissions of me which in any way relate to my acceptance and/or use of the Experience.
I hereby grant to iMAR the right to use my name, voice, city/state of residence, photograph and/or likeness for marketing, advertising or promotional purposes in any media or format now or hereafter known without further compensation, permission or notification.
All federal state and local taxes, meals, flight insurance, travel insurance, visa fees, passport fees, gratuities, personal experiences, and other expenses not specifically identified as being awarded herein are the sole responsibility of the Lead Traveler and/or Companion.
I acknowledge that should the Experience include hotel accommodations, rooms are guaranteed to accommodate the number of guests traveling, and that the room type (i.e. Single / Queen / King, etc.) cannot be guaranteed and can only be requested. I understand that an upgrade of accommodation of any type, must be paid for by myself, and will not be paid for by iMAR.
Lead Traveler and Companion(s) must travel on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. Lead Traveler and Companion(s) are responsible for obtaining proper travel documentation (e.g., valid photo ID, visa, passport) prior to travel. Lead Traveler and/or Companion(s) must be 21 years of age or older. If either is a minor, one must be such minor's parent or legal guardian or travel with the permission of such minor's parent or legal guardian in form and substance acceptable to iMAR in its sole and absolute discretion.
Once travel is booked, requests by the Lead Traveler/Companion to change or cancel any element of the Experience will be made at the Lead Traveler/Companion’s own expense. Air tickets may not be eligible for upgrades and/or the accrual of frequent flier miles. All tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Ground transportation to and from the Lead Traveler/Companion’s house may not be provided as part of the Experience.
Lead Traveler must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. In the event the Lead Traveler and/or Companion(s) engage in behavior that (as determined by iMAR in iMAR's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, iMAR reserves the right to terminate the trip early and send the Lead Traveler and/or Companion(s) home with no further compensation or Experience substitution.
The Experience is non-transferable, non-extendable, non-exchangeable, may not be assigned and must be accepted as awarded. Other travel/accommodation restrictions may apply. Once scheduled, the Experience must be taken on dates and times arranged by iMAR or the Experience will be forfeited in its entirety. If any changes to confirmed reservations are requested by the Lead Traveler/Companion, all associated fees, including but not limited to change fees and cancellation fees, are the sole responsibility of the Lead Traveler/Companion. iMAR is not responsible for travel delays or cancellations. There shall be no compensation or Experience substitution if the Lead Traveler and/or Companion is unable to take the scheduled Experience by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond iMAR's control. No cash redemptions or Experience substitutions will be allowed.
If the Lead Traveler and/or Companion is unable to participate in the Experience or attend an event on the date designated by iMAR, their participation in the Experience will be forfeited in its entirety. Any Lead Traveler or Companion substitution or participation in the Experience will then be determined by iMAR in its sole and absolute discretion. In the event the Lead Traveler and/or Companion is able to participate in a trip during the dates designated by iMAR, but the event listed in the Experience inclusions does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, iMAR reserves the right to award the remainder of the Experience with no further obligation to the Lead Traveler or Companion. Excepting the preceding sentence, no cash alternative or Experience substitutions will be allowed, except iMAR reserves the right to substitute Experience(s) of comparable value if an Experience listed is unavailable for any reason. Other restrictions may apply.
YOU ARE ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH YOUR PHYSICIAN AND TO REVIEW THE WEBSITES OF THE UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”), THE WORLD HEALTH ORGANIZATION (“WHO”) OR OTHER RELEVANT GOVERNMENT AGENCIES FOR UPDATED INFORMATION. YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT THAT WHILE TRAVELING (WHETHER BY AIR, AUTOMOBILE, BUS, TRAIN, WATER VESSEL, OR IN ANY OTHER WAY), WHILE IN TERMINALS AND BOARDING AREAS, DURING STAYS AT HOTELS OR OTHER LODGINGS, OR AT ANYTIME DURING A TOUR OR CRUISE, YOU OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS. YOU FURTHER UNDERSTAND AND ACCEPT THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, BEYOND THE COMPANY’S OR SUPPLIER’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. YOU KNOWINGLY AND VOLUNTARILY ACCEPT THESE RISKS AS PART OF THIS PASSENGER AGREEMENT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.
You agree to assume responsibility for your own health and safety, and iMAR cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States; beaches may have strong currents, riptides, or high waves and be without warning signs or lifeguards. You may encounter animals on our trips. We make every effort to keep these encounters safe, however animals may behave unpredictably or dangerously at times. Please use caution when interacting with animals on this trip: Keep a safe distance, stay alert, and respect the animals. At any given moment there are also likely to be “trouble spots” in the world in terms of communicable disease outbreaks, war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State, Centers for Disease Control and Prevention (CDC), and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you.
Any and all disputes, claims and causes of action arising out of or connected with this Release shall be resolved exclusively by an appropriate court of competent jurisdiction located in Los Angeles, California. All issues and questions concerning the construction, validity, interpretation and enforceability of this Release shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.