Purchase & Participation Agreement

PURCHASE & PARTICIPATION AGREEMENT

Gotta Travel Now

PURCHASE & PARTICIPATION AGREEMENT (“PPA”)

Effective Date: July 16, 2019

For and in consideration of any purchase to attend any Gotta Travel Now event or participation at any Gotta Travel Now events, all purchasers and participants agree, acknowledge, and accept the following terms and conditions of the Purchase and Participation Agreement (“PPA”):

  1. This PPA governs the relationship between all purchasers and participants and Gotta Travel Now, its affiliates, agents, employees, officers and directors (collectively, “GTN”). 

  2. GTN reserves the right, in its sole discretion and to the extent not prohibited by federal law, to change, delete or add to any of the terms of this PPA without prior notice. The current version of the PPA agreement will be published on GTN Website (www.gottatravelnow.com). To the extent there is conflict between the PPA and information printed on the GTN ticket or wristband or specified on GTN’s website, the PPA will govern. Applicable terms and conditions are those in effect as of the date the purchaser or participant commences travel on a given itinerary or attends the scheduled GTN event. 

  3. All Purchasers and participants acknowledge that they have read and agreed to the GTN’s Privacy Policy as published on the GTN Website. The terms of GTN’s Privacy Policy are incorporated herein as if fully set forth. 

  4. All GTN events occur at a resort or cruise line not owned by GTN.

  5. GTN events are private events and not accessible to other individuals at the same resort or on the same ship. 

  6. In order to participate in any GTN event, you must book exclusively by and through GTN’s travel agent or each participant must have the necessary GTN wristband or ticket. 

  7. Advertisement of GTN rooms or cabins are priced per passenger-participant and includes: on-board accommodation and stay within the selected cabin or resort; meals (except meals and dining at select restaurants); any amenities, activities, and entertainment included at the resort or cruise ship; and access to the GTN events during the scheduled cruise. 

  8. Unless otherwise noted, all prices on the GTN Website and any fees associated with the GTN events including any applicable taxes are quoted in United States Dollars (“USD”). All payments to GTN will be charged in USD to purchaser’s selected payment method. Purchaser may incur an additional fee by purchaser’s bank or credit card processor if it is an international transaction. GTN is not responsible for such fees, if any.

  9. Any and all payments to GTN are non-refundable. For the avoidance of any doubt, all purchasers agree to pay GTN, at the time of booking, a non-refundable fee of $400.00 USD for each participant of the GTN event. Each participant will be issued a wristband or ticket to attend the scheduled GTN events. GTN wristbands and tickets to attend an GTN event cannot be sold, resold, or used in conjunction with any promotional activity except as expressly authorized in writing by the GTN.

  10. Because all payments to GTN are nonrefundable and/or circumstances may arise that may prevent a purchaser’s or participant’s attendance during the scheduled event GTN strongly encourages the purchase of travel protection and insurance. Purchaser and/or participant agree to inquire about travel protection and insurance at the time of booking, as certain insurance benefits and coverage requests are time sensitive. 

  11. GTN has various payment plans available to purchasers of any event. By agreeing to a payment plan, purchaser authorizes GTN to charge purchaser’s payment method pursuant to the terms of the option payment plan chosen, without additional notice to purchaser. Purchaser and participant expressly agree not to dispute any credit card charges associated with the GTN event. GTN reserves the right to charge purchaser additional fees for returned payments, late payments, missed payments, canceled cards, chargebacks, credit card changes and invalid credit cards. The additional fee assessed to purchaser shall be $400.00 in each instance. Purchaser’s failure to make timely payments in accordance with the chosen payment plan may result in loss or cancellation of booking without refund. 

  12. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, EACH PURCHASER AND PARTICIPANT ASSUMES THE RISK OF INJURY TO PERSON OR PROPERTY RESULTING FROM OR RELATING TO THE CRUISE AND ANY GTN EVENT, HOWEVER CAUSED, WHETHER INTENTIONALLY OR UNINTENTIONALLY, OR WHETHER DUE TO THE ACT, OMISSION, OR NEGLIGENCE OF ANY OTHER PERSON OR ENTITY, AND EACH PURCHASER AND PARTICIPANT FULLY, FOREVER, AND IRREVOCABLY RELEASES, ACQUITS, AND DISCHARGES RTC AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, SPONSORS, AGENTS, ATTORNEYS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITIES, INJURIES, CLAIMS, DEMANDS, DAMAGES, LOSS, RIGHTS (WHETHER CONTINGENT, ACCRUED, INCHOATE, OR OTHERWISE), ACTIONS, OR CAUSES OF ACTION OF ANY NATURE, OR FROM WHATEVER SOURCE, ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, PURCHASER AND PARTICIPANT’S PARTICIPATION IN ANY GTN EVENT OR CRUISE, AND ANY RELATED ACTIVITIES. GTN HEREBY EXPRESSLY DISCLAIMS LIABILITY FOR ANY INJURIES, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY, LOSSES, COSTS, EXPENSES, DAMAGES (CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE), CLAIMS, DEMANDS, AND ACTIONS PURCHASER AND PARTICIPANT NOW HAS, OR MAY HAVE, OR PURCHASER’S AND PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY HAVE OR CLAIM TO HAVE, IN CONNECTION WITH OR RELATING TO THIS CRUISE OR ANY OTHER GTN EVENT.

  13. GTN is neither responsible nor liable for any loss of or damage to participant’s property on the vessel or at the resort in connection with any air or ground transportation.

  14. GTN makes no warranty, express or implied, as to the seaworthiness, fitness, or condition of the resort or any food or drink supplied.

  15. GTN assumes no liability whatsoever for any treatment, diagnosis, advice, examination or other services provided by any medical personnel or other service providers on board the vessel or resort.

  16. All arrangements made for or by purchaser or participant for air transportation, shore excursions, tours, ground transportation, hotels, restaurants, and other similar activities or services are solely for purchaser or participant’s convenience and are at purchaser or participant’s risk, and GTN assumes no liability therefor.

  17. GTN will not be responsible for any losses including but not limited to lodging or airfare incurred due to a cancelled/delayed flight or other means of transportation. 

  18. GTN reserves the right to refuse service or admission to any person at any time at GTNs sole discretion. 

  19. GTN SHALL HAVE THE UNFETTERED RIGHT TO USE ANY PARTICIPANT’S NAME, VOICE, ACTIONS, CONVERSATIONS, SOUNDS, LIKENESS, PHOTOGRAPH, OR IMAGE, AUDIO OR VIDEO RECORDINGS OF PARTICIPANT, OR ANY VISUAL PORTRAYALS OF PARTICIPANT IN ANY MEDIUM OR MEDIA OF ANY NATURE WHATSOEVER THROUGHOUT THE UNIVERSE INTO PERPETUITY FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO TRADE, ADVERTISING, SALES, PUBLICITY OR OTHERWISE, WITHOUT COMPENSATION TO PARTICIPANT OR RIGHT OF REVIEW BY PARTICIPANT, AND ALL RIGHTS, TITLE, AND INTEREST THEREIN SHALL VEST IN GTN (INCLUDING ALL WORLDWIDE COPYRIGHTS THEREIN), FREE FROM ANY CLAIMS FROM PARTICIPANT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR FEES, ROYALTIES, PAYMENT, OR ANY OTHER CLAIM OR CAUSE OF ACTION AGAINST THE RTC (INCLUDING, WITHOUT LIMITATION, ANY CLAIM THAT FOR INVASION OF PRIVACY, MISAPPROPRIATION OF THE RIGHT OF PUBLICITY, OR ANY CLAIMS BASED ON DEFAMATION, LIBEL, SLANDER OR FALSE LIGHT), AND ANY OTHER RELATED CLAIM OR CAUSE OF ACTION, EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW.

  20. Purchaser represents that he or she is at least eighteen (18) years in age, and each participant of an GTN Event represents that he or she is at least twenty-one (21) years in age unless he or she is accompanied by a parent or legal guardian.  

  21. Any disputes and matters whatsoever arising under this PPA and/or the subject matter hereof shall be governed with the laws of the United States of America, and to the extent not preempted by Federal law, the laws of the State of Texas without regard to conflict of law principles, regardless of the legal theory upon which such matter is asserted. Venue for such dispute or matters must be filed in a court of competent jurisdiction located in Galveston County, Texas, United States of America; provided, however, that in the event of a dispute or matter governed (in whole or in part) by the resort lodging contract, the terms of the resort contract t (including but not limited to the choice of law and venue provisions) shall apply. No other covenants, warranties, undertakings or understandings may be implied, in law or in equity. 

  22. This PPA constitutes the entire agreement between GTN and the purchaser or participant with respect to the subject matter hereof, and replaces and supersedes all prior and contemporaneous negotiations, proposed agreements, and agreements, written and oral regarding the subject matter of this agreement. A waiver of any term or condition of this agreement in any instance shall not be deemed to be or construed as a waiver of such term or condition for the future by such party, or of any subsequent breach thereof. If any provision or portion of this agreement shall be held for any reason to be unenforceable or illegal, that provision shall be severed from this agreement and the remainder of this agreement shall remain valid and enforceable between the parties hereto just as if the provision held to be illegal or unenforceable had never been included in this agreement.