CLIENT / PARTICIPANT CONTRACT, RELEASE OF LIABILITY AND TERMS & CONDITIONS
This Client/Participant Contract (the “Agreement”) is legally binding. This Agreement must be agreed to by all clients (each a “Client” and collectively the “Clients”) and participants (collectively with Client(s), the “Participants” or each, a “Participant”) of travel or trips curated by, The Atlas Upgrade, LLC (“TAU”) or for which TAU provided any Trip Planning Services (as defined hereinbelow). Parents/Guardians are required to agree to and execute this agreement on behalf of any/all or their minor children (under age 18) who are participating in a trip.
PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through TAU. By submitting a credit card authorization form to TAU, you agree to allow TAU to use your payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF TAU OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF TAU OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, TAU RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and paid in full. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to TAU in writing. As a result of cancellation, third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.
CANCELLATION OR RESCHEDULING BY TRAVEL PROVIDER OR OTHER
In the highly unlikely event that one of our Travel Providers chooses to change the departure date, or cancels the trip, we will assist you in making alternate arrangements; however, you will be responsible for additional Travel Provider fees and charges that may apply. TAU will always advocate on your behalf in the event of a Travel Provider cancellation or rescheduling.
CHANGES TO YOUR TRIP
Clients may make changes to their trip, subject to availability of any such requested changes at the time such change request(s) are made, and all applicable amendment and cancellation charges incurred as a result of such change(s). Fees accrued for TAU Travel Planning Services prior to such change request(s) shall be deemed fully earned and new fees will be incurred based on the then-current TAU rates.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to TAU.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and TAU bears no responsibility for any changes.
SUPPLIER RULES AND RESTRICTIONS
TAU does not provide, own, or control any of the travel services and products that are provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms.
PASSPORT, VISAS, AND HEALTH REQUIREMENTS
It is Client/Participants sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries entry may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Clients/Participants are urged to review advisories or warnings issued by the State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) about risks to travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. TAU strongly recommends that Clients and all Participants review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html and https://wwwnc.cdc.gov/travel/notices. TAU bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.
Health: Recommended inoculations for travel may change and Client/Participant should consult a doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS.
It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight found http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. The Atlas Upgrade strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities, please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
REVIEW OF TRAVEL DOCUMENTS
Clients must completely review all travel, itinerary, and other documents related to a trip upon receipt of them, whether from TAU or a third party. Any errors, questions, or concerns should be communicated to TAU immediately.
HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. TAU shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
TRAVEL INSURANCE
TAU OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. Unless specifically noted, travel insurance is not included in the cost of client’s itinerary to protect against third party supplier default/bankruptcy protection, delay, interruption, missed connection for cruises, cancellation, medical emergency, transportation/evacuation & repatriation, baggage & personal effects/lost luggage & baggage delay, illness, job loss protection and change of plans, accidental death and disability, travel accident/sickness medical expenses, and more. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded, and TAU’s and travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by TAU, however if you decline to purchase insurance, TAU will require that you execute an insurance waiver. TAU is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. TAU CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
TAU shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights.
IMPORTANT INFORMATION FOR DOMESTIC AIR TRAVELERS
The Federal Real ID Act mandates stricter security standards for state-issued driver’s licenses and other forms of identification and prohibits Federal agencies from accepting for official purposes identification that does not meet these standards. Beginning on October 1, 2021, every air traveler will need to present Real ID-compliant identification to be permitted to board a domestic flight; therefore, those holding a non-compliant driver’s license will need to present an acceptable alternate form of identification, such as a valid U.S. passport. To avoid disruption to their travel plans, air travelers are strongly encouraged to consult with the Department of Homeland Security (www.dhs.gov/real-id) to determine whether their state-issued identification is Real ID-compliant and, if not, what alternate forms of identification will be accepted at the airport.
LATE BOOKINGS
Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.
CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. TAU is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
NO REFUND FOR UNUSED ARRANGEMENTS
As TAU’s prices are oftentimes based on contract rates, there will not be any refund for any unused portion of a travel booking. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour canceled.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Prospective Clients are advised to reserve early to avoid disappointment and additional late booking fees.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See: https://travel.state.gov/content/travel/en/ international-travel/International-Travel-Country-Information-Pages.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html
HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed: https://www.faa.gov/hazmat/packsafe/
INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
PARTICIPANTS WITH DISABILITIES
Participants with disabilities should notify TAU if ADA accessible accommodations are needed. TAU will make all reasonable efforts to accommodate this request but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation.
INDEMNIFICATION
Client/Participant agrees to and shall indemnify and hold harmless TAU and each of our officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by TAU (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client/Participant’s breach or violation, or threatened breach or violation, of this Agreement (including without limitation the Release) (ii) Client’s failure to obtain any signed Release from a Participant and any damages claimed by such Participant or on such Participant’s behalf against TAU with respect to the trip; and/or (iii) any Client/Participant’s breach or violation, or threatened breach or violation, of the Release signed by such Client/Participant to the extent that such Participant is held not to be responsible for any damages incurred as a result of such breach or violation (real or threatened).
RELEASE FROM LIABILITY
Client/Participant hereby understands, acknowledges, and agrees that TAU does not own or operate any entity which is to or does provide goods or services for any trip including without limitation, for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. Client therefore releases and holds harmless TAU, its owners, officers, members, employees, agents, affiliates and independent contractors for any financial failure, insolvency and/or bankruptcy of any supplier, vendor and/or service provider (such as cruise line, airline, tour operator, accommodation provider, etc.), as well as negligent or willful act or failure to act of any such person or entity, or of any other third party, and Client/Participant agrees to and shall not make any claims against TAU for any such actions or omission by TAU or any such third parties. Without limitation, TAU is not responsible for any injury, loss, or damage to any Client/Participant’s person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, skiing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the reasonable control of TAU. TAU reserves the right to change hotels, the itinerary, or other features of the Trip if TAU believes it will enhance the safety of the Trip for Client and the other Trip participants, but in each case, if feasible, with Client/Participant’s prior consent.
In the event that the Client/Participant has arranged components of the trip without the assistance of TAU, Client/Participant is fully responsible for any losses, and associated costs, that arise as a result of the action or inaction of the component (for example, failure to arrive at a destination due to a delay or cancellation of a flight).
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
TAU acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of TAU. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
BECAUSE TAU ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT TAU IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TAU HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH TAU, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFULL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF TAU’S CONTROL, AND YOU HEREBY EXONERATE TAU FROM ANY LIABILITY WITH RESPECT TO THE SAME.
TAU HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM TAU WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY TAU
ASSUMPTION OF RISK; COVENANT NOT TO SUE
Client/Participant is aware that travel to certain destinations may involve greater risk than others. TAU urges Clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
Client/Participant is aware that travel may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; Client/Participant’s own negligence and/or the negligence of others, including tour guides, other guests, TAU employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which Client/Participant is not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of TAU or their third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Client/Participant understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of any trip Client/Participant is willing to accept the risks and uncertainty involved as being an integral part of its adventure. Client/Participant hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of TAU and agree to and shall hold harmless and fully release TAU from any and all claims associated with a trip, including any claims of third party negligence and Client/Participant hereby covenants not to sue TAU for any such claims or join any lawsuit or action that is suing TAU.
FORCE MAJEURE
TAU will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of TAU. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of TAU’s Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although TAU shall use its reasonable efforts to secure reimbursement for you where possible.
PHOTOGRAPHS/VIDEOS
The Atlas Upgrade reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. The Atlas Upgrade may use the photograph/video in publications or other media material produced, used or contracted by The Atlas Upgrade, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have his/her photo taken or distributed must contact The Atlas Upgrade in writing of his/her intentions and include a photograph.
GOVERNING LAW; SUBMISSION TO JURISDICTION
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, USA, exclusive of conflict or choice of law rules. Client/Participant agrees that unless otherwise mutually agreed by the parties in writing or as otherwise, any Claims shall be brought in a court located in New York County, the State of New York, USA. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
ENTIRE AGREEMENT; SEVERABILITY
This agreement, including any other attachments and exhibits referenced herein, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to TAU. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
KNOWING AND VOLUNTARY EXECUTION
Client/Participant has carefully read this Agreement, and fully understands its contents. Client/Participant are aware that this is a release of liability and a contract between them and TAU and/or its affiliated organizations and Client/Participant knowingly agrees to it of their own free will, without duress.
