The following Terms and Conditions (referred to hereinafter as “Terms and Conditions” or “Agreement”) apply to all Services offered for sale by Marisa Marulli, LLC d/b/a Further Photography Expeditions and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as “Marisa Marulli, LLC,” “we,” “our,” or “us”).
The term “Photography Expedition” (or simply “Expedition”) as used in these Terms and Conditions is defined as any package of Services, offered or sold by us. The terms “Service” or “Services” encompass: workshops, photography lessons, hikes, tours, leisure or adventure activities, travel planning and consultation, ground or other transportation, hotel, resort, or other accommodations, equipment rentals, and any other photography, travel or travel related products offered by Marisa Marulli, LLC as part of an Expedition Itinerary. “Itinerary” refers to the particularized schedule for an Expedition. “Supplier” or “Vendor” refers to any provider of the Services we offer. References herein to “Customer,” “Participant,” “you,” or “your” shall apply to each and any of the following: a party participating in an offered Expedition (“Participant”) and/or the party who purchases (or attempts to purchase) an Expedition for themselves and/or others.
All bookings of Expeditions are also subject to the Terms and Conditions of the Suppliers of the Service(s) incorporated in an Expedition. By booking a Marisa Marulli, LLC Photography Expedition, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of Marisa Marulli, LLC, Marisa Marulli, LLC’s will control all issues relating to the liabilities and responsibilities of Marisa Marulli, LLC.
Please read these Terms and Conditions carefully. Participant acknowledges that they have taken note of these Terms and Conditions before embarking on an Expedition and have accepted the same by signing it and sending the signature page back to us.
2. Prices and Surcharges
4. Payment Methods
5. Payment Schedule
6. Cancellation, Substitution, and Alteration Policies
7. Modification of Our Terms and Conditions
8. Participants with Special Needs or Disabilities
10. Passports, Visas, Reciprocity Fees, and Travel Health Requirements
12. Activities Offered During your Expedition
13. Marketing Materials and Illustrative Photos
14. Use of Media and Media Likeness
15. Proper Conduct Required During Expedition
16. Legal Compliance Required During Expedition
17. Medical and Physical Conditions
18. Medical Emergencies
19. Special Dietary Requirements
20. Participant Complaints
22. Seller of Travel Registration Information
23. Limitation of Liability
24. Disclaimer of Warranties
25. Indemnification and Release
26. Additional Risks
27. Force Majeure
28. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.
29. Attorney’s Fees, Costs, and Expenses of Suit
21. Severability and Survivability
32. Waiver, Etc.
33. Electronic Signatures
a. Locale: The Services offered by Marisa Marulli, LLC are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions and may legally do so.
The Services are also available for purchase by international Customers, as long as they recognize that this is a U.S. business operated under U.S. laws. Any disputes that may arise will be decided pursuant to U.S. law according to our Mandatory Binding Arbitration provision and Choice of Law clause, below, et sec.
b. Age: No unaccompanied minors (those under 18 years of age) will be accepted. The Lead Passenger (the Traveler who submits a Trip reservation for others) must be over the age of 18 to purchase a Expedition and agree to these Terms and Conditions. If traveling with a minor, the minor’s parent or guardian accompanying them must accept full responsibility for the minor. All passengers over 18 years of age need to agree to these Terms and Conditions.
2. Prices and Surcharges. Our prices are contractual tariffs. No claim relating to the price of an Expedition will be considered once the reservation is effective. All prices are quoted in US dollars (US$). Rates for Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, the price of fuel, Services and labor sometimes increase the cost of Travel arrangements significantly.
Unless otherwise stated in the description of an Expedition, the following amounts will NOT be
included as part of one of our Expedition’s advertised price:
• Airfare to or from the Expedition
• Items of a personal nature such as incidentals, toiletries, etc.
• Travel insurance including medical, accidents, lost baggage and/or trip cancellation
• Tips and gratuities
• Costs of any food or drinks not advertised as included in your Expedition price
• Any other activities or items not explicitly advertised as included in the price of an Expedition in its description.
3. Reservations/Bookings. A non-refundable deposit of 30% of the photo expedition fare, along with the following completed and signed forms are required in order to confirm your reservation:
1) Trip Application Form
2) Booking Terms and Conditions Form
The full balance of the expedition fare must be received prior to any date we may specify, which will usually be 90 days prior to your intended departure date. Bookings made three months or less before departure must be paid for in full at the time of booking. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable.
We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received.
Marisa Marulli, LLC reserves the right to cancel the reservation and impose cancellation charges if any payment is not received as detailed by us. Marisa Marulli, LLC will not be responsible for lost land and/or air reservations.
To contact Marisa Marulli, LLC with questions about a making a reservation for an Expedition or to discuss an existing reservation, you may do any of the following:
a. contact Marisa Marulli, LLC directly via telephone at: +1 (415) 529-8895
b. email Marisa Marulli at: email@example.com
c. visit www.furtherphoto.com and fill out the Expedition's specific registration form
4. Payment Methods. Payments must be made directly to Marisa Marulli, LLC. Marisa Marulli, LLC accepts payment by:
a. Check. You can address and mail a check to Marisa Marulli LLC, 319 Clematis Street, Suite 708, West Palm Beach, Florida 33401.
b. PayPal: If you prefer to pay with credit card / PayPal, please visit paypal.me/FurtherPhoto and type in the amount owed.
*Please note, a 2.9% + $0.30 convenience fee applies for each transaction made through this method. Please include this fee as part of your payment transaction.
This convenience fee does not apply to Peter Zelinka’s photography courses.
d. Electronic wire You can deposit an electronic transfer into the bank account of Marisa Marulli LLC (please email firstname.lastname@example.org letting us know you’d like to pay this way, and we will reply with bank account info)
*Please note, a $16 convenience fee applies to pay through this method.
5. Payment Schedule. Our standard payment schedule is as follows (payment schedule may vary based on Supplier requirements):
1) Initial Deposit: To secure a booking prior to 90 days before the start date of the Expedition, Customer must provide for each Participant an initial deposit of 30% of total Expedition cost.
2) Final payment: 100% of the remaining Expedition cost is due no later than 90 days before the start date of the Expedition. If reservation is made within 89 days of departure, entire Expedition cost must be paid at the time of request in order to secure confirmation and some late registration fees may apply.
6. Cancellation, Substitution, and Alteration Policies.
Return of monies paid to Marisa Marulli, LLC will be refundable for individual cancellations per the cancellation table below, less any non-refundable payments/deposits made by Marisa Marulli, LLC to secure Accommodations, meals, show tickets, admission tickets to attractions, transportation, etc. Also deducted from the net refundable amount will be any adjustments for room rate changes created by the cancellation (i.e., quad to triple; triple to double, etc.). NO REFUNDS, for any reason, will be paid for individual cancellations received 59 days or less from the departure date.
Air Travel is not included in the price of the Expedition and cancellation charges for Air Travel will be governed by the terms and conditions of the airline. If Participants purchase air travel before confirmation is received by Marisa Marulli, LLC that the Expedition has filled enough Participants to run, or before confirmation that Participant is approved to join, and the trip is then cancelled either by the Participant or by Marisa Marulli, LLC , Marisa Marulli, LLC will not be responsible for the expense of the ticket.
Marisa Marulli, LLC reserves the right to cancel any tour at its sole discretion. In the unlikely event a tour is canceled by Marisa Marulli, LLC and Marisa Marulli, LLC is unable to reschedule, all funds collected from any Participant will be promptly refunded less any non-refundable payments made by Marisa Marulli, LLC to secure Accommodations, meals, admission tickets, etc and any applicable price adjustments. Money is refunded to the original payer.
a. Cancellations and Alterations attributable to Customer
Date of Cancellation / Charge:
90 or more days prior to departure / 30% of the Expedition price is forfeited by Customer
60-89 days prior to departure / 50% of the Expedition price is forfeited by Customer
59 or less days prior to departure / 100% of the Expedition price is forfeited by Customer
i. Last minute bookings (90 days or less) must be paid in full and are subject to the above cancellation charges as well as any applicable late registration fees.
ii. Please note that a no show passenger is treated as a cancellation and forfeits all payments made as well.
iii. In case part of a booking is cancelled, the remaining associated parties may have to pay additional charges (e.g. under-occupancy, or single room supplements).
b. California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Customer is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Customer, all sums paid to the seller of travel for services not provided will be promptly paid to the Customer, unless the Customer advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Customer with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
c. Substitution of Participants
If any member of your party is unable to travel, it may be possible to transfer the booking to another suitable person, provided that written notice is given at least 30 days prior to departure. An administration fee of $250 will be levied in addition to any costs or fees imposed by our Suppliers.
d. Cancellations and/or Alterations attributable to Marisa Marulli, LLC or Force Majeure
Particularly as a result of causes beyond our control (including but not limited to weather and travel conditions, river water levels, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), we have on occasions had to make changes to and/or cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value without compensation. Marisa Marulli, LLC reserves the right to adjust the Itinerary or change the modes of ground and air travel, change the quality of accommodations or otherwise change the Expedition without prior notice. We accept no liability for loss of enjoyment as a result of these changes. Marisa Marulli, LLC will attempt to provide advanced notice of any changes to Itinerary or Services to the extent possible.
Any additional charges incurred arising from the postponement, delay or extension of an Expedition or adjustment to the itinerary due to Force Majeure will be the Participant’s responsibility. Participant accepts that cruise captains have full authorization to modify itineraries in the interest, enjoyment and safety of the passengers and vessel.
7. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Expeditions booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions prior to embarking on an Expedition, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you booked an Expedition with Marisa Marulli, LLC or reviewed our Terms and Conditions.
8. Participants with Special Needs or Disabilities. If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must call all relevant Service providers for your Expedition ahead of time and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special handicapped needs cannot be met. Marisa Marulli, LLC makes no guarantee as to the ability of any Accommodations, activity provider, or facilities advertised to meet the special needs of disabled clients.
9. Insurance. It is a condition of booking that the sole responsibility lies with Participant to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependants and traveling companions for the duration of their Expedition. This insurance should include coverage in respect of, but not limited to, the following eventualities: cancellation or curtailment of the Expedition, emergency evacuation expenses, medical expenses, repatriation expenses, damage, theft or loss of personal baggage, money and goods.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Marisa Marulli, LLC cannot be held responsible for denied entry if a Participant is unable to provide details to authorities of insurance or denial of entry for any reason.
Should you have to cancel your Expedition because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for Expedition and other travel costs. Purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions.
It is Participant’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. Marisa Marulli, LLC will take no responsibility for any costs for losses incurred or suffered by the Participant, or Participant’s dependants or traveling companions, with regards to, but not limited to, any of the above mentioned eventualities. Participants will be charged directly by the relevant service providers for any emergency services they may require, and may find themselves in a position unable to access such services should they not be carrying the relevant insurance coverage.
If you choose to travel without adequate insurance coverage, Marisa Marulli, LLC will not be liable for any of your losses howsoever arising, in respect of which insurance coverage would otherwise have been available.
10. Passports, Visas, Reciprocity Fees, and Travel Health Requirements. It is our international Customers’ sole responsibility to verify they have all the necessary visas, transit visas, and passports prior to travel to the United States. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Expedition. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/content/travel/en/us-visas/tourismvisit.html
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc. We cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE OR ENTRY INTO THE UNITED STATES OR ANY OTHER COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION.
11. Accommodations. “Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Participants including, but not limited to, hotels, quarters in ships and charters, motels, camp sites, and resorts. Marisa Marulli, LLC provides the accommodations for its Expeditions through third-party Suppliers and retains no ownership or management interest in those Accommodations. Marisa Marulli, LLC does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
Marisa Marulli, LLC makes no guarantees about the living standards in remote locations, but we will try to work with an Accommodation provider within the same category you purchased, if available, should serious problems as to habitability arise. Any additional costs, i.e. upgrades etc., will be borne by the Participant.
Pricing of Expeditions is per Participant. Please note certain Expeditions are advertised with single accommodation pricing, and others are advertised with double accommodation pricing with the option to pay a single supplement fee to ensure single accommodation. In Expeditions advertised with single accommodation pricing, if Participant desires to share accommodations they may do so but it will not affect their Expedition cost.
Marisa Marulli, LLC makes all reasonable efforts to accommodate occupancy requests, but is not responsible for what solutions are available. In the event a Participant purchases an Expedition at double accommodation, Marisa Marulli, LLC will make all reasonable efforts to accommodate occupancy requests for Participant’s roommate, but is not responsible for what solutions are available. In the event a Participant is not comfortable with his/her roommate, Participant will be responsible for securing an alternate solution and any financial increases to do so.
In the event Participant purchases an Expedition at double accommodation pricing, and there is such a number of total Expedition Participants that does not accommodate for Participant to have a roommate, Participant will be responsible for paying the difference to accommodate for Participant’s subsequent single occupancy.
If the Accommodation charges an additional fee for special occupancy requests the Participant will be solely responsible for that fee.
12. Activities Offered During Expeditions. Some activities on our Expeditions are physically active and interactive, so you must be in good physical condition and health to participate in them. An offered activity may not be appropriate for all ages or for individuals with certain medical conditions. Marisa Marulli, LLC may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Expedition description or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, during a stay out of the tourist season, or when the minimum number of Participants required for providing a given activity is not reached. In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions.
The opening hours of bars, restaurants, and discos, etc., may be irregular and dependent on the management of the establishment in question. Marisa Marulli, LLC cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARISA MARULLI, LLC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.
13. Marketing Materials and Illustrative Photos. Marisa Marulli, LLC endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Expedition.
14. Use of Media and Media Likeness. Any photographic likeness, video likeness or audio recordings of Participants, and any photography, video or audio recordings taken by Participant, (the aforementioned collectively referred to hereinafter as “Media and Media Likeness”) while on Expedition may be edited and used by Marisa Marulli, LLC and its agents, officials, representatives or assigned agencies including officers, employees or related personnel both individually and collectively in future marketing campaigns and on the Marisa Marulli, LLC website and social media accounts without any notification or compensation to the Participant. Participant grants Marisa Marulli LLC the absolute and irrevocable right to use, re-use, publish and re-publish the Media and Media Likeness in whole or in part, individually or in conjunction with other photographic images, and in art, editorials, advertising and trade, or any other purpose whatsoever including, but not limited to, the promotion of any websites or brands owned or operated by Marisa Marulli LLC without restriction as to alteration; by any medium or channel including but not limited to television, radio, newspaper or other periodical, Internet, or any other means whether electronic or otherwise; and to use Participant’s name, location, and/or any other identifying or potentially identifying information in connection therewith if Marisa Marulli, LLC so chooses.
Participant hereby releases and discharges Marisa Marulli, LLC from any and all claims and demands arising out of or in connection with the use of the Media and Media Likeness, including without limitation any and all claims for libel, invasion of privacy, or false light, and from any and all liability for damages of whatever kind, which may, at any time, result to Participant, Participant’s heirs, legal representatives, and assigns because of compliance with this authorization. This authorization shall also inure to the benefit of the heirs, legal representatives, and assigns of the Participant, as well as the persons for whom s/he took the Photographic Images.
15. Proper Conduct Required During Expedition. Participant understands that their
participation in an Expedition may be terminated at any time during the Expedition if Participant is disciplined by any civil or criminal authorities, our Suppliers, or if Marisa Marulli, LLC, in its sole discretion, determines that Participant's conduct or behavior is incompatible with the interests, safety or welfare of other Participants or our Service providers, their employees, or independent contractors. In the event of termination for conduct violations, Participant is responsible for arranging and paying for their own substitute travel and Accommodations, if necessary.
All Participants must obey the local laws and regulations of the places they visit on their Expedition, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. Marisa Marulli, LLC is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Participant’s failure to obey any local or federal laws. Participants hereby defend, indemnify, and hold harmless Marisa Marulli, LLC against any, and all third-party claims arising out of any conduct or omission in breach of these terms and conditions or that otherwise create liability for Marisa Marulli, LLC.
16. Legal Compliance Required During Expedition. All Participants must obey the local laws and regulations of the places they visit on their Expedition, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. Marisa Marulli, LLC is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Participant’s failure to obey any local or federal laws.
17. Medical and Physical Conditions. Anyone suffering from illness, disability, or undergoing treatment for any physical or other medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the Expedition. Failure to make such disclosure will constitute a breach of these Terms and Conditions and result in such persons being excluded from the Expedition in which case all monies paid will be forfeit and no refund for unused portions will be provided. Participants with disabilities are welcome and, depending on the nature of the disability, must always be accompanied by a companion capable of providing all required and needed assistance and must not require special assistance from Marisa Marulli, LLC or its suppliers. At the time of booking, Participants with disabilities must notify Marisa Marulli, LLC of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. Participants with disabilities should notify Marisa Marulli, LLC if ADA accessible accommodations are needed. Marisa Marulli, LLC will make all reasonable efforts to accommodate this request, but cannot be responsible if ADA accommodations are not available.
Participant certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Expedition.
Participants who have physical conditions wherein they must take medication daily should have back up medication in case the medication gets lost, or is rendered unusable. If Participant’s condition potentially requires EpiPens or other emergency tools, it is Participant’s responsibility to bring their own and a back up supply. Participant understands that in the event of injury to Participant, or exacerbation of Participant’s medical condition, Marisa Marulli, LLC may not be held responsible.
Marisa Marulli, LLC reserves the absolute right to decline a booking at their discretion. Travelers agree to accept the authority and decisions of the employees of Marisa Marulli, LLC, Expedition leaders and agents, while on the Expedition with Marisa Marulli, LLC. If in the opinion of such person the health or conduct of a Traveler before or after departure appears likely to endanger the safe, comfortable or happy progress of an Expedition, the Traveler may be excluded from all or part of the Expedition.
18. Medical Emergencies. Marisa Marulli, LLC is not responsible for the costs of any medical treatment you may require during an Expedition and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Expedition. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR EXPEDITION. Participant releases Marisa Marulli, LLC from any liability relating to any such medical care, whether secured by us on behalf of Participant, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
19. Special Dietary Requirements. While Marisa Marulli, LLC will do its best to accommodate dietary restrictions or preferences, for safety and liability reasons Marisa Marulli, LLC and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with diet and allergies. All scenarios and special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the Participant. While most meal establishments can offer general options, Marisa Marulli, LLC cannot guarantee that options will be available. Just in case, we recommend packing extra food/snacks if accommodations cannot be met. Should a group member have special dietary requirements, that group member shall be solely responsible for any additional expense to their meal plan.
20. Participant Complaints. If Participant has a complaint about any part of the Expedition, he/she must bring it to the attention of a representative of Marisa Marulli, LLC at the appropriate time so that they may use their best endeavors to rectify the situation. It is only if Marisa Marulli, LLC is made aware of any problems that there will be the opportunity to put things right. Making your complaint known to Marisa Marulli, LLC as a problem arises during your Expedition will allow us the opportunity to remedy the situation or facilitate compensation. Should the problem remain unsolved, a complaint must be made in writing to Marisa Marulli, LLC within 30 days of the completion of the Expedition.
21. Notices. Any notices required or permitted hereunder shall be given:
a. If to Marisa Marulli, LLC, via email to: email@example.com
b. If to Participant, at the email or physical address provided by Participant during the registration process.
c. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
22. Seller of Travel Registration Information. Marisa Marulli, LLC is registered with the California Department of Justice (SOT##2137194). Marisa Marulli, LLC is registered with the State of Florida as a Seller of Travel. Registration No. ST41774. Marisa Marulli, LLC is registered with the State of Washington as a Seller of Travel. Registration No. #604390112. Registration as a seller of travel does not constitute approval by these states. California, Florida and Washington laws require certain sellers of travel to have a trust account or bond to protect consumer’s money.
23. Limitation of Liability. IN NO EVENT SHALL MARISA MARULLI, LLC BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF MARISA MARULLI, LLC HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL MARISA MARULLI, LLC’S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARTICIPANT TO MARISA MARULLI, LLC UNDER THIS AGREEMENT. MARISA MARULLI, LLC OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY VENDORS. MARISA MARULLI, LLC RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, MARISA MARULLI, LLC DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
24. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY MARISA MARULLI, LLC ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARISA MARULLI, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH MARISA MARULLI, LLC. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
25. Indemnification and Release. Except as otherwise set forth herein, Participant hereby releases Marisa Marulli, LLC from any and all liability, loss, expense, damages, or claims arising out of or resulting from Participant’s participation in an Expedition, whether caused by the negligent or reckless conduct of Participant, a Service Provider, a provider of Accommodations, another third party, or otherwise.
Participant hereby also agrees to indemnify, defend and hold harmless Marisa Marulli, LLC from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against Marisa Marulli, LLC regarding, resulting from, or arising from Participant’s participation in an Expedition or Participant’s performance of this Agreement.
26. Additional Risks. Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with Marisa Marulli, LLC to participate in such trips and activities you agree you will not make a claim against Marisa Marulli, LLC, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release Marisa Marulli, LLC, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.
Where the Participant occupies a motor coach seat fitted with a safety belt, neither Marisa Marulli, LLC nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
27. Force Majeure. Marisa Marulli, LLC shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Marisa Marulli, LLC’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Marisa Marulli, LLC or deemed by Marisa Marulli, LLC to constitute a danger to the safety and well-being of Participants. Marisa Marulli, LLC reserves the right to cancel any Services described in an Expedition Itinerary due to Force Majeure.
28. Disputes. Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. These Terms and Conditions and the relationship between you and Marisa Marulli, LLC will be governed by the laws of the State of Florida without regard to its conflict of law provisions.
You and Marisa Marulli, LLC shall attempt in good faith to resolve any dispute concerning, relating, or referring to an Expedition, Services offered by us, our website, any literature or materials concerning Marisa Marulli, LLC, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Palm Beach County, Florida, and presided over by one (1) arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy.
Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.
You and Marisa Marulli, LLC agree to submit to the personal jurisdiction of the federal and state courts located in Palm Beach County, Florida with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. Customer and Marisa Marulli, LLC agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Palm Beach County, Florida and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND MARISA MARULLI, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
All Participant claims must be submitted in writing and received by Marisa Marulli, LLC no later than sixty (60) days after the completion of the Marisa Marulli, LLC Expedition. Participant claims not submitted and received within this time shall be deemed waived and barred.
29. Attorney’s Fees, Costs, and Expenses of Suit. If any act of law or equity, including an action for declaratory relief or any Arbitration Proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, an Expedition, Marisa Marulli, LLC’s website or any literature or materials concerning Marisa Marulli, LLC, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
30. Assignment. Participant may not assign his rights or obligations hereunder without the prior written consent of Marisa Marulli, LLC.
31. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Participant and Marisa Marulli, LLC agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
32. Waiver, Etc. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Parties do not guarantee they will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
33. Electronic Signatures. By electronically signing this agreement, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
Participant warrants they have read the terms and conditions stated above. By signing, Participant agrees to be responsible for any error in the accuracy of information they provide us, and warrants that the Participant, after consideration and with an opportunity to consult legal counsel, shall be bound by these Terms and Conditions, including the limitations of liabilities and cancellation policies herein. This is a fully enforceable and legally binding agreement.