The following Terms and Conditions (the “Agreement”) shall govern the services and products (“Services”) provided by Leonard’s Cross, inc dba MMA Travel Adventures(“MMA Travel”, “Us”, or “We”). This Agreement represents the whole agreement and understanding between MMA Traveland the individual who purchased our service (“You”, “Your”).MMA Travel and You may be referred to as “Party” or “Parties”.
By purchasing MMA Travel’s Services, You agree to comply with all of the terms and conditions in this Agreement.MMA Travel’s Servicestypically consist of twenty-five (25) hours or more of seminar time geared towards Brazilian Jiu Jitsu; both Gi and no-Gi training sessions; open mat times; training time with other athletes who are also enthusiastic about Brazilian Jiu Jitsu; and, daily planned group events and activities such as beach breaks, live shows, poolside activities, sail away party.
For You to participate in the Services, You must purchase a cruise fare provided by Royal Caribbean (“Cruise Fare”). MMA Travel is a licensed seller of travel and may assist You with the purchase of the Cruise Fare.
Assumption of Risk: You understand and accept that participating in the Services is hazardous, with many inherent risks that mat result in injuries including death, physical, mental or emotional health issues. You acknowledge that You may visit a different provider for the services provided by MMA Travel; however, You desire to freely and willingly accept and voluntarily assumes all risk of injury or death which may occur with the Services or which may result from Your participation in activities associated with the Services and the inherent risks of such activities.
MMA Travel will make every reasonable effort to clean, prepare and maintain the space and equipment for safe activities, but there may be inherent risks and hidden dangers therein which were not discovered by MMA Travel. Inherent risks means those risks, which are listed in this Agreement, or those that can reasonably be inferred therefrom. You agree that these inherent risks include, but are not limited to, tripping hazards, broken bones, slipping, falling, property damage, and lost property.
Hold harmless / Indemnification: Therefore, in consideration of all the above, You agree that You hereby release, waive and shall not make any claim or bring any action for injury or death to You, which results from any such inherent risks, as You have agreed they are defined herein. To the extent allowed by law, You shall defend, indemnify, and hold harmless MMA Traveland its officers, directors, employees, shareholders, agents, successors, and assigns from and against any and all direct loss, damage, settlement, costs, or expense (including reasonable attorney’s fees), as incurred, resulting from, or arising out of (i) Your activities associated with the Services; (ii) any negligence, willful misconduct, or misrepresentation by You; (iii) any third party claim for the illness, injury or death of any person(s) or damage to property that may have resulted from the Services; (iv) any material breach of this Agreement by You; (v) Your failure to timely board the cruise ship; or (vi)any material breach of the Royal Caribbean Contract (defined below).
Royal Caribbean: The Services include cruise arrangements with Royal Caribbean referred to as Cruise Fare. As such, You understand and agree to Royal Caribbean’s Cruise/Cruisetour Ticket Contract, Royal Caribbean’s applicable terms and conditions, and any other applicable Royal Caribbean’s rules of conduct (collectively, “Royal Caribbean Contract”). A copy of the most current version of the Royal Caribbean Contract may be viewed at www.RoyalCaribbean.com. By purchasing and accepting the Services, You acknowledge that You have read, understood and agreed to the Royal Caribbean Contract.
Permission to Use Likeness: You hereby grant MMA Travel permission to use Your full name, nickname, image, likeness, voice, signature, photograph, and other elements or attributes of your persona, identity, or personality (the “Licensed Property”). You grant MMA Travel a non-exclusive license, with the right to sublicense or assign, and to make and use derivative works thereof for commercial and other exploitative purposes to the Licensed Property in perpetuity.
Travel Insurance. You are highly encouraged to purchase travel insurance for the Services. Travel insurance helps protect You in case something unexpected should arise. The pricing on the event website for the Services includes the cost of travel insurance that is provided by the cruise line. When You book the Services, Royal Caribbean should automatically book the travel insurance; however, it is Your responsibility to ensure You have the travel insurance and protection attached to Your booking. You ARE REQUIRED TO PURCHASE THE TRAVEL INSURANCE PROVIDED BY ROYAL CARIBBEAN AS A CONDITION OF PARTICIPATION. Additional travel insurance can be obtained as well. Details regarding the Royal Caribbean travel protection plan can viewed at www.RoyalCaribbean.com.
For information on additional insurance please contact Us directly by telephone or viahttps://mmatraveladventures.com/contact-us.
Refund. A breakdown of costs for the Services will be provided upon Your booking. You may cancel the Services at any time; however, a refund for the Services will only be permitted under certain circumstances. The refund schedule for the Cruise Fare may be found on Your Royal Caribbean Booking Confirmation. You agree that the Royal Caribbean Booking Confirmation will determine whether You may receive a refund for the Cruise Fare. The remaining Services provided by MMA travel are fully refundable until April 08, 2019. Unfortunately, MMA Travel will not provide any refund after April 08, 2019.
Cancelation by MMA Travel. MMA Travel reserves the right to cancel the Services for any reason whatsoever. In the event of cancelation, Your sole recourse is a refund of the amount paid for the Services. The Services may be canceled or modified depending on the number of participants. You understand that the Services require a minimum number of participates and instructors to operate. If the minimum is not met, the Services may be modified or canceled in the sole discretion of MMA Travel and a full refund for the Services will be issued to You.
Payment deadlines: In the event You book the Servicesprior to January 1, 2019, You must issue payment in full for the Services by February 8, 2019 (collectively, “Payment Deadline”). In the event You book the Services after January 2, 2019, You must issue payment in full within forty-five (45) days of booking, or by April 8, 2019, whichever comes first (collectively, “Payment Deadline”). In the event You book the Services after April 8, 2019, You must issue fifty (50%) percent of the total fee for the Services with the initial reservation and the remaining fifty (50%) percent within forty-five (45) days of booking, or by July 7, 2019, whichever comes first (collectively, “Payment Deadline”). In the event You book the Services after July 1, 2019, You must issue one hundred (100%) percent of the total fee for the Services with the initial reservation (collectively, “Payment Deadline”).
In the event You refuse or fail to issue payment in full on or before the Payment Deadline, the Services and Your booking may be canceled in the sole discretion of MMA Travel. If the Services and booking are canceled as provided for herein, a refund will only be permitted on a case by case basis.
Any deposit concerning the Cruise Fare will not be applied towards the remaining Services.
Intellectual property and Confidentiality: You agree that MMA Travelhas trade secrets and confidential information that are valuable by nature and not known to MMA Travel’scompetitors or the general public. You agree that such confidential information has a value and is entitled to perpetual protection from competitors and others. You agreeto hold in the strictest confidence and not to divulge to others, not to use to the detriment of MMA Travel, and not to use in any business competitive with or similar to any business of MMA Travel, any of MMA Traveltrade secrets or confidential information without first obtaining the written permission of MMA Travel. You shall not, without MMA Travel’s prior written consent, copy, duplicate, record or otherwise reproduce documentation concerning the Services, in whole or in part, or otherwise make it available to any person not required to have access to its contents. In the event of a breach or threatened breach by You of the provisions of this paragraph, MMA Travelshall be entitled to obtain a temporary restraining order and a preliminary injunction, without the obligation of posting a bond, restraining You from violating the terms of this paragraph or from rendering services to any person or entity to whom MMA Travel’strade secrets or confidential information has been disclosed or are threatened to be disclosed and for whom You are working or rendering services or threatens to work or render services. Nothing set forth in this Agreement shall be construed as prohibiting MMA Travelfrom pursuing any other remedy available to it for such breach or threatened breach of this paragraph, including, without limitation, recovery of damages from You.
As used herein, the term “Confidential Information” shall mean any and all information, regardless of whether kept in a document, in an electronic storage medium, or in Your memory, and includes but is not limited to all data, compilations, programs, devices, strategies, concepts, ideas, and methods concerning or related to the Services.
As used herein, “Trade Secrets” includes certain Confidential Information and means, as provided in the Uniform Trade Secrets Act (Civil Code §3426.1(d)), without limitation, information, including a formula, pattern, compilation, program, device, method, technique, or process that (a) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
You acknowledge and agree that MMA Travelis engaged in the highly competitive business of group martial arts events and have expended, or will expend, significant sums of money and has invested, or will invest, a substantial amount of time to develop and use, and maintain the secrecy of, the Confidential Information and Trade Secrets. MMA Travelhas thus obtained, or will obtain, a valuable economic asset that has enabled, or will enable, it to develop an extensive reputation and to establish long-term business relationships with its suppliers, customers, and vendors. If such Confidential Information or Trade Secrets were disclosed to another person or entity or used for the benefit of anyone other than MMA Travel, MMA Travelwould suffer irreparable harm, loss, and damage. Accordingly, You acknowledges and agrees that:
1. The Confidential Information and Trade Secrets are, and at all times hereafter shall remain, the sole property of MMA Travel.
2. You shall use Your best efforts and utmost diligence to guard and protect Confidential Information and Trade Secrets from any unauthorized disclosure to any competitor, supplier, vendor, or customer of MMA Travelor any other person, firm, corporation, or other entity.
3. Unless MMA Travelgives You prior express written permission, You shall not use for Your own benefit or use for or disclose to any competitor, supplier, or customer, or any other person, firm, corporation, or other entity, the Confidential Information or Trade Secrets as set forth herein.
Affirmative Defense; Acknowledgement of Understanding: This Agreement may also be plead as an affirmative defense to any claim that You might make as a result of anyillness, injury or death of any person(s) or damage to property, which You may sustain as a result of the Services.
No Warranty. Except as expressly stated herein, and to the maximum extent permitted by applicable law, MMA Travel makes no other express warranties, written or oral, and disclaims all implied warranties. Insofar as permitted under applicable law, all other warranties are specifically excluded, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising by statute, operation of law, course of dealing or performance, or usage of trade.
LIMITATIONS OF LIABILITY. MMA Travel’sTOTAL LIABILITY AND Your SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER, ARISING OUT OF THIS Agreement OR the services PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY MMA Travel’s SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED THE PRICE PAID TO MMA TravelFOR THE SERVICES RENDERED HEREUNDER. EXCEPT WITH RESPECT TO CLAIMS REGARDING VIOLATION OF MMA Travel’sINTELLECTUAL PROPERTY RIGHTS, NEITHER You NOR MMA TravelSHALL HAVE LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE), EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
Governing Law. This Agreement will be interpreted and enforced in accordance with the laws of the State of California, regardless of any principles of conflicts of laws or choice of laws of any jurisdiction.
Arbitration and Jurisdiction. Any disputes arising under, or in connection with, this Agreement shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one arbitrator to hear and determine the dispute. If the parties cannot agree, then the Superior Court of Sacramento County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. The cost of the arbitrationshall be borne by the losing party or in such proportion as the arbitrator shall decide. The prevailing party in any action or proceeding to enforce any provision of this Agreement will be awarded attorneys' fees and costs incurred in that action or proceeding. The sole and exclusive venue for the arbitration and or any legal dispute shall be Sacramento County, California.
Force Majeure. MMA Travel shall not be liable to YOU for delays or failures in performance resulting from causes beyond the reasonable control of MMA Travel, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, casualties, or the illness or injury of an instructor.
Amendments: This Agreement may be modified or amended at the sole discretion of MMA Travelat any time, with or without notice.
Notices. All notices required pursuant to the terms of this Agreement or applicable law must be in writing and will be deemed given when delivered by electronic mail, by hand, two (2) calendar days after being deposited with an overnight courier, or five (5) calendar days after mailing, postage prepaid, by registered or certified mail, return receipt requested, to the below address:
P.O. Box 293152
Sacramento, California 95829
Disclaimer.MMA Travelis not affiliated with Royal Caribbean. MMA Travel is registered with the State of California with Seller of Travel registration number 2134209.
Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
Construction. Except as otherwise provided, this Agreement:
Constitutes the entire understanding between the Parties concerning the subject matter hereof. No other prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the Parties relating to the subject matter hereof and not embodied in this Agreement shall be of any force or effect. If any provision of this Agreement shall for any reason be held to be invalid, unenforceable, or contrary to public policy, whether in whole or in part, the remaining provisions shall not be affected by such holding;
Inures to the benefit of, and is binding on, the respective successors, assigns, distributees, heirs, and personal representatives of the parties. No provisions of this paragraph, however, shall be a consent to the assignment or delegation by any party to this Agreement of its respective rights and obligations created pursuant to the provisions of this agreement;
Shall not be interpreted by reference to any of its titles or headings, which are inserted for purposes of convenience only;
Is subject to the waiver and release of any of its requirements, as long as the waiver or release is in writing and signed by the party to be bound, but any such waiver or release shall be construed narrowly and shall not be considered a waiver or release of any further, similar, or related requirement or occurrence, unless expressly specified;
No modifications of or amendments to this Agreement will be effective unless in writing and signed by both Parties; and,
Time is of the essence in this Agreement.