High 5 Tours TERMS & CONDITIONS
High 5 Incorporated, (High 5 Tours)
YOUR PARTICIPATION IN THIS VACATION PACKAGE, TOUR, HOTEL STAY, OR EVENT IS AN ACKNOWLEDGEMENT BY YOU THAT YOU WILL ACT AS A MATURE ADULT AND WILL BE RESPONSIBLE FOR YOUR OWN DECISIONS. BY ACCEPTING OUR TERMS AND CONDITIONS “THIS AGREEMENT,” YOU ARE ACKNOWLEDGING YOUR PERSONAL RESPONSIBILITY FOR YOUR BEHAVIOR AND YOU ARE RELEASING HIGH 5 INCORPORATED, HIGH 5 TOURS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, COLLECTIVELY REFERRED TO AS “THE COMPANY” FROM ANY LIABILITY RESULTING FROM ANY INJURY SUFFERED BY YOU AND ARE INDEMNIFYING THE COMPANY FROM ANY LIABILITY RESULTING FROM ANY ACTION TAKEN.
This document creates a contractual relationship between The Company and you, the “Customer.” After reading this entire customer agreement (the “agreement”), in order for your travel or vacation package reservation (“vacation package,” “trip,” or “reservation”) to be completed, you must indicate your acceptance of our terms and conditions and this agreement in it’s entirety. Accordingly, failure to accept our Terms and Conditions and or this agreement will prevent you from completing your reservation of a vacation package with High 5 Incorporated.
I. PARTIES TO THIS AGREEMENT A. TOUR OPERATOR: High 5 Incorporated, (collectively with its owners, directors, officers, employees and agents herein referred to as “High 5 Tours”, “we”, “our” or “us”) has arranged the Vacation Package described within this agreement. The traveler (herein referred to as “Customer”, “Participant”, “I”, “you” or “your”) who has reserved a Vacation Package as described in this agreement and who intends to participate in the Vacation Package so reserved and by such participation and payment as provided for in this Customer Agreement (“Agreement”) hereby agrees to be bound by and subject to the terms and conditions of this agreement.
A. All tour participants must be at least 21 years old. ID’s are required at check in and to be carried at all times while on the tour. Non US Citizens must carry valid Passports at all times. No refunds will be given to people that do not meet this age requirement or maintain proper valid identification throughout cannabis related activities. High 5 Incorporated requires all attendees to carry proper identification/proof of 21 years of age or older. Attendees who are denied entry for improper documents/failure to provide required information receive no refunds. Expired forms of documentation are not valid under any circumstances.
II. RESERVATIONS AND PAYMENTS A. RESERVATIONS: All reservations MUST be made through the website or over the phone. We do not accept reservations for any tours through any of the following channels: email or direct messaging.
B. PAYMENT TYPES: Credit Card/Non-Cash Payments: High 5 Incorporated accepts Visa, MasterCard, American Express and Discover. You may make credit card payments on our secure website. Customers paying by credit card or over the phone agree to all terms and conditions contained herein and agree to waive all chargeback rights. All accounts not paid in full by final payments due date are subject to cancellation.
III. CANCELLATIONS All public tours, classes, hotels, vacation packages, and other services are fully refundable, if your cancellation request is made 14 business days prior to your service date; the remainder of your money will be refunded within 14 business days of your request. If your cancellation request is made within this 14-day period before your reservation date, all fees paid are non-refundable but we will issue you a credit to use in the amount of your order that you may use for up to a year. There are no refunds nor credits given to guests that cancel within 48 hours of the reservation date, show up late, or do not show up at all for all our products and services, no matter the circumstances. Hotels must be canceled more than 48 hours in advance to receive a credit.
THERE ARE NO REFUND FOR PRIVATE TOUR BOOKINGS.
If you accidentally booked the wrong date and do not notify us 24 hours before the incorrect reservation date, we will not be able to switch you to your preferred correct date without charging you in full for another booking. Please verify that your cancellation request has been accepted by one of our agents by calling us or by writing us an email. If you do not receive an email back from us confirming your cancellation, it has not processed. In the event High 5 Incorporated changes or cancels an arrival or departure date of your tour, you have the right to receive a full refund. Changes and fees for products, services, attractions or excursions to be supplied in addition to the base Vacation Packages are non-refundable. Non-refundable fees include, but are not limited to: returned check fees, reinstatement/cancellation/late payment fees, processing fees, reservation change fees, transfer fees. Customer(s) will not receive any refund for any unused accommodations, flights, or other Vacation Package features if they leave the vacation, regardless of reason.
IV. RESERVATION CHANGES A. NAME CHANGE Name changes may be allowed whenever possible. Please contact High 5 Tours (High 5 Incorporated) as soon as possible to request a name change on your vacation package. In most circumstances, High 5 Tours is subject to the rules and fees of third-party vendors and may not be able to accommodate all name changes requests. If a name change cannot be accommodated, the cancellation policy outlines in Section IV here will apply.
B. LAST MINUTE RESERVATIONS: Reservations will be accepted up to the day of departure as long as space is available. High 5 Incorporated reserves the right to require certified funds from individuals for reservations made after final payment due date.
V. CUSTOMER SERVICE/ASSISTANCE Please call 1-503-303-2275 or email High 5 Incorporated at [email protected] for all inquiries. If a problem was not resolved during your Vacation Package, please write to our Customer Service Department at: 1937 NE Pacific St Portland, OR 97211 within 30 days of your return. Failure to correspond with our customer service department within 30 days of your return date will release The Company from any and all claims and liability.
VI. REMOVAL OF CUSTOMER FROM TRIP High 5 Incorporated reserves the right to remove a customer from a trip for any reason. Removal reason can include any person that violates any state or local law pertaining to the possession or use of cannabis, any federal, state or local law pertaining to issues other than cannabis, is disruptive to others, or constitutes a danger to himself/herself or others. In addition, the customer acknowledges that the hotel may remove a customer from the hotel for similar reasons. The customer will not receive any refund for the remaining portion of the trip.
VII. FIRST AID Any major trauma or severe accident will be handled by local emergency personnel. The Companies staff cannot give medical advice or anticipate complications from an injury (whether the injury is minor or major). By accepting these terms and conditions, you hereby release, waive, discharge, hold harmless and agree to indemnify The Company, and its owners, officers, directors, and employees from any and all claims, actions or losses which may arise or occurred during your accommodations .
VIII. MEDICAL AUTHORIZATION: I hereby authorize any medical treatment reasonably necessary for any injury which I incur while participating in this Trip.
IX. MEDICAL EXPENSES: I either have medical insurance or, in its absence, agree to pay all costs or rescue and/or medical services as may be incurred by me or on my behalf during such Trip.
X. TRANSPORTATION High 5 Incorporated will provide as much information as possible regarding bus/car transportation schedules at the time of reservation; however, this information is considered tentative and subject to change without notice per the operator’s option plan. Due to the inherent variables involved in travel such as weather, traffic, etc., any arrival times provided by The Company should be considered approximate and The Company assumes no responsibility for their accuracy or actual length of travel time.
XI. ARBITRATION I agree that any dispute concerning, relating, or referring to this contract, the website or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration in the state of Oregon, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by substantive Oregon law.
XII. WAIVER OF JURY TRIAL In connection with any action or legal proceeding arising out of this agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
XIII. EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION If the right to seek arbitration is for any reason waived by both parties, this agreement and any actions and proceedings brought hereunder shall be governed by the laws of the State of Oregon, without regard to conflicts of law principles. Any action or legal proceeding to enforce any provision of, or based on any rights arising out of, this agreement shall be brought exclusively in the courts of Oregon, and all of the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in Oregon of the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.
XIV. SEVERABILITY The invalidity or un-enforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances.
XV. WAIVER Any failure by either Party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms and conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such Party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
XVI. EXCLUSIVITY Except as otherwise expressly provided to the contrary, the right herein granted and this Agreement are for the benefit of the Parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales activities of The Company and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.
XVII. HEADINGS All headings are for convenience only and shall not affect the meaning of any provision of this Agreement.
XVIII. RESPONSIBILITY I hereby agree to accept and be legally bound by this Customer Agreement and all of the terms and conditions contained herein with no exceptions. I understand that High 5 Incorporated (aka “High 5 Tours”) does not own or operate any entity which provides goods and services my trip including , for example, air carriers, hotels, ground operations, boat or bus companies, restaurants, clubs, sightseeing establishments, etc. The company is not responsible for printed errors or forged signatures.
* I certify that I am 21 years of age, physically fit, have sufficiently prepared for participation in this tour, and have not been advised to not participate by a qualified medical professional.
* I certify that there are no health-related reasons, or problems, which preclude my participation in this activity.
* I acknowledge that this Accident Waiver and Release of Liability form will be used by the tour and event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
* In consideration for my purchase of the ticket of admission and my desire to participate in the various events and tours, I hereby knowingly take action for myself as a responsible adult, as well as for my executors, administrators, heirs, next of kin, successors, partners and assignees as follows: (A) I HAVE CONSIDERED AND KNOWINGLY AGREE TO WAIVE, RELEASE, AND DISCHARGE from any and all liability or implications of liabilities, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from the various events and tours, THE FOLLOWING ENTITIES OR PERSONS: High 5 Incorporated, High 5 Tours and/or their directors, officers, contractors, sub-contractors, employees, volunteers, representatives, and agents, and the activity holders, and sponsors; (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or implications of liabilities or claims made as a result of participation in this tour, whether caused by the negligence of the released parties or otherwise.
* I acknowledge that High 5 Incorporated, LLC and High 5 Tours and their directors, officers, contractors, sub-contractors, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
* I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for over-intoxication, death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
* I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
* The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
* I agree that this contract shall be governed by the laws of the State of Oregon.
IMPORTANT NOTICE: Our website allows you receive important updates and notice regarding your trip. All communications will be emailed, nothing will be mailed.
RIGHTS FOR FOOTAGE CAPTURED:
RELEASE OF LIABILITY WAIVER REQUIREMENT:
ACKNOWLEDGEMENT By checking the “I AGREE BOX,” I indicate that I have, on the date entered, read and understood this document and the liability form and I acknowledge that it affects my legal rights and agree to be bound by its terms. By AGREEING I signify my intention to relieve and indemnify The Company, its owners, officers, directors, employees, agents, contractors, subcontractors, from any liability for personal injury, property damage or wrongful death which I might suffer during my participation in the scheduled vacation package. Furthermore, I acknowledge that I have read, understood and hereby agree to the terms and conditions of this trip set forth above and herein and confirm I am at least 21 years of age and I will have a valid identification card present with me during my tour.