Terms of Service
Helping Friendly Tour, LLC Purchase Policy (effective as of November 1, 2018)
Welcome to the Helping Friendly Tour, LLC (“HFT”) Purchase Policy (this “Policy”). This is a legally binding contract between you and Helping Friendly Tour, LLC (“Producer”, “we”, “us”, “our”), and is designed to ensure your satisfaction and understanding of the purchase process for certain events produced by us. If you are making a purchase on behalf of someone else, the Terms contained in this Policy shall also apply to that person(s) and it is your duty to inform such person(s) of this Policy. Please read this Policy carefully prior to purchasing any reservations to the Event
By purchasing a reservation to, and/or attending, the Event you acknowledge and agree to be bound by the terms and conditions set forth in this Policy. If you do not agree to this Policy, please do not attend the Event or purchase anything, or enter into any transaction, with Producer. Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice.
- Age Limits; Transaction Information; Revocable License; Refusal of Admission.
ALL SALES ARE FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. A reservation to the Event or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of Producer.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO PURCHASE A RESERVATION TO AND/OR ATTEND (WITH A VALID PHOTO IDENTIFICATION) THE EVENT. DEPENDING ON THE PARTICULAR EVENT, CHILDREN SEVENTEEN (17) YEARS OF AGE OR YOUNGER MAY ATTEND THE EVENT (FOR FULL PRICE) ONLY IF ACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN (WITH VALID PROOF OF SUCH) AT ALL TIMES. NOTWITHSTANDING THE FOREGOING, CERTAIN EVENTS, HOTELS OR RESORTS MAY HAVE HIGHER MINIMUM AGE REQUIREMENTS; PLEASE PAY ATTENTION TO ALL DETAILS OF EACH PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED PACKAGES.
A reservation to the Event is a revocable license. We reserve the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by us or the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”).
- Refunds and Exchanges
ALL SALES, PURCHASES, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR RESERVATION AND YOU WILL NOT RECEIVE A REFUND. A VALID PASSPORT IS REQUIRED FOR TRAVEL OUTSIDE OF THE UNITED STATES OF AMERICA. IF THE EVENT IS OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASE BE SURE THAT YOU HAVE A VALID PASSPORT PRIOR TO MAKING A PURCHASE, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON.
Before purchasing reservations, carefully review your event and your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to reservations you purchased. Upon purchase, you agree that the credit card that you have on file with us will be charged. If you have made a purchase as part of a Payment Plan, you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in the Payment Schedule outlined during your purchase process. You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your Payment Schedule, we will give you notice to the email you provided above and a period of 5 days to effect the payment. If we do not receive payment within such period, this Agreement will be deemed to be cancelled and all prior amounts will be forfeited. There are no additional fees or charges for a Payment Plan. Once your Initial Down Payment is received the price of the Purchased Items will not change. The Purchased Items will be set aside and held until the Final Payment made. You may pay the remaining balance at any time prior to the Final Payment. Without limiting the generality of the foregoing, you will not seek a “chargeback” from the company whose credit card you used to purchase reservations. Should you do so, your reservations may be canceled, and we may, in our sole discretion, refuse to honor pending and future reservation purchases..
- 3. Cancelled or Postponed Events; Refunds.
All HFT Events are RAIN OR SHINE events, unless otherwise expressly noted in writing. Without limiting the foregoing, weather or any other factor may make the Event impossible to produce or complete, in whole or in part. In such instances, except as required or suggested by applicable authority or law, we have the sole and absolute discretion in making the final determination of cancellation, discontinuation, postponement and/or refund availability. Without limiting anything set forth in this Section, if the Event is rescheduled, and you will not be able to attend the Event on the rescheduled date, you will be given an opportunity to request a refund prior to the rescheduled event date. Without limiting anything set forth in this Section, a reservation to the Event is not for a specific provider or aspect of the Event. providers, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of the Event are subject to change without notice and without grounds for refund. If we issue you a refund for a resevation due to a canceled or postponed event, we will issue a refund of the reservations value paid. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
- Representations and Warranties.
Without limiting anything set forth in this Policy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with Producer (b) you are of sufficient legal age and authority to enter into any transaction with Producer to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with Producer (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Producer and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with Producer and (f) you will not attempt to charge back your purchase with your bank or credit card company.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH HFT’S EVENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PRODUCER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You acknowledge and agree that by purchasing a reservation to the Event and/or attending the Event and/or using any corresponding amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PRODUCER. THE PRODUCER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE PRODUCER SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
- Release and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN WHOLE OR IN PART, THE PRODUCER NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF PRODUCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO PRODUCER FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your transaction with Producer, (b) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; and/or (c) your attendance at or in connection with the Event, including, without limitation, any Removal Behavior or other actions or omissions by you. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
- Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in this Policy is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Philadelphia County, Pennsylvania, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in this Policy is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of this Policy. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.
We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. BY MAKING YOUR PURCHASE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of this Purchase Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Purchase Policy and shall not affect the validity and enforceability of any remaining provisions.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venture’s or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. Producer may assign its rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and Producer relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by Producer. Any waiver of any provision of these terms must be in writing signed by Producer to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.