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Maximum Impact Enterprises Terms and Conditions

Last Modified: May 22, 2023

 

Introduction

The following Terms and Conditions are entered into by and between Maximum Impact Enterprises LLC (“Company”, “we”, or “us”) and Clients of the Company (“participant(s)” “you” “travelers”). Unless the distinction is made between “primary participant(s)” and “guest(s) of the primary participant”, all persons traveling and/or engaging with the Company are collectively considered “participants.” These Terms apply to all participants traveling with us. Only a parent or legal guardian can agree to the Terms on behalf of a child or minor (a person under the age of 18).

 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms” or this “Agreement”), govern your access to and use of our travel services and products (“Services”) or website www.maximumimpacttravel.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

 

Third-party sellers of travel related services that operate in conjunction with us may be referred to as “Vendors.”

  

Please read the Terms of Use carefully before you start to use the Website. By placing an order, submitting a deposit, using the Website, or clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms in addition to our Privacy Policy at https://www.maximumimpacttravel.com/privacy-policy - all of which are incorporated herein by reference.

 

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE INCLUDING THE AGREEMENTS INCORPORATED BY REFERENCE HEREIN, YOU MUST NOT ACCESS OR USE THE WEBSITE. YOUR FULL ACCEPTANCE OF THESE TERMS IS AN ESSENTIAL CONDITION TO US GIVING YOU ACCESS TO OUR WEBSITE, PRODUCTS, AND SERVICES, AND ACCEPTING ANY ORDER FROM YOU.

 

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

 

BY USING OUR PRODUCTS OR SERVICES OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM US, YOU AFFIRM THAT YOU ARE AND END-USER AND THAT YOU ARE NOT PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY NOT INDICATED ON YOUR ORDER OR CONTRACT, AND THAT YOU ARE NOT UTILIZING OUR WEBSITE OR PLACING AN ORDER FOR COMPETITIVE OR REGULATORY USE.

 

WE MAY REVISE AND UPDATE THESE TERMS OF USE FROM TIME TO TIME IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM, AND APPLY TO ALL ACCESS TO AND USE OF THE WEBSITE THEREAFTER.

 

THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

 

YOU EXPRESSLY AGREE THAT YOU AS AN INDIVIDUAL, YOUR BUSINESS (WHEN APPLICABLE), AND EACH OF ITS OWNERS (WHEN APPLICABLE) WILL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR UNDERSTANDING AND UPHOLDING THESE TERMS AND WILL EACH BE JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH, TO THE FULLEST EXTENT OF THE LAW.  YOU FURTHER WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ACT ON BEHALF OF AND CONTRACTUALLY BIND YOUR BUSINESS AND EACH OF ITS OWNERS.  ALL REFERENCES IN THESE TERMS FOR “YOU” AND “YOUR” SHALL INCLUDE YOU, YOUR BUSINESS, AND EACH OF YOUR BUSINESS’ OWNERS.

Changes To These Terms

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Payments, No Refunds, and Cancellation Policy

 

The Company has a no refund policy.

 

By making your deposit, you confirm that you have read and agree, without exception, to the Terms.  If you fail to comply with any of the Terms or complete any requirements that include, but are not limited to, federal, national, international, or airline requirements, your payments will be forfeited and no refunds will be issued.

 

If you voluntarily cancel a trip or any activity on a trip (e.g., tours, excursions, etc.) for any reason, your payments will be forfeited, and no refunds will be issued.  Should you decide not to participate in certain parts of the trip or use certain goods included in the trip, no refunds will be made for unused parts of the trip or goods.

 

Purchasing travel insurance may be the best way to protect yourself from financial losses you might incur as result of unanticipated circumstances that may affect you or a family member, including, but not limited to, circumstances such as illness, death, injury, or loss of job.

If there is no payment activity on your account (and there is a balance due) for more than 60 days, we reserve the right to cancel your reservation with no refund.

TOTAL BALANCE DUE (I.E. ALL INSTALLMENT PAYMENTS AND FEES) MUST BE RECEIVED NO LESS THAN 15 DAYS PRIOR TO THE TRIP START DATE. IF A GUEST HAS ELECTED TO USE A PAYMENT PLAN AND THE PAYMENT(S) ARE PAST DUE MORE THAN 10 DAYS, WE RESERVE THE RIGHT TO CANCEL THE RESERVATION AND ALL PAYMENTS WILL BE FORFEITED.

If you or any participant accompanying you has a balance remaining for any reason, you and/or the applicable participant(s) will not be allowed to join the trip and all payments will be forfeited.

Electronic Payment Authorization

By choosing credit/debit card or ACH as your method of payment, as applicable, you agree that you have read, understand, and agree to these Terms constitute a “writing signed by you" under any applicable law or regulation, and that us providing proof of your purchase from us is all that is necessary to establish the legitimacy of any charge to your credit card agency, banking institution, or payment processor, and is therefore sufficient support documentation to deny any chargeback or payment reversal initiated by you or on your behalf.

By choosing credit/debit card or ACH as your method of payment you hereby authorize our Company (or our agent) to initiate one or more ACH debit entries (withdrawals) and you authorize the financial institution that holds your bank account to deduct such payments, in the amounts and frequency designated in your payment plan; and you authorize our Company (or our agent) to charge your card; and you consent to the assessment of additional fees and costs if your bank debit or credit card either are declined or issue a refund without our authorization.

Chargebacks and Defaulted Payments

 

You agree to reimburse us for all collection and/or legal fees and expenses necessitated by lateness or default in payment.  You further understand and agree that you, your guests, and your company (when applicable) and each of its owners shall be jointly and severally liable for all payments and obligations under these Terms, and as such, will be subject to any disclosure and collection efforts.

You agree and understand that all payments, including but not limited to credit card charges, checks, and wire transfers, for the purchase of any products or services of Company are irrevocable and may not be charged back now or in the future, by you or your credit card company, banking institution, or payment processor.  Your direct or indirect initiation of a chargeback is a material breach of this Agreement for which we shall be entitled to recover attorney fees, costs associated with addressing a chargeback, the original amount challenged, and any additional costs we incur as a result of your breach.

If a payment reversal/chargeback is initiated by you or on your behalf and Company is not fully reimbursed for the reversal/chargeback within ten (10) calendar days, Company reserves the right to turn those charges and your information over to third parties for collection, report you to one or all credit reporting agencies, and pursuing other legal remedies which we hereby explicitly reserve. We shall have at our sole disposal any other legal remedy we independently choose to pursue for any collection against you.

If you file a false payment dispute (or we discover that any part of your dispute is false), we reserve the right to ban you from all future trips. 

Notwithstanding anything in these Terms or our Privacy Policy, or other terms to the contrary, we explicitly reserve the right to use and disclose your, your business’, and your guests’ personal and sensitive information to third parties to the extent reasonably necessary to collect payments and enforce our legal rights.  The information disclosed may include, but is not limited to, names, email addresses, purchase date, purchase amounts, and billing addresses related to your account. 

You further agree that our Company providing proof of your purchase from us is all that is necessary to establish the legitimacy of any charge to your credit card agency, banking institution, or payment processor, and is therefore sufficient support documentation to deny any chargeback or payment reversal initiated by you or on your behalf. 

In addition to other legal rights and remedies we hereby reserve, we expressly reserve the right to accelerate all amounts due to us in connection with this Agreement and declare all amounts as immediately due and payable in the event that you breach these Terms or fail to make timely payments as they come due. 

The terms in this section shall survive termination of the Agreement.

Travel Insurance

 

We do not provide travel insurance, however, we strongly recommend that you purchase travel, trip cancellation, medical, and baggage insurance with a “cancel for any reason” level of coverage in order to help protect you against losses related to penalties, cancellation charges, lost baggage, and medical expenses. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more to correct the situation. Purchasing travel insurance with the “cancel for any reason” option may protect you from financial losses that you might incur.

 

Because you need to buy travel insurance and/or medical travel insurance within a certain amount of time after purchasing your trip and/or making a reservation, you are strongly encouraged to purchase a travel insurance policy that meets your needs as soon as possible after making your reservation. Keep in mind that medical travel insurance is not the same as travel insurance. We also recommend that you purchase medical travel insurance to cover any unanticipated events. ALL payments made to and through us are non-refundable.

 

Although we do not sell travel insurance, we recommend using a reputable company such as travelguard.com or insuremytrip.com.

Outstanding Hotel or Accommodation Charges

 

You shall be held solely responsible for the payment of any outstanding hotel or accommodation charges, purchases, bills, debts, gratuities, taxes, and any other outstanding fees incurred on behalf of you or your guests. The Company will under no circumstances be responsible for costs associated with any outstanding hotel or accommodation charges incurred on behalf of you, your guests, or other Participants.  Furthermore, should we incur any charges, debts, or liabilities on your behalf or in connection with your reservation or trip, you hereby give us full authorization to bill any of your payment methods on file in order to fully satisfy any of those outstanding charges, debts, or liabilities that remain at the conclusion of a tour.

Child Discount Rate

 

If a minor is a trip Participant, in order to take advantage of the “Child Discount” rate (if applicable), said minor must be older than 5 years of age and younger than 12 years of age AT THE TIME OF THE TRIP. If a Participant is below the age of 12 at the time of trip registration and thereafter reaches their 12th birthday before or during the trip, the minor trip Participant will no longer be eligible for inclusion in the “Child Discount” rate (if applicable) and will have their account adjusted to reflect the accurate adult rate. The parent or guardian will be solely responsible for any fees or penalties associated with the exclusion from the “Child Discount” rate.

Participant Changes to Reservation

Making participant, name, or information changes for any reason after a booking is made is strictly prohibited without expressed WRITTEN permission from the Company. If any changes to your reservation or trip are made directly with Vendors and/or without our expressed WRITTEN permission, we reserve the right to cancel the reservation without refund.  If we authorize a participant, name, or information change, then the corresponding administrative fees will depend on departure dates as per the following guidelines: 90 or more days before departure will incur an administrative fee of $250 plus any applicable charges; 30-90 days before departure will incur an administrative fee of $450 plus any applicable charges; and 0-30 days before departure changes will not be permitted. Changes can only be actualized if permissible by the designated airline and/or corresponding vendors for a given trip, tour, or activity. Any applicable change fees required by airlines or vendors will be in addition to our administrative fees and will be incurred by the booking party. If we are unable make changes because your request falls outside of the designated airline and/or corresponding vendors’ time frame, your payments, including but not limited to administrative fees, change fees, and installments, will not be reimbursed.

Airfare

Unless otherwise explicitly stated on the booking page, airfare of any kind is not included in the package price of any trip. If requested by us, you are responsible for sending us proper flight information. For those booking their flight using the “WITH AIRFARE” option, your flights will not be fully booked with the airline until all payments on the entire balance and fees due have been received by us.

Occupancy Selection

 

We will not pair two single participants within double occupancy accommodations. If you are a single participant, please be sure to select the single occupancy option. Only select the double occupancy option if you are traveling with a companion. If it comes to our attention that you have selected the double occupancy option incorrectly, you will be required to pay the difference in price of a single occupancy accommodation.  Non-payment of any outstanding amounts due will subject your trip to our cancellation policy as detailed above in the section Payments, No Refund, and Cancellation Policy.

Guests of Participant

 

You and each primary participant is responsible for communicating trip details, disclaimers, and these Terms to any guest that is registering for a specific trip. We assume no liability for information that is not communicated to your or the primary participant’s guests. Any adult guests of a participant may be required to affirmatively agree to these Terms. If a guest declines to do so, we reserve the right to refuse services to that guest and any payments made thus far on behalf of the guest will be forfeited.

Children Traveling with One Parent, Someone Who Is Not a Parent/Legal Guardian, or Traveling in a Group

 

At all times during the trip children under sixteen (16) years of age must be supervised by a parent(s) or guardian(s) who will bear ultimate responsibility of their actions.

 

Foreign border officials, airlines, or other officials may require custody documents or written consent from the other parent/both parents for children traveling (a) with one parent, (b) with someone who is not a parent or legal guardian, or (c) in a group.  You agree to gather, safeguard, and furnish any necessary documentation for any minors accompanying you on any trip, tour, or activity.

Communications and Timely Completion of Requests for Information

 

We will communicate with you primarily through email and official announcements on our Websites.  It is extremely important that you monitor your emails, including your spam and junk folders, for any announcements, communications, and requests for information.

 

You and other Participants may from time to time be required to submit information or documentation related to your trip.  It is extremely important that you respond with the requested information within the designated timeframe outlined in the request. Any failure to submit requested information or documentation WITHIN THE DESIGNATED TIMEFRAME shall render you solely responsible for all consequences associated with such failure, including but not limited to any and all fees associated with visa processing, international or domestic airfare, hotel reservations, activities, excursions, etc., and may subject your reservation and trip to cancellation.  It is your sole responsibility to submit any information or documentation requested within the appropriate timeframe prior to departure. If your trip is cancelled and/or you are unable to travel because you have failed to timely respond to any requests, your payments will not be reimbursed.

Passports

 

U.S. citizens traveling to any destination outside of the United States will be required to present a valid U.S. passport. Passports must be valid for 6 months past the return date. Some countries require a visa for transit or entry. All names on documents must match the legal name on your photo I.D., and travel document information must match tickets. Please check the State Department website at https://travel.state.gov for further information.

 

It is your sole responsibility to obtain any necessary documentation for travel within the appropriate timeframe prior to departure. If your trip is cancelled and/or you are unable to travel because you have failed to secure the necessary travel documentation, your payments will not be reimbursed.

Visas

 

Some countries require a visa to enter. Without a valid visa, you may be denied entry into the country. You can find out if you need a visa by visiting the embassy website of the country you’ll be traveling to. You may also contact us with any questions.

 

It is your sole responsibility to obtain any necessary visas for travel within the appropriate timeframe prior to departure. If your trip is cancelled and/or you are unable to travel because you have failed to secure the necessary visas, your payments will not be reimbursed.

Vaccinations

 

The country you are traveling to may require proof of vaccinations. Without proper vaccinations, you may be denied entry into the country. We recommend visiting http://wwwnc.cdc.gov/travel/ to find the latest information on health notices and recommended/required vaccinations for the countries you’ll be visiting. Immunizations may also be required.

 

Failure to comply with these vaccination/immunization regulations may result in denied boarding, denied entry, and/or government-imposed fines.

 

If you are a citizen of another country, there may be additional requirements. Check with the nearest consulate or embassy of the destination you are traveling to and find out the entry requirements for non-U.S. citizens.

 

It is your sole responsibility to obtain any necessary vaccinations for travel in the appropriate timeframe prior to departure. If your trip is cancelled and/or you are unable to travel because you have failed to obtain the necessary vaccinations/immunizations, your payments will not be reimbursed.

 

COVID -19

 

Each participant is responsible for their own COVID-19 testing and requirements for each country visited. In the event of a positive test result, participants will be responsible for any fees associated with a quarantine.

 

It is your sole responsibility to obtain any necessary COVID-19 tests for travel in the appropriate timeframe prior to departure. If your trip is cancelled and/or you are unable to travel because you have failed to comply with the applicable COVID requirements, your payments will not be reimbursed.

Vendor and Other Third-Party Services

 

We offer retail travel services to participants, which are provided by separate and independent vendors of travel services. We do not operate, control, or otherwise provide the services of the independent, third-party travel vendors. Hence, you and other participants agree that our Company acts only as agent in acquiring transportation, hotel accommodations, sightseeing, and other services for your benefit.

 

As an express condition precedent to placing an order with us and our acceptance of that order, you  hereby accept these Vendor and third-party services and acknowledge that we shall not be responsible for any loss, accident, property damage, personal injury, delay, defect, or irregularity which may occur – whether by reason of any act of omission, negligence, or default of any vendor, company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.

 

Information that we publish in our brochures, collateral material, and Websites is offered as a benefit to you and other participants and is believed to be accurate and reliable. We make no representations or warranties regarding such information, or any information provided by a Vendor or third party. Unless expressly stated in writing, we do not endorse the products or services offered by any company or person identified in our brochures, collateral material, or website, nor are we responsible for any content published by a Vendor or third party.

Itinerary Modifications, Substitutions, and Cancellations

 

We will make reasonable efforts to keep the published trip itinerary; however, in the event of an unexpected change, we reserve the right to modify any trip itinerary with a comparable activity or accommodation, including but not limited to hotel and transportation accommodations, without refund or compensation to you. The final itinerary may vary due to availability and factors beyond our control, and we may use our exclusive discretion to substitute services, accommodations, or goods of similar quality.

 

If a trip, tour, or activity is cancelled, our liability is limited to a prorated refund of your payments for the affected trip, tour, or activity, and we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense in such circumstances. If for reasons beyond our control, a trip, tour, or activity in progress must be interrupted or cancelled, we will refund a prorated portion of the price, depending upon the actual costs incurred by us.

 

In the event that the published activity host or guide is unable to attend the scheduled activity due to unforeseen or extenuating circumstances, we reserve the right in our own exclusive discretion to change a designated host or tour guide with a comparable host or guide without any penalty or compensation.

Force Majeure

 

We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our exclusive control, including, but not limited to, a delay or cancellation that causes you to miss all or any portion of the tour, acts of God, acts of government, pandemics, epidemics, border closings, war, terrorist acts, riots, disaster, weather extremes, or strikes. We have no special knowledge regarding the financial condition of the Vendors or suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel.

Medical Safety, Risks, and Proxy

 

All tour participants booking with us certify that they are in good health, fit to travel, and have no specific medical problems. It is the responsibility of each tour participant to obtain health and medical certificates, inoculations, and vaccinations.

 

Any physical disability that may require special attention or treatment must be reported in writing at the time your reservation is made so we can determine what assistance we can reasonably provide. In cases where we cannot accommodate a participant’s special need for assistance, that participant must be accompanied by a companion who will be responsible for independently providing the needed assistance. We regret that we cannot provide special individual assistance to participants with special needs for daily activities, such as walking, dining, boarding vehicles, etc. In no instance, will we or any of our Vendors or suppliers physically lift or assist participants on or off transportation vehicles. Passage may be refused to any person whose state of health or physical conditions render them, in the opinion of our company, Vendors, or suppliers, to be unfit to partake in the trip or trip activities.

 

We are strongly committed to protecting your safety and well-being, however, activities including, but not limited to travel, safaris, tours, and sightseeing endeavors are inherently dangerous activities. We strongly recommend that you exercise extreme caution when participating in any trip or associated activities.  Parts of your trip may involve high altitudes, walking long distances, hiking, cycling and/or driving over rough and dusty terrain.  In the event that you, your guests, or other participants have mobility limitations, we will not be held liable for any activities that are missed as a result.

 

You understand that health care standards, facilities, and services abroad may be different or even inadequate for treating health conditions. For information concerning possible dangers in foreign destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov and click on “Travel Warnings.” For medical information, we recommend contacting the Centers for Disease Control at (877) FYI- TRIP or www.cdc.gov/travel.

 

In the event of an emergency and you are unable to authorize your own medical attention and treatment, you hereby authorize us, our subcontractors, or our agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release us from any liability in connection with such medical attention.  We assume no liability regarding provision of medical care or evacuation services. Any of our staff or subcontractors who may provide or seek emergency medical care on your behalf may not have had formal medical or first aid training and are acting only as a Good Samaritan.

 

Assumption of Risks

 

You understand and acknowledge that, if you participate in activities during your trip, certain risks and dangers may arise, including, the risk of accidents in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; and the dangers of civil disturbances, war, extortion, kidnapping, terrorist activities, etc.

 

Trip activities that may involve increased risks include but are not limited to: gorilla trekking; walking safaris; risks inherent with activities in underdeveloped countries; dangers of local law enforcement activity; attacks or bites by animals, pests, or insects; quarantine; epidemics; injury or death while on activities sponsored by lodging facilities or third parties; sickness; lack of appropriate medical care; or criminal activity.

 

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU DO HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, VENDORS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHICH YOU NOW HAVE NOW OR WHICH MAY ARISE OUT OF OR IN CONNECTION WITH YOUR TRIP OR PARTICIPATION IN ANY ACTIVITIES IN WHICH YOU PARTICIPATE. 

 

Indemnification and Limitation of Liability

 

You shall indemnify, defend, and hold harmless our Company and our officers, employees, directors, suppliers, and agents, in their individual capacities or otherwise, from and against any losses in connection with: (a) your negligence; (b) your failure to comply with applicable law; or (c) your failure to comply with these terms and conditions.

 

To the fullest extent of the law, in no event will we be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, etc. that arise out of or are in any way connected with the tour, even if advised of the possibility of such damages. In no event will our aggregate liability exceed the total price paid for related trip.

 

YOU DO HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH YOUR TRIP OR PARTICIPATION IN ANY ACTIVITIES IN WHICH YOU PARTICIPATE.

 

You agree that any claim or cause of action against us arising out of or related to these Terms or the breach thereof, must be brought against the Company within one year after the cause of action accrues. Failure to bring such claim or cause of action within this timeframe shall result in your claim being barred forever, and you shall be deemed to have waived any and all rights to bring such claim or cause of action against us.

Code of Conduct

 

You are responsible for respecting the authority and following the directions of the tour guide and the laws of the countries on the itinerary. This also includes the process leading up to the start of the trip.

 

In order to participate in any trip, you may be required to complete MANDATORY Culture Training. This training is a prerequisite of trip participation. We may exclude you from participating in all or any part of the trip or trip activities if, in our sole discretion, your condition or behavior renders you unfit for the trip (before or after the trip starts), or unfit for continuation once the trip has begun. Unfitness may include, but is not limited to, any behavior that, regardless of its cause, is inappropriate or offensive, threatening, belligerent or interferes with the delivery of tour services or may constitute a hazard or embarrassment.

 

To ensure a safe and positive experience for all participants, anyone committing criminal, harassing, verbally or physically abusive behavior, or unwanted sexual or physical advances (to include sexual comments) will be removed from the trip without any financial reimbursements that might be incurred as a result. NO REFUNDS WILL BE ISSUED IF YOU ARE REMOVED FROM THE TRIP OR ANY ACTIVITIES, OR YOUR RESERVATION IS CANCELLED DUE TO NEGATIVE OR NEGLIGENT CONDUCT ISSUES.

 

Include everyone. People from all ages, origins, and identities are encouraged to join us on our trips. These people may be of any sexual orientation, gender identity and expression, race, ethnicity, culture, national origin, social and economic class, educational attainment, color, immigration status, sex, age, size, family status, political belief, religious affiliation, and mental and physical ability, among others.

 

Trip participants come from various backgrounds and beliefs. Proselytizing (i.e., attempting to convert someone from one religion, belief, or opinion to another) is strictly prohibited.

 

Using this trip to promote or market individuals, organizations, groups, or businesses that have not been pre-approved by us is strictly prohibited.

 

You are urged to notify your trip leader as quickly as possible if you experience or observe behavior that violates this Code of Conduct by or toward any other participant, member of our staff, client, vendor, or partner. A discrete, fast, and complete investigation will be conducted on each report to see if a Code of Conduct breach has occurred. To the greatest extent feasible, all reports and investigations are handled in confidence, and information is only shared with those who truly need to know.

Unauthorized Recordings Policy

 

Our goal is to ensure the privacy and protection of trip attendees during all events and activities associated with the trip. This policy prohibits participants from making any audio or visual recordings of others without their knowledge or consent.

 

All trip participants, including but not limited to guests and attendees, are prohibited from making any audio or visual recordings of others without their knowledge or consent. This includes, but is not limited to, recordings made on mobile devices, cameras, or other recording devices.

 

Participants must obtain explicit consent from any person before making a recording of them. If a person declines to be recorded, the participant must immediately cease recording and delete any existing recordings.

 

Participants who violate this policy may face disciplinary action, up to and including removal from the trip.

 

Any participant who becomes aware of another participant making unauthorized recordings should report it immediately to the trip organizer or a designated authority.

 

We, our agent, or our designee will investigate any reported violations of this policy and take appropriate action, which may include notifying law enforcement if necessary.

 

This policy will be communicated to all trip participants prior to the start of the trip, and participants will be required to acknowledge their understanding and agreement to comply with this policy.  All attendees are expected to comply with this policy, and any violations will be taken seriously and addressed promptly.

Company Use of Your Likeness

 

By registering for, attending, or otherwise participating in an event, trip, travel tour, or activity, you hereby grant us and our affiliates the perpetual, irrevocable, worldwide, fully transferable, and sub-licensable license and authorization to record, tape, broadcast or otherwise duplicate your participation in the trip, travel tour, or activity (recordings, tapes, and broadcasts shall be referred to as “Event Recordings”).

 

You understand that other participants and travelers may take pictures and recordings that may inadvertently include your likeness. 

 

You understand that Event Recordings may (a) include your name, voice, image, likeness, actions, performance, statements and remarks; (b) be edited, used, reproduced, modified, publicly displayed, publicly performed, reused, animated, illustrated, disseminated, distributed, sold, published, and/or republished, in any media form or medium, including digital electronic form and via the internet, whether now known or hereafter devised; and (c) be used for trade, marketing, advertising, promotion, publicity and for any other lawful commercial purpose without compensation, remuneration or other obligation of any kind due or payable to the participant, to the extent allowed by law.

 

You waive any right of inspection or approval of the Event Recordings or the uses to which such Event Recordings may be put; and you hereby acknowledge and agree that, we will own the exclusive right, title and interest (including all worldwide copyrights) in and to the Event Recordings, free of any claims by the participant or any other person deriving any right or interest by, through or from you or other participants.

Assignment of Rights

 

We reserve the right to assign any of our rights and/or delegate all or a portion of our duties under these Terms to any third party without your or other participants’ consent or permission.

 

You shall not be entitled to assign, transfer, or delegate any of your rights, duties, or obligations under these Terms to any third party without our prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void.

 

Conflicts and Order of Precedence

 

If there is a conflict between these Terms and one or more terms contained in another agreement between you and us, these Terms will control. If there is a conflict between any part of these terms and conditions and any present or future law, the part that is affected shall be curtailed only to the extent necessary to bring it within the legal requirements. 

 

Participant Changes to Terms

 

No alteration, cancellation, variation of, or addition to these Terms by you shall be effective unless such alteration, cancellation, variation, or addition is in writing and signed by us.

 

Dispute Resolution and Binding Arbitration

 

YOU ARE AGREEING TO GIVE UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. 

 

To the extent that you attempt to assert any such claim, you hereby expressly agree to the following:

 

Unless exclusive remedies have been explicitly provided for otherwise in this Agreement and the aggrieved party seeks to enforce its rights exclusively in accordance with those remedies, and unless an action seeking only injunctive relief or to enforce an arbitrator’s award, the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this Agreement shall be those contained in this Dispute Resolution and Binding Arbitration section.

 

  1. FOR ANY DISPUTE, CLAIM OR CONTROVERSY UNDER $25,000 IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS SMALL CLAIMS RULES & PROCEDURES EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. 

  2. FOR ANY DISPUTE, CLAIM OR CONTROVERSY $25,000.00 OR MORE IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS FASTTRACK RULES & PROCEDURES FOR CLAIMS OVER $25,000 EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. 

  3. IF ANY PARTY IS REASONABLY CONSIDERED UNAMENABLE TO U.S. JURISDICTION, ALL PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, SHALL BE DETERMINED BY ARBITRATION ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”) IN ACCORDANCE WITH ITS INTERNATIONAL ARBITRATION RULES. THE NUMBER OF ARBITRATORS SHALL BE ONE. THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN THEIR JURISDICTION AND POSSESS A MINIMUM OF TEN (10) YEARS OF EXPERIENCE AS AN ARBITRATOR. THE ARBITRATOR SHALL HAVE THE ABILITY TO GRANT PRELIMINARY, INJUNCTIVE, AND INTERIM RELIEF.  THE PLACE OF THE ARBITRATION SHALL BE VIA SECURE VIDEO CHAT, WHENEVER POSSIBLE.  IF ELECTRONIC ATTENDANCE IS NOT AVAILABLE, THE PLACE OF ARBITRATION SHALL BE IN ANY SUITABLE FACILITY LOCATED IN CHARLES COUNTY, MARYLAND.   THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH.  THE LAWS OF THE STATE OF MARYLAND, U.S.A. SHALL APPLY.

  4. Each Party hereby expressly consents to any such disputes being so resolved by these arbitration terms, and that all proceedings be exclusively conducted electronically via secure video chat, when available.  If electronic attendance is not available, all arbitration hearings shall be conducted in any suitable facility located in the Charles County, Maryland area.  The Parties consent to electronic service of process, with service to be made to you at the email address we have on file for you, and to our Company at the following email addresses: info@maximumimpacttravel.com.

  5. Each Party expressly agrees that

    1. videoconferencing constitutes an acceptable means of communication permitted by the applicable rules, including those at the juridical seat of the arbitration;

    2. the parties have agreed to the use of videoconferencing as the means for conducting the arbitral hearing; and

    3. no party will seek to vacate any resultant arbitral award on the basis that the arbitral hearing was not held in person.

  6. The Parties agree to split all arbitration fees evenly, excluding any professional fees paid by each Party to their respective legal counsel.

  7. Judgment on the award rendered in any arbitration hearing shall be binding and entered in any court having jurisdiction.  The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.  The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as a contract independent of the other terms of the Terms. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced

  8. All parties shall be obligated to the arbitration procedures contained herein and understand that decisions rendered by the arbitrator(s) are non-appealable.  If neither party demands arbitration, or in the event that arbitration is inapplicable or impossible, the Parties agree that Charles County, Maryland will be the sole agreed venue for litigation necessary to enforce the agreements set forth herein.

  9. Nothing in this Agreement shall prevent either Party from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to prevent immediate loss.  Any Party shall also be entitled to file in any court having jurisdiction any suit necessary to enforce a decision or award resulting from any arbitration or other proceeding.

  10. The arbitrator or arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

The terms contained in this Dispute Resolution and Binding Arbitration section shall survive any termination of the Agreement.

Contact Us

 

The Company welcomes your questions or comments regarding these Terms:

 

Maximum Impact Enterprises LLC

info@maximumimpacttravel.com

 

1-888-760-8747

M-F 9:00 a.m. to 5 p.m. Eastern Time

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