TERMS & CONDITIONS, RELEASE OF LIABILITY AND ARBITRATION AGREEMENT
The following Terms and Conditions are applicable to your trip. “Gerber” is defined in this Agreement to include Gerber Tours, Inc., The Association of Dance Conventions & Competitions (The ADCC), your school, association, organization or sponsor, and chaperones if applicable, and its and their employees, shareholders, subsidiaries, affiliates, officers, directors, successors and assigns.
Tour Price is based upon the features of your tour as described in the current year’s Dance Dreams brochure and on www.mydancedreams.com. An increase in supplier costs (e.g. fuel or energy surcharges, tax increases, etc.) may cause the Tour Price, and therefore the payment schedule to change.
Your completed Registration and initial, non-refundable booking deposit are required to secure your enrollment. Space is limited and registration is on a first-come, first-served basis. After registering you will receive an invoice detailing your payment options. You may pay the remaining balance in full or you may take advantage of our installment plan. All installment payments carry a $5 non-refundable handling charge except for the initial deposit and final payment. There is a $25 charge for late payments and returned checks. However, your registration is subject to cancellation without refund if any payment is not received when due.
All cancellation notices and requests for refunds must be in writing and mailed to Gerber Tours, Inc., 100 Crossways Park Dr W, Ste 400, Woodbury, New York 11797-2012 postmarked or emailed to firstname.lastname@example.org no later than your departure date. Refunds take approximately. 4-6 weeks to process.
This optional, highly valued program assures a refund in case you need to cancel participation on the tour for almost any reason up until the day of departure. The program is only available at the time of Registration and entitles you to a refund of all monies paid toward the Tour, minus the cost of the CP, the non-refundable booking deposit, installment fees and any applicable returned check and/or late payment fees.
Enrollment in CP is not available within 60 days of departure. If you choose not to participate in this Program by selecting “No” during your Registration, you are subject to the standard cancellation and may lose up to 100% of monies paid. CP cost is in addition to the Tour Price and will be included in your invoice amount. Refunds under the program are not available in the unlikely event your trip is cancelled or in the event of acts of government, epidemics, force majeure events or acts of terrorism.
If you choose not to enroll in the CP cancellation fees will apply. If your cancellation notice to Gerber Tours is received in writing prior to 74 days of departure a fee of 20% of the Tour Price will apply; cancellation notice received in writing 45-74 days prior to departure, a fee of 50% of the Tour Price will apply and cancellation notice received in writing 44 -15 days prior to departure a fee of 75% of the Tour Price will apply. In all cases any non-refundable fees such as installment fees, returned check and/or late payment fees will be added. If cancellation occurs 14 days or less prior to departure no refund will be given.
You must submit to Gerber Tours, Inc. a complete and accurate Health History and Medical proxy. Any medical or physical conditions that Gerber Tours should know or that may interfere with your participation on the Tour or with others on the tour must be stated on your Form. I authorize the adults on my tour to obtain emergency treatment as deemed necessary by medical professionals. I understand that I am solely responsible for my pre-program, program and post-program medical care in all respects, including, but not limited to, obtaining and taking necessary medication(s), vaccinations and any other medical care and treatment. I certify that I will consult a physician qualified in travel medicine, immunizations and infectious/tropical diseases prior to my trip departure. Gerber Tours, Inc. may attempt to bring a participant to a medical facility for emergency treatment, but it is not responsible for any negligent or unsuccessful treatment thereat.
Primary medical insurance is included for accident ($5,000), illness ($1,000) or accident related dental injury ($500) that occur during travel. Pre-existing conditions are not covered and other terms apply. Please see ww.gerbertours.com/groupins/coi.pdf for complete details of coverages.
Participants are responsible for exercising sound judgment, caution and respect for people, places and things while on tour and are expected to adhere to all rules and regulations set forth by Gerber. Failure to do so, may result in the participant being sent home at own expense with no refund. Each participant must travel with an adult that is responsible for their supervision and overall well-being throughout the program.
Gerber has a zero tolerance rule for possession or drinking of alcohol for any participants under 21 and/or possession or use of any illegal drug or drug paraphernalia by any participant. Any participant violating this rule is subject to immediate expulsion from the trip. In any such case, the student or his or her parent or guardian is responsible for transporting the participant home, and waives any claim for any refund of any portion of the trip cost.
I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in Mineola, NY. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
In the event a trip is cancelled or postponed due to the actions of any governmental or civil authority, school or school district, or a cancellation is caused for any other reason beyond the control of Gerber Tours, Inc., tour participants will be entitled to a refund of monies paid less non-recoverable expenses prepaid or incurred by Gerber Tours, Inc. and the non-refundable booking deposit.
Gerber does not own, operate or control any person or entity which is to or does provide goods or services for your trip including, for example, lodging facilities, airline, vessel or other transportation companies, guides or guide services, local ground operators, entertainment or sightseeing operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors. As a result, Gerber is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party.
Without limitation, Gerber is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services resulting from, but not limited to, acts of government, acts of force majeure, war, civil unrest, insurrection, strikes or other labor activities, criminal conduct, threatened or actual terrorist activities, lost or stolen belongings, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, vehicular incidents, dangers associated with or bites from animals, pests or insects, sanitation problems, food poisoning, lack of or quality of medical care, illness or disease, epidemics or the threat thereof, difficulty in evacuation in case of a medical or other emergency, or for any other cause beyond the direct control of Gerber or your Sponsor.
Changes in hotel or itinerary may be made at the discretion of Gerber or your local ground operator as it or they deem necessary or desirable. Trip participants are solely responsible for securing their own passports, visas, medical inoculations, reviewing State Department and other advisories or warnings, etc.
Gerber reserves the right to decline to accept or retain any person as a member of any trip. Participants are expected to exercise sound judgment, caution and consideration for people, places and things while on the trip and to be attentive and responsive to the guidelines set forth by the trip leader(s) and Gerber. Failure to do so in a manner that may affect the welfare of the participant, the operation of the trip and/or the well-being of others, in the judgment of Gerber, may result in the participant being removed from the tour at his or her own expense with no refund forthcoming. Gerber reserves the right to cancel any trip with its sole obligation to refund all monies received by it for the trip. These terms and conditions can be changed only by a writing signed by an officer of Gerber.
Gerber retains the right, in its sole discretion, to contact participant’s parents, guardian, and/or emergency contact with regard to health issues or any other matter whatsoever which relates to participant or participant’s program. These rights transcend any and all privacy regulations that may apply.
Gerber reserves the right to take photographic, video, audio or film records on any program. I understand that Gerber may use any photographs, video, audio or film records it takes or receives from participants (including, but not limited to, images it receives via email, Facebook, Twitter, Instagram, PhotoVision, etc.) or which are directed to it in any media, for its own promotional and/or commercial purposes as well as for approved use by third-parties with whom Gerber may engage in joint marketing, all without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by Gerber.
Gerber Tours, Inc., from time to time, may provide a mobile application for use on participants’ cell phones and/or on those of their parents or other designees, which convey information concerning the trip and various onsite points of interest, restaurants, etc. Gerber Tours, Inc. makes no warranty as to the accuracy of any of said information, including trip specific information as well as information concerning possible attractions at destinations, etc.
Gerber Tours, Inc. complies with all applicable state seller of travel laws and has registered as follows: Arizona Exemption as an ARC Travel Agency #33515285 California (CST #2021080-40) Registration as a seller of travel does not constitute approval by the state of California. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account. Florida Exemption as an ARC travel agency #33515285 Hawaii Travel Agency Registration TAR6263 Iowa Travel Agency #538 Oregon Registry #313609-93 Washington Seller of Travel Reg. #602 052 263
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Broadway Dance Dreams