GENERAL TERMS AND CONDITIONS

By Jared Cooper

The customer acknowledges the following Terms and Conditions upon which Sports Power Weekends, Inc. has provided goods and services in furtherance of the tour or travel arrangements of the customer.

1. Sports Power Weekends, Inc. takes no responsibility for any acts or omissions of any supplier of goods and services such as hotels, transportation, event tickets or other entity providing services to the customer. The customer hereby waives any claim for personal injury, including death, property damage, including loss of or damage to luggage or other personal property, or any other loss or claim, arising in whole or part by any act or omission of any entity, its agents, servants or employees, not solely, exclusively and directly under the control of Sports Power Weekends, Inc.

2. The customer acknowledges that Sports Power Weekend itineraries, accommodations, travel arrangements and other aspects of a Sports Power Weekend must at times be modified or cancelled due to acts of God, unavailability of accommodations or other causes beyond the reasonable control of Sports Power Weekends, Inc.

3. The customer acknowledges that the price quoted for any Sports Power Weekend is based upon prices provided for accommodations, transportation, tickets and other components. Should any prices for such components be increased, Sports Power Weekends, Inc. reserves the right and the customer acknowledges the right of Sports Power Weekends, Inc. to increase the travel arrangement price in the amount of any such increase in price.

Any customer given notice of increased cost shall have the right to terminate the reservation on the confirmed program and obtain a full refund of all amounts paid to Sports Power Weekends, Inc. unless such payment was expressly made on a non-refundable basis. Sports Power Weekends, Inc. cannot take responsibility if a client has booked a non-refundable airfare. The acceptance of any tickets, vouchers, or other documentation of tour or travel arrangements shall be deemed to be acceptance of the above General Information, Terms and Conditions by the customer.

4. The customer agrees to arbitrate any and all disputes with or concerning Sports Power Weekends, Inc. only in the state of New York. The customer herein waves his or her right to trial by jury or otherwise.

5. The customer acknowledges Sports Power Weekends, Inc. right to use any photographs for promotional material unless Sports Power Weekends, Inc. receives written notification of the customer’s declination.

HOTEL ACCOMMODATIONS

The customer understands and agrees that the accommodations in the Sports Power Weekends have been provided to Sports Power Weekends, Inc. by third parties. We make no representation or warranty as to the hotel or the rooms or the bedding or the location of the hotels to be provided or any restrictions placed on the use occupancy of the hotel or the rooms by either the providing hotel or applicable law. All reservations are subject to a hotel substitution to a hotel of an equal rating and/or price. You agree that bedding requests cannot be guaranteed by Sports Power Weekends, Inc. and are assigned at the discretion of the hotel. You agree to abide by all hotel policies and laws and you agree to contact the hotel if you have any questions concerning the policies and laws prior to travel.

Non-Smoking Rooms: Hotels now have a No Tolerance policy for someone smoking in a non smoking room. This policy carries with it a financial penalty for any violation. Please be aware that you will be personally responsible for any such penalties, should they occur.

TICKETS

You understand and agree that tickets in the Sports Power Weekend have been provided to Sports Power Weekends, Inc. by third parties. You agree that special ticket requests cannot be guaranteed.

Sports Power Weekends, Inc. is not responsible for lost, stolen or damaged tickets. Sections, rows and seat numbers cannot be confirmed until day of event.

Rain Outs: If an event is rained out, cancelled or postponed beyond our control, ticket(s) will be applicable for the rescheduled dates. Sports Power Weekends, Inc. is not responsible for modifying travel arrangements. Sports Power Weekends, Inc. will provide refunds only to the extent that refunds are available.

LIABILITY WAIVER

Sports Power Weekends, Inc. does not endorse the over consumption of alcoholic beverages. The customer assumes all liability for themselves and their party guests if any form of negligence arises from the consumption of alcohol. Should the customer and/or his or her party guest(s) become ill and/or injured while under the influence of alcohol, the customer and/or his or her guest(s) assume all responsibility for any financial expenses including but not limited to medical bills, vehicle repairs, and all other damaged personal property.

Sports Power Weekends, Inc. staff members will not serve alcoholic beverages to individuals under the age of 21. The customer is solely responsible for any and all alcohol consumed by party guests that is not directly served by Sports Power Weekends, Inc. staff members. Should the customer and/or party guest(s) become ill due to consumption of any and all alcohol, the customer assumes all liability. Should the customer and/or party guest(s) become injured by moving, lifting, and/or handling of supplies and/or equipment provided by Sports Power Weekends, Inc., the customer and/or party guest(s) assumes all liability and responsibility for any financial expenses including but not limited to medical bills and any repairs to or replacement of damaged personal property.

The customer waives all legal rights to pursue any form of legal action against Sports Power Weekends, Inc. and its staff for the reasons stated herein and against all claims, losses or damages to persons or property, governmental charges or fines and costs (including attorney’s fees).

SPORTS POWER WEEKEND DEPOSIT/BALANCE

Full payment is required at the time of booking.

CANCELLATION OF A SPORTS POWER WEEKEND

All payments are non-refundable at the time of booking. No refunds will be given for unused portions of a program. In the event of a cancellation or postponement, Sports Power Weekends, Inc. shall not be responsible for accommodations and transportation prior to and beyond the original scheduled date of the event.

PAYMENT INFORMATION

All payments can be made by check, money order, or credit card (Visa, Mastercard, Discover or American Express).

USE OF THE SPORTS POWER WEEKENDS WEBSITE

You agree to use Sportspowerweekends.com (the “Website”) only for lawful purposes. Specifically, you agree not to do any of the following: (1) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) restrict or inhibit use of the Website by others; (3) upload or otherwise transmit files that contain a virus or corrupted data; (4) collect information about others without their consent; or (5) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Sports Power Weeekends, Inc., may harm Sports Power Weekends, Inc. or users of the Website or expose them to liability.

COPYRIGHTS

This Website is copyrighted by Sports Power Weekends, Inc.  By using this site, we grant you a limited, non-exclusive license to download this site and the copyrighted material for your personal use only.  You are expressly prohibited from copying, printing, selling, sub-licensing, reproducing, transmitting, publishing, framing, otherwise using or creating derivative works in any content, design element, image, look or feel of the Website.

TRADEMARKS

The Sports Power Weekend, Inc. logos and other marks indicated on the Website are registered trademarks of Sports Power Weekends, Inc. in the United States and other countries. Sports Power Weekend, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Sports Power Weekends, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sports Power Weekends, Inc. All other trademarks not owned by Sports Power Weekends, Inc. that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sports Power Weekends, Inc.

DEALINGS WITH MERCHANTS OR OTHER THIRD PARTIES

If you choose to correspond, participate in a promotion or engage in transactions with any individual or business found on or through the Website, you acknowledge and agree that Sports Power Weekends, Inc. is not a party to, and will not be responsible for, your interaction with such individual or business, including such party’s treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that Sports Power Weekends, Inc. will have no responsibility or liability, for any reason whatsoever, for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such parties on the Website.

OUTBOUND LINKS

We may provide links to third party websites or other sites on the Internet. These links are provided for you as a convenience only. By providing the links to you, we do not endorse, warrant or guarantee any information or product linked to this site. We are not the representatives or agents of the linked sites. The linked websites are not controlled by Sports Power Weekends, Inc. and we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites or for the products or services offered by such linked sites.

INBOUND LINKS

We welcome links from a third party site to our Website, through a plain text link, provided that (a) you discontinue providing a link to our Website if so requested by Sports Power Weekends, Inc. (b) you do not imply in any fashion that Sports Power Weekends, Inc. is endorsing any of your products or service or is affiliated with you, (c) you do not present Sports Power Weekends, Inc. in a false light, or provide misleading or false information about Sports Power Weekends, Inc. or its Website or services, (d) you do not remove or obscure the copyright notices, or other notices on this Website; (e) you do not use any Mark of Sports Power Weekends, Inc.; and (f) you do not replicate, frame or mirror the content of the Website. We reserve the right to require you to remove links to the Website, in our sole discretion.

ADDITIONAL TERMS AND CONDITIONS

Sports Power Weekends may be subject to additional terms and conditions.  You agree to be bound by those additional terms and conditions.

MODIFICATION

This agreement may not be modified, amended, altered or changed unless such modification, amendment, alteration or change is agreed to in a writing signed by an authorized representative of Sports Power Weekends, Inc. that notes on its face that it is a modification, amendment, alternation or change to this Agreement.  We are under no obligation to accept any modification, amendment, alternation or change and any attempt to make such modification, amendment, alternation or change without our express written approval is hereby rejected.

Entire Agreement

These Terms and Conditions constitute the entire agreement between Sports Power Weekends, Inc. and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sports Power Weekends, Inc. with respect to this Website. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver by Sports Power Weekends, Inc. of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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