TERMS AND CONDITIONS
Booking and Travel Terms and Conditions Contract (Effective 3/28/2022)
Welcome to the 2023 Legends of Pittsburgh Punta Cana Experience. This document contains an IMPORTANT NOTICE TO GUESTS for the Legends of Pittsburgh Experience concerning important regulations and limitations with respect to this event between you and the companies booking or hosting the Legends of Pittsburgh Punta Cana Experience. The company is EPEX Ventures (EPEX ), the travel and event company producing the Legends of Pittsburgh Experience. It is IMPORTANT that you carefully read all terms of this Contract paying particular attention to Section 1 which limits our liability and your rights to sue, cancel and refund. Please retain this document for your reference. Hard Rock Hotel and Casino All-inclusive Resort herein referred to as “RESORT” is the host for the Legends of Pittsburgh Experience. Therefore, your Legends Experience is subject to this document (“Booking Contract”) between you and EPEX. This document contains important limitations on your rights and are legally binding documents. Please read carefully all the terms of these contracts.
UNDER NO CIRCUMSTANCES DOES THIS CONTRACT PROVIDE FOR AN AGREEMENT BETWEEN YOU AND ANY SPORTS TEAM. FURTHER, YOU, AS A GUEST, ACKNOWLEDGE THAT THE LEGENDS EXPERIENCE PROMOTED AND IDENTIFIED PERSONS, PLAYERS, FORMER PLAYERS, ARTISTS AND ENTERTAINERS AFFILIATED WITH THE LEGENDS EXPERIENCE AND THE OTHER PROMOTED PERSONS APPEARING IN LEGENDS EXPERIENCE ADVERTISEMENTS (COLLECTIVELY “PROMOTED PERSONS”) ARE SUBJECT TO CHANGE FOR ANY REASON AND/OR LIMIT THEIR PARTICIPATION OR AVAILABILITY DURING THE LEGENDS EXPERIENCE. NO REFUNDS, DISCOUNTS OR SETOFFS ARE AVAILABLE FOR ANY REASON REGARDING THE AVAILABILITY OF THE “PROMOTED PERSONS”.
Section 1. Overview
This Booking and Travel Terms and Conditions Contract (the “Booking Contract”) describes the terms and conditions that will apply to the relationship between you and EPEX =with respect to the Legends Experience and Legends Experience Events covered by this agreement. Except as otherwise provided herein, this agreement supersedes any other written or oral representations or agreements relating to the subject matter of this Booking Contract. Each guest and guest specifically agrees that the provisions provided by EPEX and its partners are included within the terms and conditions noted and that EPEX and its partners shall be entitled to the benefit of all the rights, terms, conditions, and limitations granted by RESORT, as a booking agency though EPEX . The term Guest and Guest describes you as the customer as applicable to the Booking Contract with EPEX .
Section 2. Booking Contract.
By making this reservation, or by acceptance and/or use of the registration process in booking a Legends Experience at RESORT, the person named thereon as guest, each guest and guest on the same reservation, each acknowledges he or she has read, and understands each and every term, condition, and provision of these terms and conditions and agrees to be bound thereby. In addition, the making of this reservation by or the acceptance and/or use of the registration process issued by EPEX by the persons named as Guests shall be deemed to be an acceptance and agreement by each and every person to all the additional Terms and Conditions set forth herein. You acknowledge and expressly agree that EPEX and affiliated third parties are acting solely in their capacity as tour operators, brokers, travel agents and independent contractors arranging this Legends Experience and that EPEX and its third party partners have no right or ability to control or direct the operational or activities of the resort or its staff in any manner whatsoever, including without limitation persons furnishing services to the resort or to the guests including excursions, personnel, or contractors, transportation to and from the resort, conditions of the resort and its facilities and services.
Section 3. Cancellation by Name Talent/Substitution or Modification of Programs
While specific celebrities, players, current and former team members, coaches, and personnel (“VIP Attendees”) have agreed to attend the Legends Experience and be involved in onboard programs, EPEX and its third party partners shall not be liable for failure of any VIP Attendees to attend, whether or not said person is announced in any materials relating to the Legends Experience. Additionally, while specific Legends Experience- or other special events will be announced, including some that are subject to capacity limits, reservations, additional fees, and or specific accommodation levels, EPEX and its third party partners shall not be responsible for the inability to hold any such program due to any reason, beyond the refund of any reservation fees paid for such a program. Autograph sessions will be scheduled with some and not necessarily all VIP Attendees at which Guests may obtain autographs from VIP Attendees. Guest acknowledges that Guest is not guaranteed autographs from any or all VIP Attendees without the purchase of an Autograph Pass. Guests will receive a complimentary Legends Experience lanyard which will serve as their “ticket” into special events. Extra lanyards will not be available. Lost, stolen, or misplaced lanyards will not be replaced. Guest agrees, acknowledges and understands no warranty is provided to the Guest that any such program or event will be available to any individual guest. Guest agrees to hold harmless any and all parties involved including EPEX , teams and the individual Promoted Persons from any liability due to a change in scheduled events, cancelled events or other reasons of unavailability. No party shall be held liable to the Guest for any loss to the guest or others to the extent that such performance is prevented or loss is caused by Acts of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under the color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions, pandemics, health concerns and considerations of the safety of the destination (for which the resort shall be the sole judge), illness, death of a family member or other cause or circumstance beyond EPEX and its third party partners reasonable control. In the event of any failure of any VIP Attendee described above to participate in the Legends Experience, EPEX may, at their sole discretion, engage a replacement VIP Attendee and/or change, postpone, or terminate any portion of the program. In such case, EPEX shall have no liability to any guest for any loss, damage or expense whatsoever by reason of such change.
Section 4. Changes in Reservations
Any changes in bookings may be made by any person(s) financially responsible for the online reservation system. Lead guests transferring their reservation to another name will result in a $50 lead guest name change. Name changes are permitted until December 31, 2022 for 2nd, 3rd, 4th guests. Any changes will need to be made by calling Customer Service at 877.381.5553. If the change is permitted, Customer Service will make the adjustment. Please note that name change fees $50 may apply when changes are made within 60 days of travel.
Section 5. Payment Schedule, Amounts and Method
At the time of booking, a minimum non-refundable deposit per person will be charged. Legends Experience guests will have the option to
- Pay in full for the Legends Experience at the time of booking or
- Enter into an interest free payment plan with EPEX through ACH debit.
- Enter into an interest free payment plan with EPEX through placing a credit card on file.
- Make Quarterly interest free payments
For credit card purchases, a 5% credit card processing fee applies. Guests opting for either of the interest free payment plans agree that the card on file will be automatically charged on the 15th of every month. Payments will be equally divided over the remaining number of months between the date of the sale and December 15, 2022. A small payment plan fee may apply. A custom payment plan may be arranged with EPEX by contacting customer service. An additional fee of $35 may apply for custom payment plans or making a change to an existing payment plan.
Please note that by completing your booking for the Legends Experience, you are agreeing to make payments for the Legends Experience, any added fees, and optional items such as travel insurance, airfare, special events and pre- or post-Legends Experience hotel stays.
5.2—Guests Payment Method. Any and all Guest payments contemplated hereunder may be made with an accredited credit card company, or sent by check to the address below, or appear in person and pay in cash. No booking is complete until the payment is received and confirmed by the Guests identified financial institution.
5.3—Changes in Guests Payment Method. Guests are responsible for informing EPEX , the exclusive booking agent for the Legends Experience, of any changes to and/or updated credit card or other payment method information. In the event the Guest’s selected payment method cannot be processed for any reason a $35 fee will be charged. EPEX will attempt to contact the Guest to obtain updated information at which time the Guest will have two (2) business days to reply with valid payment. Should that period pass without EPEX receiving a valid payment method, EPEX may elect to resell the room(s) identified with that reservation number to waitlisted customers or the general public.
Section 6. Booking Cancellation and Modification Policy Each guest acknowledges that the Legends Experience may be cancelled for any reason at which point a full refund would be granted. EPEX , Cancellation Policy supersedes the policies of the “RESORT” Ticket Contract. Cancellation fees for Legends Experience reservations as well as any refund due to the Guest for a cancellation will be assessed according to the date of cancellation, as noted in the Cancellation Fee Schedule below and will apply to all Guests on the reservation. Cancellations must be made by sending a request via email to firstname.lastname@example.org
A change in reservation, but not a total cancellation, such as a room category downgrade, may result in a change fee of $100. Adding an additional guest to an existing reservation may result in a room location change and a fee of $50.
Please be advised that no refunds will be made in the event of interruption or cancellation by any guest after commencement of the Legends Experience. Also, no refunds will be given for Legends Experience no-shows. Cancellations can be completed by submitting the following form:https://forms.monday.com/forms/b6cb2a98916b5a791a1431b9f335b815
If no payment is received within a 60 day period, your reservation will be cancelled.
PAYMENT AND CANCELLATION SCHEDULE:
Cancel before June 15—90% refund
Cancel between June 15 and September 14—50% refund
Cancel after September 15—no refunds
Please refer to your travel insurance policy.
Guest further expressly acknowledges that EPEX highly recommends travel/cancellation insurance for each and every guest. Guest acknowledges and agrees that he/she bears the sole responsibility to purchase travel/cancellation insurance.
Section 7. Room Assignments
Approximately between three to four (3-4) weeks before the event date, you will receive an email confirming your room number and location for the Legends Experience.
Section 8. Who May Travel
Guests represent and acknowledge that he/she and individuals traveling with Guest are fit for travel and that such travel will not endanger themselves or others.
Section 9. Documentation
Proper travel documentation, a valid passport is required to enter the Dominican Republic and throughout the Legends Experience and is the responsibility of the guest. Any guest traveling without proper documentation will not be allowed to travel and no refund of the Legends Experience fare will be issued. For further information see the U.S. Customs and Border Protection website. Travel documents (passports) must be valid up to 6 months from the date of travel. The requirements above are for US citizens; non-US nationals may require entry visas in addition to their valid passports. Please check with the Dominican Republic Government websites for current visa requirements.
Section 10. Legends Experience Fare
Legends Experience rates on the booking website are calculated based on occupancy and age. Inclusions, exclusions, and additional fees are detailed in the Booking Form. Rates vary based on occupancy, age of guests and room type.
Gratuities and Taxes.
Taxes & Fees: Are included in the total price of the room.
Gratuities: Are included in the total price of the room.
Section 12. Services not included
Flights, ground transfers, optional cancellation insurance, shore excursions, any items of a personal nature such as laundry, gift shop, are not included in the Legends Experience fare.
Section 13. Inclusions
Item included in the rate include: Five star accommodations, dining in 9 restaurants, top-shelf drinks, snacks and poolside service, 24/7 in room service, water park and other activities, unlimited calls to continental US and Canada, free wifi, taxes and gratuities.
Section 14. Photography/Video
You acknowledge RESORT, EPEX and its promotional partners have the exclusive right to capture photographic, video and other visual portrayals of guests in any medium of any nature whatsoever and the foregoing entities may use and re-use, publish and/or broadcast the foregoing photographs, images, videos, quotes, summaries, biographies and/or excerpts, in whole or in part, individually or in conjunction with other photographs, images, videos, text, quotes, summaries, biographies and/or excerpts, in videotapes, broadcasts, on websites, and/or in newspapers, magazines, brochures, advertisements, press releases, training materials and other articles and in such medium and format, at such locations and for such purposes, as may be approved by the entities, in connection with the entities’ ongoing business, trade, promotional and/or advertising activities.
Guest acknowledges that all rights in the foregoing photographs, images, videos, quotes, summaries, and/or excerpts will belong to the entities, that Guest will not have any rights in any of them, and that the entities will not have any obligation to pay any money to Guest or provide Guest with any products, services or compensation in connection with any of them or in connection with the entering into this Agreement. Guest agrees that the entities may use your likeness, voice and/or image in connection with any of the foregoing photographs, images, videos, quotes, summaries, biographies and/or excerpts, if the entities so choose.
GUEST HEREBY RELEASES AND DISCHARGES THE ENTITIES AND EACH ENTITIES EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS AND DEMANDS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE FOREGOING PHOTOGRAPHS, IMAGES, VIDEOS, QUOTES, SUMMARIES, BIOGRAPHIES AND/OR EXCERPTS.
Conversely, while guests are free to capture video, photo and audio recordings during the Legends Experience for their personal use, such images or recordings may not be used for any commercial purpose whatsoever without the express written permission of EPEX .
Section 15. Release of Liability
In consideration of the risk of injury while participating in the Legends Experience and special activities (“Activities”), and as consideration for the right to participate in the Activities, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily release of liability and waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activities, and do hereby release and forever discharge EPEX Ventures, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, vendors, partners, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, disease, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activities, including traveling to and from an event related to this Activities.
I am voluntarily participating in the Activities entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activities, which may include, but are not limited to, physical or psychological injury, pain, suffering, disease, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activities location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activities, including travel to, from and during this Activities.
I agree to indemnify and hold harmless EPEX against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If EPEX incurs any of these types of expenses, I agree to reimburse EPEX .
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I agree to indemnify and hold harmless EPEX Ventures and any vendors, partners, talent, employees, agents, staff, volunteer and representatives for any loss or injury involving alcohol consumption.
I acknowledge that EPEX , and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activities on behalf of EPEX .
I acknowledge that some Activities may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, the health of others including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read and fully understand this release of liability. I expressly agree to release and discharge EPEX and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against EPEX for personal injury or property damage.