PURCHASE & PARTICIPATION AGREEMENT
ROCK THE COAST, LLC
PURCHASE & PARTICIPATION AGREEMENT (“PPA”)
Effective Date: July 16, 2019
For and in consideration of any purchase to attend any Rock The Coast event or participation at any Rock The Coast, LLC event, all purchasers and participants agree, acknowledge, and accept the following terms and conditions of the Purchase and Participation Agreement (“PPA”):
- This PPA governs the relationship between all purchasers and participants and Rock The Coast, LLC, its affiliates, agents, employees, officers and directors (collectively, “RTC”).
- RTC reserves the right, in its sole discretion and to the extent not prohibited by federal law, to change, delete or add to any of the terms of this PPA without prior notice. The current version of the PPA agreement will be published on RTC Website (www.rockthecoasttx.com). To the extent there is conflict between the PPA and information printed on the RTC ticket or wristband or specified on RTC’s website, the PPA will govern. Applicable terms and conditions are those in effect as of the date the purchaser or participant commences travel on a given itinerary or attends the scheduled RTC event.
- All RTC events occur on board a vessel operated by Carnival Cruise Lines (“Carnival”) and/or at destination cruise stops along the scheduled voyage.
- RTC events are private events and not accessible to other passengers who may also be traveling on the Carnival vessel.
- In order to participate in any RTC event, travel on board the Carnival vessel must be booked directly with Carnival by and through RTC’s travel agent or each participant must have the necessary RTC wristband or ticket.
- Advertisement of RTC cabins on board the Carnival vessel are priced per passenger-participant and includes: on-board accommodation and stay within the selected cabin; on-board meals (except meals and dining at select on-board restaurants); any amenities, activities, and entertainment included in the price of the Carnival passenger ticket; and access to the RTC events during the scheduled Rock The Coast Cruise. Such pricing does not include airfare, ground transportation, ground accommodations, on-board purchases, or anything else not specifically mentioned herein.
- Unless otherwise noted, all prices on the RTC Website and any fees associated with the Rock the Coast Cruise including any applicable taxes are quoted in United States Dollars (“USD”). All payments to RTC will be charged in USD to purchaser’s selected payment method. Purchaser may incur an additional fee by purchaser’s bank or credit card processor if it is an international transaction. RTC is not responsible for such fees, if any.
- Any monies paid for passenger tickets and accommodations on board the Carnival vessel are paid directly to the Carnival, and such passenger tickets and accommodations are subject to terms and conditions stated in the Carnival Ticket Contract. A complete copy of the Carnival Ticket Contract is published and available at https://www.carnival.com/popups/bookingengine/reservation-terms-and-conditions.aspx. This PPA does not alter, amend, or supersede the terms and conditions established in the Carnival Ticket Contract between RTC’s travel agent, Carnival, and purchaser/participant, except as otherwise stated herein.
- The terms of this section 9 supersede and amend any conflicting terms found in section 6 of the Carnival Ticket Contract or any other conflicting terms found within the Carnival Ticket Contract regarding Carnival passenger ticket refunds. A non-refundable deposit charge of a $150.00 USD for each participant traveling on the Carnival vessel as part of the Rock The Coast Cruise is payable directly to Carnival at the time of booking to hold the cabin reservation at the Rock The Coast group rate, and such deposit will be applied against any additional monies owed to Carnival for such cabin reservation. Notwithstanding any provision or term to the contrary found within the Carnival Ticket Contract, in the event that purchaser or participant are issued a refund from Carnival pursuant to the terms of Carnival Ticket Contract, such refund issued, if any, will be less the $150.00 non-refundable deposit charged per passenger-participant.
- Carnival will charge an additional $148.47 USD per passenger-participant for associated port charges, government taxes, and gratuities, which is due by February 27, 2020.
- Any and all payments to RTC are non-refundable. For the avoidance of any doubt, all purchasers agree to pay RTC, at the time of booking, a non-refundable fee of $200.00 USD for each participant of the Rock the Coast Cruise. Each participant will be issued a wristband or ticket to attend the scheduled RTC events. RTC wristbands and tickets to attend an RTC event on board the Carnival vessel or during the scheduled Rock the Coast Cruise cannot be sold, resold, or used in conjunction with any promotional activity except as expressly authorized in writing by the RTC.
- Because all payments to RTC are nonrefundable and/or circumstances may arise that may prevent a purchaser’s or participant’s attendance during the scheduled Rock The Coast Cruise, RTC strongly encourages the purchase of travel protection and insurance. Purchaser and/or participant agree to inquire about travel protection and insurance at the time of booking, as certain insurance benefits and coverage requests are time sensitive.
- RTC has various payment plans available to purchasers of any Rock the Coast Cruise. By agreeing to a payment plan, purchaser authorizes RTC and/or Carnival to charge purchaser’s payment method pursuant to the terms of the option payment plan chosen, without additional notice to purchaser. Purchaser and participant expressly agree not to dispute any credit card charges associated with the Rock the Coast Cruise. RTC reserves the right to charge purchaser additional fees for returned payments, late payments, missed payments, canceled cards, chargebacks, credit card changes and invalid credit cards. The additional fee assessed to purchaser shall be $100.00 in each instance. Purchaser’s failure to make timely payments in accordance with the chosen payment plan may result in loss or cancellation of booking without refund.
- Any unauthorized use or purported transfer of the Carnival passenger ticket or RTC wristband or ticket may result in denial of boarding at vessel and/or admission to any RTC event and may subject the purchaser and/or passenger to legal action.
- EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, EACH PURCHASER AND PARTICIPANT ASSUMES THE RISK OF INJURY TO PERSON OR PROPERTY RESULTING FROM OR RELATING TO THE ROCK THE COAST CRUISE AND ANY RTC EVENT, HOWEVER CAUSED, WHETHER INTENTIONALLY OR UNINTENTIONALLY, OR WHETHER DUE TO THE ACT, OMISSION, OR NEGLIGENCE OF ANY OTHER PERSON OR ENTITY, AND EACH PURCHASER AND PARTICIPANT FULLY, FOREVER, AND IRREVOCABLY RELEASES, ACQUITS, AND DISCHARGES RTC AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, SPONSORS, AGENTS, ATTORNEYS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITIES, INJURIES, CLAIMS, DEMANDS, DAMAGES, LOSS, RIGHTS (WHETHER CONTINGENT, ACCRUED, INCHOATE, OR OTHERWISE), ACTIONS, OR CAUSES OF ACTION OF ANY NATURE, OR FROM WHATEVER SOURCE, ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, PURCHASER AND PARTICIPANT’S PARTICIPATION IN ANY ROCK THE COAST CRUISE, RTC EVENT, AND ANY RELATED ACTIVITIES. RTC HEREBY EXPRESSLY DISCLAIMS LIABILITY FOR ANY INJURIES, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY, LOSSES, COSTS, EXPENSES, DAMAGES (CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE), CLAIMS, DEMANDS, AND ACTIONS PURCHASER AND PARTICIPANT NOW HAS, OR MAY HAVE, OR PURCHASER’S AND PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY HAVE OR CLAIM TO HAVE, IN CONNECTION WITH OR RELATING TO THIS CRUISE.
- RTC is neither responsible nor liable for any loss of or damage to participant’s property on the vessel or in connection with any air or ground transportation.
- RTC makes no warranty, express or implied, as to the seaworthiness, fitness, or condition of the vessel or any food or drink supplied on board the vessel.
- RTC assumes no liability whatsoever for any treatment, diagnosis, advice, examination or other services provided by any medical personnel or other service providers on board the vessel or at any ports of call.
- All arrangements made for or by purchaser or participant for air transportation, shore excursions, tours, ground transportation, hotels, restaurants, and other similar activities or services are solely for purchaser or participant’s convenience and are at purchaser or participant’s risk, and RTC assumes no liability therefor.
- RTC will not be responsible for any losses including but not limited to lodging or airfare incurred due to a cancelled/delayed flight or other means of transportation.
- RTC shall not be liable if, at any time and without prior notice, Carnival cancels, advances, postpones, or deviates from any scheduled sailing or port of call, or substitutes another vessel or port of call.
- RTC shall have no liability for any changes in itinerary, including but not limited to departure and return ports, ports of call, order of ports and berthing times, ship, scheduled entertainment (including artist performances), hotels, excursion packages, other add-ons, and amenities.
- RTC reserves the right to refuse service or admission to any person at any time at RTC’s sole discretion.
- RTC SHALL HAVE THE UNFETTERED RIGHT TO USE ANY PARTICIPANT’S NAME, VOICE, ACTIONS, CONVERSATIONS, SOUNDS, LIKENESS, PHOTOGRAPH, OR IMAGE, AUDIO OR VIDEO RECORDINGS OF PARTICIPANT, OR ANY VISUAL PORTRAYALS OF PARTICIPANT IN ANY MEDIUM OR MEDIA OF ANY NATURE WHATSOEVER THROUGHOUT THE UNIVERSE INTO PERPETUITY FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO TRADE, ADVERTISING, SALES, PUBLICITY OR OTHERWISE, WITHOUT COMPENSATION TO PARTICIPANT OR RIGHT OF REVIEW BY PARTICIPANT, AND ALL RIGHTS, TITLE, AND INTEREST THEREIN SHALL VEST IN RTC (INCLUDING ALL WORLDWIDE COPYRIGHTS THEREIN), FREE FROM ANY CLAIMS FROM PARTICIPANT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR FEES, ROYALTIES, PAYMENT, OR ANY OTHER CLAIM OR CAUSE OF ACTION AGAINST THE RTC (INCLUDING, WITHOUT LIMITATION, ANY CLAIM THAT FOR INVASION OF PRIVACY, MISAPPROPRIATION OF THE RIGHT OF PUBLICITY, OR ANY CLAIMS BASED ON DEFAMATION, LIBEL, SLANDER OR FALSE LIGHT), AND ANY OTHER RELATED CLAIM OR CAUSE OF ACTION, EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW.
- Purchaser represents that he or she is at least eighteen (18) years in age, and each participant of an RTC Event represents that he or she is at least twenty-one (21) years in age unless he or she is accompanied by a parent or legal guardian.
- Any disputes and matters whatsoever arising under this PPA and/or the subject matter hereof shall be governed with the laws of the United States of America, and to the extent not preempted by Federal law, the laws of the State of Texas without regard to conflict of law principles, regardless of the legal theory upon which such matter is asserted. Venue for such dispute or matters must be filed in a court of competent jurisdiction located in Galveston County, Texas, United States of America; provided, however, that in the event of a dispute or matter governed (in whole or in part) by the Carnival Ticket Contract, the terms of the Carnival Ticket Contract (including but not limited to the choice of law and venue provisions) shall apply. No other covenants, warranties, undertakings or understandings may be implied, in law or in equity.
- This PPA constitutes the entire agreement between RTC and the purchaser or participant with respect to the subject matter hereof, and replaces and supersedes all prior and contemporaneous negotiations, proposed agreements, and agreements, written and oral regarding the subject matter of this agreement. A waiver of any term or condition of this agreement in any instance shall not be deemed to be or construed as a waiver of such term or condition for the future by such party, or of any subsequent breach thereof. If any provision or portion of this agreement shall be held for any reason to be unenforceable or illegal, that provision shall be severed from this agreement and the remainder of this agreement shall remain valid and enforceable between the parties hereto just as if the provision held to be illegal or unenforceable had never been included in this agreement.