Terms and Conditions
PLEASE NOTE – THESE TERMS AND CONDITIONS FORM AN IMPORTANT PART OF YOUR RESERVATION AND AGREEMENT WITH ON THE TROY SHOWS UP WITH FRIENDS WELLNESS AND RETREAT -TML Entertainment, LLC- DBA as TROY SHOWS UP. PLEASE READ CAREFULLY.
IF YOU OR ANY PERSON INCLUDED IN YOUR RESERVATION DOES NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, YOU MUST NOTIFY TROY SHOWS UP IN WRITING WITHIN 24-HOURS OF MAKING YOUR RESERVATION. AT THAT TIME, YOUR RESERVATION WILL BE CANCELED AND YOUR FORM OF PAYMENT NOT CHARGED (OR REFUNDED, IF PAYMENT WAS ALREADY PROCESSED).
FAILURE TO NOTIFY TROY SHOWS UP (TSU) WITHIN THIS 3-DAY PERIOD SHALL INDICATE THE AGREEMENT OF YOU AND ALL PERSONS INCLUDED IN YOUR RESERVATION TO THESE TERMS & CONDITIONS, AND ALL OF YOU WILL BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO ACCEPT AND BE BOUND BY THESE TERMS & CONDITIONS, YOUR RESERVATION/BOOKING WILL NOT BE ACCEPTED.
The following Terms and Conditions apply to your participation in events hosted in Costa Rica from October 6, 2020 to October 11, 2020 (the “Retreat”) by TML Entertainment, LLC – DBA Troy Shows Up, a Tennessee limited liability company (“Company”). Company is NOT a tour guide, a tour company or travel agency. Company will meet with you and other participants in the Retreat at designated times and places in Costa Rica and will offer courses on wellness and healthy lifestyle practices, enjoyment of Costa Rica Excursions and will show you Costa Rica through the eyes of Company and its employees with a goal of helping you enjoy a spiritual journey in Costa Rica.
TROY SHOWS UP TERMS & CONDITIONS
Please read the following Terms and Conditions. These documents contain important limitations on your rights and the rights of all persons included in your reservation. These are legally binding documents, and by making your reservation on the Troy Shows Up with Friends Wellness and Retreat, you and all persons listed on your reservation are agreeing to abide by and be legally bound by these Terms & Conditions. This document contains additional contractual terms, conditions, and limitations between you and TML Entertainment, LLC DBA Troy Shows Up (“TSU”), and their respective officers, directors, employees, affiliates, subsidiaries, parent companies, related companies, agents and contractors (collectively referred to herein as the “Released Parties”), with respect to this Troy Shows Up with Friends Wellness and Retreat beyond the terms and conditions described in your agreement with TSU and in the Best Western Resort, Jaco, Costa Rica Policies. These Terms & Conditions are incorporated into and made a part of your agreement with TSU and your BEST WESTERN RESORT Reservation Contract. You agree that these Terms & Conditions are subject to change by TSU and/or Best Western Resort in their good faith discretion.
All references to “Guest”, “guest”, “you” or “your” shall include each person listed on a booking of Troy Shows Up With Friends Wellness and Retreat and each person, other than TSU personnel, BEST WESTERN RESORT personnel, and speaker or artists/musician and speaker and artist/musician personnel, who embarks on the Troy Shows Up with Friends Wellness and Retreat or attends any related event, whether or not listed on the All-Inclusive Wellness and Retreat Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine, as context requires.
BEST WESTERN CONTRACT
By making this reservation, or by acceptance and/or use of the BEST WESTERN RESORT (BWR), each guest included on the same reservation, acknowledges he or she has read, and understands (or if a minor, such person’s parent, guardian or representative has read and understands) each and every term, condition, and provision of the BEST WESTERN RESORT (BWR) policies and agrees to be bound thereby. In addition, by making this reservation or by the acceptance and/or use of the BEST WESTERN RESORT (BWR) Contract by the persons named as Guests, it shall be deemed to bear acceptance and agreement by each and every person to all the additional Terms and Conditions set forth herein.
Guests acknowledges and expressly agrees BWR (and its affiliates) are acting solely in their capacity as resort operators, brokers and independent contractors arranging this resort stay and that TSU has no right or ability to control or direct the operational or navigational activities of the resort or hotel staff in any manner whatsoever including and without limitation: departure and arrival times, persons furnishing services to the resort or to the guests including excursions, personnel, or contractors, the condition of the resort and its equipment. TSU shall have no responsibility or liability to you for any claims or damages relating to activities described in the preceding sentence.
TROY SHOWS UP WITH FRIENDS WELLNESS AND RETREAT ALL-INCLUSIVE PACKAGE FARE
Your base Troy Shows Up with Friends Wellness and Retreat All-Inclusive Price Package includes payment for all TSU knowledge and talent/entertainment related fees, your accommodations at the Best Western Resort, all meals at the resort dining areas, other casual dining at the excursions throughout the day, alcoholic, non-alcoholic beverages (coffee, tea, juices, etc.), use of the resort’s pools, and recreation areas, and entertainment.
Your retreat package cost does NOT include meals in specialty and à la carte restaurants located off the resort and excursion areas, laundry, room service, medical expenses, spa treatments, beauty salon, onsite and offsite shopping, onsite and offsite gratuities, or any other items of a personal nature.
PRICES & PAYMENTS
Rates as described on the Pricing page of the Troy Shows Up With Friends website (www.troyshowsupwithfriends.net) are per person based on double occupancy or as per the number of guests booked in the room. All deposits are based on a minimum of two (2) guests per room. If you elect a single (1) person in a double occupancy room, you must indicate if you want the room inclusive and still pay the double occupancy price. The date you make your reservation will ultimately determine your total payment due at the time of booking.
Payments will be reflected on your Credit Card or Bank Statement as TML Entertainment, LLC. Or Troy Shows Up
Standard Deposit Requirements (special payment programs may supersede):
At the time of reservation
A $800 per person deposit is due at the time of the reservation for all-inclusive resort room.
Thursday, June 25, 2020
The remaining is due by Thursday, June 25, 2020 by all guests.
Reservations made on or after Thursday, June 25, 2020 will require a deposit of:
$1200 per person deposit is due at the time of the reservation for all-inclusive resort room.
Thursday, Aug 6, 2020
The remaining balance is due by Thursday, August 6, 2020 for all rooms.
Reservations made on or after August 6, 2020 will require payment in full..
ALL DEPOSITS/PAYMENTS ARE NON-REFUNDABLE AND NON-TRANSFERABLE – PROTECT YOUR TRAVEL INVESTMENT FROM THOSE UNFORESEEN CIRCUMSTANCES!
Due to the nature of this event, all deposits/payments for the Troy Shows Up With Friends Wellness and Retreat are NON-REFUNDABLE AND NON-TRANSFERABLE and therefore, we highly recommend Travel Insurance.
PROTECT YOUR INVESTMENT! Travel Insurance is NOT included in your reservation. The purchase of insurance is the sole responsibility of each guest attending and is NOT offered through TSU or the Best Western Resort. It is up to each guest to research and decide on a 3rd party vendor of his or her choice for insurance, if they choose to do so. TSU and Best Western Resort are not responsible for any losses, medical expenses accrued during travel and/or any and all deposits, due to lack of travel insurance.
A $25 per person late payment fee will be applied for each stay that does not remit payment by the required payment deadlines. Troy Shows Up with Friends Wellness and Retreat reserves the right to cancel any reservation that has missed one (1) payment date and does not attempt to return the TSU Reservations Team’s three (3) calls and/or emails.
If payment in full has not been received by Thursday, August 6, 2020, TSU reserves the right to consider a reservation canceled and to charge the applicable cancellation penalties.
The Payment Terms described above supersede those made by the BEST WESTERN RESORT guest Contract. Please note the payment provisions of these Terms and Conditions apply to the Troy Shows Up with Friends Wellness and Retreat, regardless of any representations made by BEST WESTERN or its affiliated entities, whether in the BEST WESTERN RESORT terms or elsewhere. The rights granted to BEST WESTERN RESORT Guest Contract relating to the payment or refund of resort stay and to cancellations by guests shall not be operative.
Rooms are assigned based upon occupancy and availability at the time of booking by Troy Shows Up with Friends Wellness and Retreat. Special requests will be accommodated if possible, as determined by Troy Shows Up with Friends Wellness and Retreat in its sole discretion. Adding additional guests after your initial reservation may not be permitted depending on room availability. Troy Shows Up with Friends Wellness and Retreat reserves the right, but not the obligation, to reassign guests to another comparable room at any time, if required in the sole opinion of Troy Shows Up with Friends Wellness and Retreat. Room Assignments are subject to the paragraph headed “Roommates”, below.
Due to the unique nature of our event, we have a very strict “NO REFUND/CANCELLATION” policy. No refunds will be issued, regardless of reason for cancellation. We HIGHLY recommend that passengers consider purchasing travel insurance.
ALL DEPOSITS/PAYMENTS ARE NON-REFUNDABLE AND NON-TRANSFERABLE – PROTECT YOUR TRAVEL INVESTMENT!
As mentioned above under “Room Fare” due to the nature of this event, all deposits/payments for COSTA RICA ALL-INCLUSIVE WELLNESS AND RETREAT are NON-REFUNDABLE AND NON-TRANSFERABLE. Therefore, we highly recommend travel insurance.
Travel Insurance is NOT included in your reservation. The purchase of insurance is the sole responsibility of each guest sailing and is NOT offered through TSU or the Best Western Resort. It is up to each guest to research and decide on a 3rd party vendor of his or her choice for insurance, if they choose to do so. TSU and Best Western Resort are not responsible for any losses, medical expenses accrued during travel and/or any and all deposits, due to lack of travel insurance.
Any cancellation and reservation changes must be submitted in writing using our “Change Request Form.” To request a form, please email us at email@example.com. No exceptions will be made.
There will be no refunds given for those who do not show up on time, for unused attendance/stay, or to those seeking refunds after the retreat/stay has commenced.
Please note the cancellation provisions of these Terms and Conditions apply to the Retreat, regardless of any representations made by Best Western Resort, whether in its guest contract terms or elsewhere. The rights granted to guests in the BEST WESTERN RESORT Guest Contract relating to the payment or refund of room fare and to cancellations by guests are superseded by these Terms & Conditions and shall not be applicable.
RESERVATION CHANGES, TRANSFERS & FEES
The Guest who places a reservation for a room is considered the room’s “Primary” guest and is therefore solely responsible for initiating or authorizing all changes to the reservation.
Primary guest name changes are considered a RESERVATION TRANSFER and are subject to a transfer fee of $50 USD. All new guests are required to complete and return Terms & Conditions.
No transfer or change of a reservation to a NEW guest shall be made without TSU’s prior written approval, to be given or withheld in TSU’s sole discretion. Subject to the preceding sentence, under no circumstances shall a Guest or any person or entity acting on Guest’s behalf (i) sell a reservation, room to any other person or entity for more than the price paid by the Guest, or (ii) offer the reservation or room to any other person(s) or entity(s) as a prize or award in a drawing, contest, lottery, sweepstakes, raffle or similar event of any kind; a transfer in violation of this sentence shall not be permitted, and the Primary guest shall indemnify and hold harmless TSU from and against any damages, losses and claims suffered by TSU as a result of a violation by Primary guest, or any other guest listed on the reservation, of this paragraph. If a Primary or other guest wishes to transfer the reservation, or room to a NEW guest, the Primary guest shall send a request in writing for approval of this transfer to TSU, along with (i) the reason for the requested transfer and a statement that the transfer will not violate this paragraph, (ii) the NEW guest name, and (iii) a completed TROY SHOWS UP WITH FRIEND WELLNESS AND RETREAT Guest Contract for the NEW guest(s). If the request is approved by TSU, the NEW guest must make full deposit payment amount due based on the above due dates. Once that payment has been made, then the applicable amounts paid by the ORIGINAL traveler will be refunded directly to the original traveler. Any NEW guest appearing with a reservation transferred to him/her in violation of this paragraph may be denied access by TSU or, in TSU’s sole discretion, removed by TSU from the Resort, at such NEW guest’s sole cost.
Through September 6, 2020
Each room will be entitled to one (1) complimentary name change (excluding Primary guest) or guest addition, for second or third guests, upon request in writing to TML Entertainment DBA Troy Shows Up. Any Additional changes prior to September 6, 2020 will be assessed a $20 fee for each occurrence.
September 6, 2020 – October 6, 2020
No changes will be allowed.
All reservation changes (name changes, transfers & fees) must be submitted in writing by the Primary passenger using our “Change Request Form. ” Change forms as well applicable payments required for any changes must be submitted by 5:30 pm Eastern by the above deadline dates. To request a form, please email us at firstname.lastname@example.org. The date that such written notice of change/cancellation is received will determine the applicable change fee/cancellation fees per the above schedule. No exceptions will be made.
RIGHT TO CHANGE ITINERARY
TSU and/or BEST WESTERN RESORT reserve the right, at any time, to change the retreat itinerary, excursions, speakers event schedule, subject of programs, duration of stays at excursions, departure times, and arrival times, whenever advisable or necessary, within their sole discretion. In such case, TSU and/or BEST WESTERN RESORT will NOT be responsible to guests for any loss or expenses caused by reason of such changes or abandonment. Refunds will NOT be made to guests who elect not to complete the retreat for any reason or cause whatsoever.
EXCURSIONS AND TOURISM
You assume sole responsibility for your own safety in any excursion or tourism of Costa Rica. TSU and the other Released Parties do not guarantee your safety at any time and shall have no responsibility or liability for your safety in any travels of Costa Rica. You may find information about the out of Country travels through the U.S. Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations. TSU and the other Released Parties assume no responsibility for gathering and/or disseminating any such information.
You acknowledge that severe weather conditions, conditions at Costa Rica, or other factors beyond the control of Troy Shows Up with Friends Wellness and Retreat may prohibit the excursions from taking reservations. In such case, TSU will NOT be responsible to guests for any loss or expenses caused by reason of such inability to partake in the excursions if such occurrences take place.
SHORE EXCURSIONS & RESORT AMENITIES
You acknowledge that all shore excursions and tours, however conducted; airline flights and ground transportation; and any hotel physician, nurse and resort concessions (including, without limitation, gift shops, zipline, horseback riding, ATV riding, Chocolate Tour, Waterfall, hiking, water rides, and snorkel concession) are operated by independent contractors and not by TSU. TSU neither supervises nor controls their actions, nor makes any representation, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that each of the Released Parties assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. You use them at your own risk.
Children must be at least 18 years of age at the time of the event to attend sessions.
Guests under the age of 21 must be traveling with a parent or responsible adult AND must be booked in the same room or a connecting room.
Guests under the age of 21, traveling with a guardian 21 years or older, (who is not a parent, grandparent or court-appointed legal guardian), MUST bring an original signed letter from the absent parent/legal guardian authorizing the minor to travel with the appointed guardian. This will expedite processing by the Department of Homeland Security. Please note that a notarized letter to this effect is highly suggested. In addition, the BEST WESTERN RESORT Parent/Guardian Consent & Release Form must be filled out and presented at the resort during resort registration with the required identification (a copy of both parents/legal guardians driver’s license or other government issued identification).
Please note that adult guests are responsible for the safety and behavior of their minor guests.
PASSPORT & LEGAL DOCUMENT REQUIREMENTS (As of April 2019 – subject to change)
Below are passport guidelines as of March 2019, however they are subject to change. We strongly encourage all guests to visit the Department of Homeland Security website (http://www.dhs.gov) for the most up-to-date traveler information including passport and visa requirements as well as travel advisories and safety recommendations.
Please Note: Guests who fail to have the required documents as determined by U.S. Customs & Immigration will be denied entering Costa Rica and such guests shall not be entitled to any refund nor shall Troy Shows Up with Friends Wellness and Retreat, TML Entertainment DBA Troy Show Up, or Best Western Resort have any further liability to such guests.
IMPORTANT INFORMATION FOR U.S. GUESTS ONLY
Please also note that as of January 22, 2018 not all driver’s licenses or state IDs may be used as a form of ID when flying. For more information on REAL ID and Air Travel, click HERE.
To find out if your state is REAL ID Compliant be sure to click HERE. BE PREPARED!
U.S. CITIZENS For information or to obtain a passport application, visit www.travel.state.gov.
U.S. Alien Residents & Non-U.S. Citizens Alien Registration Card (Green Card)
U.S. Alien Residents require a valid Alien Resident Card and, in some cases, a passport (depending on itinerary). Guests must check with their consulate or appropriate government authority to determine if their nationality requires, they also bring a passport along with their Alien Resident Card.
U.S. lawful permanent residents will continue to be able to use their Alien Registration Card issued by the Department of Homeland Security or other valid evidence of permanent residence status to apply for entry to United States.
Card renewal is an important matter. ARC holders (United States permanent residents) with expired cards may be considered “out of status” and may be denied entry / reentry into the United States. If your ARC was issued over 10 years ago, you should check the expiration date printed on the front of the card. If your card is expired, or it is about to expire, you should renew your card before you sail.
If you are holding an old edition ARC WITHOUT an expiration date, you will not be detained from entering the United States, but U.S. Customs and Border Protection highly suggests that you apply for a new card before you sail.
For additional information, visit:
Other Non-U.S. Citizens
All guests of nationalities other than United States must have a valid passport for six months beyond the period of their intended stay in the United States along with any and all valid visas (if applicable). Please see below additional information regarding the Visa Waiver Program and Six Months Passport Validity Rule excepted countries.
Non-U.S. citizens require a valid machine-readable passport and a valid, unexpired U.S. Multiple Re-entry Visa, if applicable. Guests are advised to check with their consulate, or appropriate government authority to determine the necessary documents.
Non-U.S. citizens that are eligible to apply for admission under the Visa Waiver Pilot Program must still have a valid unexpired passport. U.S. State Department regulations require all guests traveling from visa-waiver countries be in possession of a machine-readable passport that includes a biometric identifier – e.g., embedded digital photograph. Otherwise, guests will be required to obtain a U.S. Multiple Re-entry Visa. Guests without proper identification may be refused boarding or entry into the United States.
On occasion, non-U.S. citizens and U.S. Alien Residents may be asked to surrender their passport and/or Alien Resident Card at time of embarkation. These documents will be returned upon completion of the Immigration inspection at the time of debarkation.
For more information on the Technical Requirements for passports: CLICK HERE.
You will need a valid passport and, in some cases, a visa. If you live in the U.S., you will also need the original copy of your Alien Registration Card (ARC or “Green Card”) and any other documentation the countries on your itinerary require due to your alien status.
Citizens from the Visa Waiver Program countries will require a machine-readable passport valid for the duration of their travels.
A machine-readable passport has a code like this on the bottom of the picture page:
Troy Shows Up with Friends Wellness and Retreat and the other Released Parties (as herein defined) assume no responsibility for advising you of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for out of Country travels.
Citizens traveling under the Visa Waiver Program:
All eligible international travelers who wish to travel to the United States under the Visa Waiver Program must apply for authorization.
For additional details about ESTA and/or the Visa Waiver Program please visit: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
For more information, to see if your country qualifies for the Visa Waiver program, and to apply for a travel authorization, see ESTA.
All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. Please understand that Royal Caribbean will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
Family Legal Documents:
Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child’s valid passport and visa (if required) or the child’s birth certificate (original or certified copy) and an original notarized letter signed by at least one of the child’s parents. The notarized letter from the child’s parent must authorize the traveling adult to take the child on the specific cruise and must authorize the traveling adult to supervise the child and permit any medical treatment that must be administered to the child. If a non-parent adult is a Legal Guardian, the adult must present a certified certificate of Guardianship with respect to the child.
INOCULATION & HEALTH
All guests must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended, but in some circumstances, they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention’s Traveler’s Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.
GUESTS WITH SPECIAL NEEDS
By booking the retreat, you represent and warrant to TSU and BEST WESTERN RESORT that you, and those traveling with you, are physically fit to travel at the time of the retreat. Neither TSU nor BEST WESTER RESORT shall have any liability for damages or losses you suffer because you are not physically fit to travel.
Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy.
You assume all risks associated with travel and transportation on the Retreat (another reason it is highly recommended that you purchase travel insurance). When looking into travel insurance, it is important to research and understand what is covered under your policy. While in another Country, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Retreat may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse TSU and/or BEST WESTERN RESORT in the event that either party, in its sole discretion, advances to you the cost of emergency medical care, including medical evacuation and/or medical care provided, as well as transportation and/or lodging in connection therewith. Neither TSU nor BEST WESTERN RESORT shall have any responsibility to advance any such costs.
BEST WESTERN RESORT and TSU assume no responsibility for luggage. Any luggage left at the resort will be forwarded to guest’s address only at the guest’s expense. Claims for luggage loss or damage must be made in writing to resort personnel. All luggage must be stored in the guest’s room. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought on the retreat. Any such items shall be surrendered to security and may be disposed of at the sole discretion of Best Wester Resort.
You acknowledge that while all rooms within the resort are substantially similar, they may differ in minor ways in terms of size and/or layout. At no time is room configuration guaranteed unless specified and approved by TSU during booking.
Your selection of a roommate for the Resort is at your own risk. If you request TSU to select or assign a roommate for you, will do so as an accommodation to you, but you acknowledge that this selection or assignment shall be at your own risk, as (i) TSU does not “vet” potential roommates in any way or investigate the potential compatibility of roommates, and (ii) TSU makes no representations or warranties of any kind to you as to the compatibility, suitability, or background of any roommate assigned to you. TSU and its Released Parties are not responsible nor liable to you in any way for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Retreat or assignment of a roommate to you by TSU, including, without limitation, any claims arising out of injuries or damages suffered by you to your person or property which may be caused, directly or indirectly, in whole or in part, from such request, selection or assignment. For example, TSU and the Released Parties shall have no responsibility, obligation or liability to you in the event of fights between roommates, sexual or other harassment by your roommate, or other inconsiderate behavior by your roommate. TSU shall have no obligation or responsibility of any kind, or for any reason, to separate and move you or your roommate into other accommodations on board.
You may not sell, promote, distribute or offer for sale any merchandise, goods, souvenirs or other products on the Retreat without first obtaining TSU’s written approval.
PHOTOGRAPHY & VIDEO
TSU and/or its promotional partners will have photographers, videographers and the like on the Retreat to film or photograph Guests, and TSU and/or its promotional partners shall have the exclusive right to use or include photographic, video and other visual portrayals of Guests in any medium of any nature whatsoever, worldwide, in perpetuity, for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to guests, and all rights, title and interest therein (including all worldwide copyrights therein) shall belong to TSU and shall be TSU’s sole property, free from any claims by guests or any person deriving any rights or interest from Guest. A video and/or crew will be shooting photographs and footage to be used for the promotion of future TSU events. When the video team or camera crew is shooting in any particular location/venue on the location (resort or excursions, your presence in said location/venue acknowledges your irrevocable permission for your likeness to be used in the video or photograph by TSU and/or its promotional partners for their future promotional videos or still pictures, worldwide, in perpetuity, in all media. If you do not wish to be filmed, please notify the video or camera crew and be prepared for them to ask you to exit the location/venue for a short time until taping/shooting is complete.
PHOTO POLICY FOR GUESTS
Guests may be permitted to take photos at the resort and excursion and during classes and performances with small, non-professional digital cameras and cell phones. Out of respect for our performers and your fellow guests, we ask that you please NOT use flash during classes. Professional quality cameras with detachable lenses and video specific cameras are strictly prohibited. In addition, any and all videotaping or audio recording is prohibited. We appreciate your cooperation!
REFUSAL OF PASSAGE/ENTRANCE
Appearance at/on the retreat/resort may be denied to any person who, in TSU or BEST WESTERN RESORT sole discretion: (1) is or becomes in such a condition as to be unfit to occupy; (2) is dangerous or obnoxious to others; or (3) is inadmissible to the country under the laws of Costa Rica. In addition, TSU and BEST WESTERN RESORT reserve the right to refuse participation, to occupy or to confine to a room any guest whose physical or mental condition or behavior they consider, in TSU and/or Best Western’s sole discretion, to constitute a risk to the person’s own well-being or the well-being of any other person, and such person waives all claims relating to such actions by TSU and/or BEST WESTERN RESORT. TSU and/or BEST WESTERN RESORT have the right to disallow booking or attending to any guest, who in the opinion of TSU and/or BEST WESTERN RESORT may impact the Retreat, the business or reputation of TSU and/or BEST WESTERN RESORT, other guests, speakers, or artists in a negative or disruptive way. TSU and BEST WESTERN RESORT shall have full discretion and unilateral rights to make any such decisions. The Released Parties shall have no liability to any such person or any third party for damages or claims arising out of any such decisions described in this paragraph. Any costs resulting from TSU and/or BEST WESTERN RESORT’S decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the guest.
Guest, or if a minor, his or her parent or guardian, shall be liable to, and shall reimburse BEST WESTERN RESORT, TSU, and the other Released Parties for, any damage to the Released Parties’ property, the Resort, the Transport or any property of BEST WESTERN RESORT or TSU, or claims or losses suffered by or made against BEST WESTERN and/or TSU, caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Guest; and, or if a minor, his or her parent or guardian, shall further indemnify the BEST WESTERN RESORT, TSU, and the other Released Parties and each and all of their agents and servants against all liability which the Released Parties may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Guest.
If, during the Retreat, Guest feels that his/her safety is jeopardized by the act of any person, or if Guest is injured by the act of any person or in any other incident (collectively referred to as an “Incident”), Guest shall immediately report this Incident to the BEST WESTERN RESORT Hospitality Desk at the resort. In such instance, Guest shall cooperate with TSU in any investigation of the Incident that TSU may conduct, in TSU’s discretion. Guest acknowledges that a failure to report any Incident to TSU during the Retreat will hinder, and possibly prevent, TSU’s ability to investigate such Incident, and in the event of such failure to timely report, TSU and BEST WESTERN RESORT shall have no liability or responsibility to Guest or others arising out of the Incident.
During the Retreat, Guest shall abide by and conduct him/herself in accordance with all rules, regulations and directions of TSU and/or BEST WESTERN RESORT (the “Rules”), including the Rules set forth in these Terms & Conditions and the Rules of which Guest is made aware during the Retreat/Stay. The Rules include, but are not limited to, the following: during a performance, presentation, question and answer session, or other event, Guest shall not (i) attempt to disrupt onto any artist that may be performing, (ii), or (iii) do anything that may interfere with a class or with the audience’s enjoyment of the performance or class. Guest acknowledges that there may be security personnel present at performances to enforce the Rules and to protect the performers and the enjoyment of the performances by the audience. Passenger agrees to immediately comply with the requests of security personnel.
In the event of a violation of the Rules or these Terms & Conditions by Guest during a performance or class, Guest acknowledges that security personnel will act quickly to protect the speakers, artists and other guests, and to prevent Guest from disrupting the classes and performance or creating safety issues for others, and Guest hereby releases TSU and/or BEST WESTERN RESORT from any injuries, claims or losses suffered by Guest as a result of the actions of security or other personnel (including physical acts) in the event of Guest’s violation of these Rules or Terms & Conditions.
Guest shall not put any person in danger for their safety or well-being, or engage in a fight or other altercation with any person, at the Resort or Excursions.
In the event of a disruption of a class session and performance by Guest in violation of the Rules, or a fight in which Guest is a participant, TSU and/or BEST WESTERN RESORT shall have the right, in its discretion, to remove guest from the performance and/or class, to bar Passenger from future participation during the Retreat, to remove Guest from the Retreat (at Guest’s sole expense), and/or to ban Guest from attending any future TSU events. In the event of any other violation of the Rules by Guest, TSU and/or BEST WESTERN RESORT shall have the right, in their discretion, to remove Guest from the Resort (at Passenger’s sole expense) and/or to ban Guest from attending any future TSU event.
ZERO-TOLERANCE DRUG POLICY
Troy Shows Up with Friends has a zero-tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in vacating from the resort as well as the individuals being turned over to the local law enforcement officials for appropriate legal action, in TSU’s discretion. In such cases, TSU and Best Western Resort shall not be liable for any refund or other compensation or damages.
LIMITATION OF LIABILITY
By booking the Costa Rica All-Inclusive Package, you (the guest) hereby release and hold harmless the Released Parties, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the All-Inclusive Package Resort Stay, including, but not limited to: (1) injury, death or delay of guests, or loss, damage or delay of or to guests’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the All-Inclusive Package, including, without limitation, guest’s use of or participation in any excursion, on resort concession or athletic or recreational activity, unless such injury, etc. is caused by the gross negligence or intentional acts of Released Parties; (2) your request for or selection of a roommate for the resort stay (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same guest’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled TSU events and/or celebrity appearances; (5) violation of the Rules by you; or (6) if BEST WESTER RESORT exercises its contractual rights as set forth in the Booking Contract (see below); or (7) any change in scheduled classes or due to events of force majeure, including, but not limited to, weather, illness, death, mechanical failure, Acts of God, terrorism, war, labor strike, rebellion, and/or decisions of BEST WESTERN RESORT.. You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.
In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then the Released Parties’ liability shall be limited to the maximum extent permitted by law. In addition, in such case:
- Claims for Personal Injury, Illness or Death: – Subject to these Terms & Conditions, the Released Parties shall not be liable for any claims whatsoever for the personal injury, illness or death of a guest, unless the guest has first notified the BEST WESTERN RESORT hospitality desk of such injury or illness during the Retreat if the injury or illness first occurred during the Retreat (so that TSU may begin to gather information about such injury or illness while the Retreat is still going on), and full particulars in writing are given to TSU within 90 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, event, illness or death. You (the guest) expressly waive all other potentially applicable state or federal limitations periods.
- Claims other than Personal Injury, Illness or Death: – Subject to these Terms & Conditions, the Released Parties shall not be liable for any claims whatsoever, other than for personal injury, illness or death of a passenger, unless the guest has first notified the BEST WESTERN RESORT hospitality desk of the existence of such claim during the Retreat if such claim was or should have been known to passenger during the Retreat (so that TSU may begin to gather information about such claim while the Retreat is still going on), and full particulars in writing are given to TSU within 90 days after the guest is landed from the Retreat. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within one year after the date the guest is landed from the Retreat or the Retreat is abandoned. You (the guest) expressly waive all other potentially applicable state or federal limitations periods.
THE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF THE RELEASED PARTIES SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND SUPPLIERS OF THE RELEASED PARTIES, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL THE RELEASED PARTIES OR BEST WESTERN RESORT BE LIABLE TO GUEST FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
CANCELLATION BY TSU AND/OR BEST WESTERN RESORT
In the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of TSU or BEST WESTERN RESORT, TSU or BEST WESTERN RESORT in its sole discretion may cancel, advance, or postpone the retreat. If the Retreat is completely cancelled, TSU shall return to you your fees for the retreat ($2400 per person, or less if booked three persons in a room, and more if booked as a single guest double occupancy). If the Retreat is partially cancelled, a proportionate part thereof. Under such circumstances, TSU and the Released Parties shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare, other hotel, car rental), even if purchased in conjunction with the Retreat, will be determined in accordance with the applicable cancellation policies for such other products or services and shall not be the responsibility or obligation of TSU or BEST WESTERN RESORT.
ARTIST/SPEAKER, ILLNESS, FAILURE TO APPEAR OR PERFORM
TSU has entered into an agreement with each speaker and or artist performing at the retreat, as applicable, under which the speaker or artist is to be present at the retreat in accordance with terms specified therein. However, neither TSU nor BEST WESTER RESORT shall be liable or responsible in any way to Guests or others for the failure of any speaker or artist, to appear at the event/retreat or to speak at the event/retreat. Further, neither TSU nor BEST WESTERN RESORT shall be liable or responsible for any loss, damage, cost, or expense of any kind (including, but not limited to, actual damages, consequential damages, or travel-related expenses or damages) to any Guest or any other person or entity (i) in the event that such performance or appearance does not occur because of the failure of any speaker or artist/musician to appear on board or to perform pursuant to such speaker or artist/musician’s agreement with TSU, (ii) because such appearance or performance by an speaker or artist/musician is prevented or caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the venue (for which the Management shall be the sole judge), breakdowns of or damage to the venues’ building, requisition of the venue by governmental authority, illness or death of artist, illness or death of a family member of artist, or any other cause or circumstance beyond TSU’s reasonable control, or (iii) speaker or artist’s appearing at venue/retreat but being unable or unwilling to fulfill all of speaker or artist’s responsibilities required under its agreement with TSU. In the event of any failure of contracted speaker or artists to perform during the event/retreat, TSU, in its sole discretion, may (but shall have no obligation to) engage a replacement speaker or artist/musician schedule additional performances by other speaker or artists/musicians appearing at the event/venue, or may change, postpone or terminate all or any part of the Retreat or the speakers or entertainment program or change the program or itinerary. In such case, TSU, shall have no liability of any kind to any Guest for any loss, damage, cost or expense whatsoever suffered or incurred by Guest by reason of such change. If any contracted speaker(s) or artist(s)/musician(s) does not appear at the event/venue to perform during the Retreat, or appears at the event/venue but is unable to or does not perform, Guest shall have no right to cancel his/her agreement with TSU with respect to the retreat or to receive any refund of any monies paid to TSU in connection with the Retreat, and TSUWS shall have no liability or responsibility of any kind to Guest, including but not limited to liability for actual damages, consequential damages, or travel-related expenses or damages.
The resort itself is controlled and operated by BEST WESTERN RESORT, not TSU. Guest acknowledges and agrees that TSU shall have no responsibility or liability of any kind to Guest for any issues, claims or damages of any kind arising because of conditions on the resort itself – such as, but not limited to, maintenance issues at the resort, departure and arrival times, facilities provided on resort (i.e., swimming pool, bars, furniture, etc.) food and beverages served on the resort, lodging conditions (including beds, room furniture, plumbing, electrical), and/or resort safety issues.
DECISIONS OF BEST WESTERN RESORT
Released Parties shall not be liable to any guest for a full or partial refund of any retreat stay, or for any lodging or transportation expenses, as a result of BEST WESTERN RESORT’S exercise of its contractual rights or other rights set forth above.
Except where prohibited by law, you (the guest) expressly agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Retreat shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Nashville, Tennessee, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any objection to venue, jurisdiction or other objection that you may have to any such action or proceeding being brought in any federal or state court located in Nashville, Tennessee; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Retreat, but in no event attorneys’ fees; and (4) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee.
All trademarks are the exclusive property of their respective owners, and you shall have no rights to use or display any such trademarks, including but not limited to trademarks of TSU and BEST WESTERN RESORT, without the express written permission of the trademark owner.
The information contained on this page and in other pages and material relating to the Retreat, including any information regarding celebrity participation and programmed events, is subject to change at any time, in the good faith discretion of TSU. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.
Guest acknowledges and confirms that any travel agent utilized by Guest in connection with the issuance of this booking is, for all purposes, Guest’s agent and the Released Parties shall not be liable for any representation made by said travel agent. Guest shall at all times remain liable to TSU for the price of retreat.
These Terms and Conditions and the terms accepted during the retreat reservation process contain the entire agreement between TSU and Guest and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of TSU. If any portion shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.
** The above Terms & Conditions are subject to change at any time in TSU’s good faith judgment**
TROY SHOWS UP WITH FRIENDS WELLNESS AND RETREAT CONTRACT: