Please refer to definitions at the bottom of this document.
By purchasing, booking, redeeming, or participating in a Proposal-Ideas.com Package, or by accessing, browsing and using the Site you agree to be subject to the following Terms and Conditions and release Proposal-Ideas or its parent company, assigns, employees and consultants from any and all liability for any loss, injury, claim, cost or damage directly or indirectly connected with the chosen package. In consideration of your participation in a Package, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to change these Terms and Conditions at any time without prior notice. All changes to these Terms and Conditions will be posted on the Website.
Proposal-Ideas.com recognizes that persons with disabilities may have difficulty participating in certain packages. While certain proposal packages may require certain physical abilities, we encourage the involvement of all persons in the Package to the most reasonable extent possible. However, we cannot guarantee that persons with certain disabilities will be able to fully participate in all Packages. For any further questions or comments, please call at +1 646.224.6929 or email us at email@example.com.
Proposal-Ideas.com utilizes a nationwide network of Vendors and are continuously adding locations and services offered. If we need to change or withdraw packages due to circumstances beyond our control, comparable alternatives will be offered. Our Vendors have their own terms and conditions and in order to participate in the Package, participants will be required to accept their Terms and Conditions. Participants may also be required to sign an acceptance form or a waiver by the Vendor and will be informed of this before or at the time of the Package. Vendors are not our agents or employees and we make no warranty, representation, or guarantee regarding the Vendor, including without limitation the availability, quality, safety, or efficacy of the Vendor.
PROPOSAL-IDEAS.com PACKAGE DESCRIPTIONS
We strive to keep all information regarding Packages as accurate and up to date as possible. However, precise details of each Package may change from time to time and from each Vendor and may not fully or precisely describe the actual Package received. The description is a summary at the time of publication but may change, subject to Proposal-Idea’s or our Vendor’s discretion. The chronology, duration and timing of each Package, if any is stated, is an approximation and may vary depending on the discretion of the Vendor, the location of the Package, weather or other factors. In addition, when Package includes multiple participants or Vendors, there may be waiting and/or instruction time throughout the duration of the Package. The pictures used in all promotional materials, including the website, are for illustration purposes only and may not accurately reflect the details of an individual Package.
Proposal-Ideas.com uses commercially reasonable efforts to communicate all terms, conditions, limitations, and restrictions applicable to participation in Package at the time of purchase and booking, such as age or height restrictions, health factors, equipment requirements, and other such information. We strive to keep Package information as up to date as possible. In addition, the Vendor may contact you in order to provide additional information or restrictions about Package prior to your scheduled date of participation. It is your responsibility to comply with all necessary requirements of your Package as set out on the Website or as otherwise provided by Proposal-Ideas.com or our Vendors. Cancellations of Package after Booking Confirmation due to your inability to meet these requirements or the inability of any other participant to meet these requirements is subject to the cancellation and rebooking policies of the Vendor. We do not warrant the correctness, accuracy, or reliability of any documents or other information provided about a package by ourselves or any of our Vendors.
Some Vendors recommend or require certain items of clothing and/or footwear to be brought to the venue or worn for the Package. Alternatively, some Vendors restrict certain items of clothing and/or footwear from being worn for an Package. Please make sure to comply with these requirements before setting off to take part in the package. We will not be held liable for the non-provision of an Package due to a failure by the Participant to bring or wear the required clothing and/or footwear. In such cases the reservation cannot be rescheduled and no refund will be available.
Participant, redeemer, purchaser or recipeint grants Proposal-Ideas.com and Photographer permission to display, use and publish images from their event as an example of Proposal-Ideas.com's or the Photographer or their company's work and to release all claims to profits that may arise from use of images. The participant, redeemer, purchaser or recipient may use the images for personal purposes only. Permission must be acquired from Proposal-Ideas.com and the Photographer if the contracting party wishes to use the images for other than personal use. All images remain copyright of the Photographer or their company in perpetuity, regardless of the possession or ownership of photographs, digital files or any other format of reproduction, and may not be reproduced without written permission of the Photographer or their company and Proposal-Ideas.com.
When you redeem or book a Package, you authorize Proposal-Ideas.com to facilitate reservations on your behalf with any third parties with whom Proposal-Ideas.com have contracted to provide the Package, including making payment arrangements on your behalf with the Vendor. Vendors have their own terms and conditions. In order to participate in a Package, Participants will be required to accept the Vendor’s terms and conditions. Participants may also be required to sign an acceptance form or a waiver by the Vendor and will be informed of this when they make a booking or by the Vendor at the time of the Package. Proposal-Ideas.com are your booking agent to schedule and Book Now! on your behalf to relevant Vendors. Once we schedule your Package with our Vendors, We will contact you and provide booking confirmation information. You must follow all instructions as outlined in your booking confirmation email. Failure to do so may result in non-participation in Package. In this situation, refunds or rescheduling will not be possible. We are not responsible for any additional terms, conditions, requirements, restrictions, waivers, guidelines, rules or other obligations imposed by Vendors that are not stated in these Terms and Conditions. Vendors are solely responsible for their health and safety standards and operating practices. Proposal-Ideas.com and our Vendors have the right to refuse to provide any Package or any portion thereof to the redeemer, participant, purchaser or recipient for any reason.
AVAILABILITY, BOOKING AND CONFIRMATIONS
The general availability guidelines for each Package as listed on the details page for that package are guidelines only and no guarantee of availability. We cannot guarantee a reservation for a package for a chosen day or time. Your initial booking is a request and as such does not guarantee your reservation. You should not consider your reservation confirmed until receiving a confirmation email. The email address that was used to book the Package will receive a written confirmation by email (or any other method deemed necessary by us) once a reservation has been confirmed. If for any reason the confirmation email is not received, it is your responsibility to contact us to seek confirmation. All Packages are offered subject to availability and must be booked according to the booking procedures stated in these Terms and Conditions. We are not responsible in any way for any appointments made directly with a Vendor. Bookings must be made in advance. Guidelines and suggestions for advanced booking will vary by Vendor and are provided on the Website and during the booking process. In the case of overbooking, mechanical difficulties, acts of God, equipment availability, illness, weather conditions, or other acts or events outside our control or that of our Vendors, We reserve the right to work with the Vendor to make a reasonable substitution on the day of the package being used. If substitution is not possible, Proposal-Ideas.com reserve the right to cancel the package on short notice. If a Package is cancelled by us or one of our Vendors, for any reason, you will be notified as soon as possible in order to book a convenient alternate date for your package at no additional charge. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, Proposal-Ideas.com will not offer refunds or be liable in any way for expenses that you or other Participants incur relating to a Package that has been cancelled by us or one of our Vendors pursuant to this paragraph.
RESERVATIONS AND CANCELLATIONS
Cancellations may not be initiated by a Participant, redeemer, recipient or purchaser. Once your booking request has been initiated, no refunds are possible. Rescheduling is normally possible within certain time constraints as outlined in the availability section of the Package details. Each Package lists the number of days prior to a scheduled reservation until which changes can be made to the date and time of the reserved package. No changes including cancellations can be made to a reservation after that time period. Changes to reserved packages prior to the deadline posted may be subject to a fee by us or our Vendors. In limited cases, an Package that has been confirmed by Proposal-Ideas, may need to be cancelled by the Vendor. In such cases, we are not liable for any costs incurred by the Participant(s), redeemer, recipient or purchaser including any travel or other related arrangements. Participants will be able to re-schedule any Packages cancelled by us or our Vendors. Proposal-Ideas.com and our Vendors reserve the right to substitute certain elements of the Package, should those elements change or become unavailable due to circumstances beyond our control. Due to the nature of some Packages, participation may be dependent upon the weather. The Package description and reservation confirmation will include advice about weather related cancellations by the Vendor. It is the responsibility of the Participant(s) to confirm their reservation with the Vendor if there are any weather related issues or questions on the day of the reservation. Provision of the Package is at the sole discretion of the Vendor. Participants will be able to re-schedule any Package(s) cancelled by the Vendor due to weather related issues. Unattended reservations for Packages held cannot be rescheduled and the value of the original booking will be forfeited. Exchanges or refunds cannot be made once a reservation for the Package has been made.
We do not process any returns or reimburse any payment transactions on any purchases of our Packages.
Problems with the Package are best rectified on the day. Therefore, if there are any problems or complaints, please notify the Vendor immediately so they have the opportunity to address the issue(s). We also expect the Participant, redeemer, recipient or purchaser to inform us of the details of the complaint at the earliest reasonable time following the Package. OTHER TERMS AND CONDITIONS Proposal-Ideas.com are independently owned and operated. Our Vendors are individually responsible for their health and safety standards and operating practices. Proposal-Ideas.com therefore makes no guarantees of the consistency or efficacy of individual Vendors.
We accept no responsibility and shall not be liable for any loss, injury, claim, cost, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise which arises out of or is in anyway connected with (a) the use of one of our Packages or (b) the performance or nonperformance by any Vendor even if all parties have been advised of the possibility of damages. We shall under no circumstances be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control.
If any provision of this Agreement is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. All clerical errors are subject to correction. The failure of Proposal-Ideas.com to enforce at any time any of the provisions of the Agreement shall not be construed to be a waiver of such provisions or the right of Proposal-Ideas.com to enforce such provisions in the future. The Purchaser, Recipient, Redeemer and/or Participant may not assign any rights under these terms.
Agreement without Our written consent. The Purchaser, Recipient, Redeemer and/or Participant shall have no right to set off amounts due with respect to one transaction for claims under any other transaction with Proposal-Ideas.com. Any disputes arising under this Agreement shall be resolved, if not sooner settled, by a state or federal court of competent jurisdiction located in New York, U.S.A., and the Purchaser, Recipient, Redeemer and/or Participant hereby irrevocably submits to the exclusive jurisdiction of such courts. These Terms and Conditions are subject to change.
ACCEPTANCE OF RISK
You understand and agree that you must evaluate and bear all risk associated with purchasing, redeeming, participating in, or otherwise using any Package provided by Proposal-Ideas. Without limiting the foregoing, you understand and agree that, depending on the Package you select, the Package may include activities with significant safety risks to you. You and any other participants in your Package represent and warrant that you and they (1) reasonably anticipate these safety risks and accept them, (2) have had time to consider and review all relevant information regarding participation in the Package, (3) voluntarily choose to participate in the Package, and (4) knowingly and voluntarily assume, as between you or them and Proposal-Ideas.com, all risks associated with selection, purchase, redemption, and/or participation in any Package.
Notwithstanding your agreement to accept all risks associated with any Package, if you have appeared for your Package at your scheduled time, date, and location, you or any other participants may decline to participate in the Package if you or they decide at the time of the Package that the level of risk is too great or you or they are not satisfied by the Vendor’s safety standards. In these circumstances, you must notify the Vendor immediately of (a) the fact that you decline to participate, and (b) the nature of the safety issue. Vendors may work with you to rebook the same (or similar) Package at our sole discretion, based on the nature of the safety issue.
Proposal-Ideas provides a booking service, and Participant agrees that Proposal-Ideas has earned the full price of the booking service collected for processing orders whether or not.com Participant redeems the tickets or uses the tour/activity/package services requested. Proposal-Ideas.com provides booking services and delivers reservation information by the Internet, and Participant, redeemer, recipient or purchaser accepts that this is the service rendered by Proposal-Ideas. Proposal-Ideas.com does not sell merchandise; Proposal-Ideas.com provides booking services. In booking tickets, Proposal-Ideas.com is acting as an agent for customer in obtaining the ticket or reservation. Once booked, the ticket or reservation is the property of Participant. In conformance with the agency agreement herein, Proposal-Ideas may charge a portion of the total amount you have authorized to be paid to Proposal-Ideas.com, redeemer, recipient or purchaser and may charge the balance of the total amount you have authorized to be paid directly to the Vendor used by Proposal-Ideas.com
Abusive or Disruptive Behavior
- In the sole discretion of a Vendor or its guide, driver or agent, any guest deemed to engage in abusive or disruptive behavior during a package or activity may be removed from the tour or activity and there will be no refund. The Participant will be responsible for providing his/her own transportation back to the origination point.
- In the sole discretion of a Vendor or its guide, driver or agent, any guest who appears to be under the influence of alcohol or drugs may be prohibited from the tour or activity. Intoxicated guests will not be allowed to participate and there will be no refund for intoxicated guests so prohibited, or for any companions who choose to not take the tour or activity as a result.
- Illegal activity of any kind by a guest will result in the Package immediately being ended by the Vendor or tour guide, even if the vehicle is in a remote area. The guest(s) will be removed from the vehicle and law enforcement will be notified. There will be no refund.
You agree to defend, indemnify, and hold harmless Proposal-Ideas.com and its parent company, employees and consultants, its licensors, licensees, Vendors, and other suppliers and their respective parents, subsidiaries, and affiliated companies, and the officers, directors, shareholders, employees, and agents of all such entities, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, without limitation, reasonable legal and accounting fees, brought by you or any third parties (collectively, “Claims”) arising out of or resulting from: (1) your use of a Package; (2) your participation in a Package, regardless of whether your Claim is based in tort, strict liability, or any other legal theory; (3) your violations of these Terms and Conditions; (4) your violation of any law or the rights of a third party; and (5) your use of the Website.
LIMITATION OF LIABILITY AND RELEASE
PROPOSAL-IDEAS AND ITS LICENSORS, LICENSEES, VENDORS, AND OTHER SUPPLIERS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF ALL SUCH ENTITIES HEREBY DISCLAIM ANY AND ALL WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) IN CONNECTION WITH ANY PACKAGE, YOUR USE OF THE PROPOSAL-IDEAS BOOKING SERVICE, AND/OR YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. PROPOSAL-IDESA ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, PROPOSAL-IDEAS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY VENDOR OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR USE OF ANY PACKAGE. PROPOSAL-IDEAS HAVE NO LIABILITY AND WILL MAKE NO REFUND FOR SUCH DAMAGES OR EXPENSES. While Proposal-Ideas make reasonable efforts to ensure the accuracy and completeness of the information contained on the Website, any Booking Confirmation, or other materials or communications to you, such information and communications may contain technical inaccuracies or typographical errors. PROPOSAL-IDEAS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF SUCH INFORMATION OR COMMUNICATIONS OR ANY SOFTWARE, PRODUCTS, OR SERVICES MADE AVAILABLE ON THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SAME. ALL SUCH INFORMATION AND COMMUNICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUS.
BY PURCHASING, REDEEMING, BOOKING AND/OR PARTICIPATING IN A PROPOSAL-IDEAS PACKAGE, YOU HEREBY RELEASE AND FOREVER DISCHARGE PROPOSAL-IDEAS FROM ANY AND ALL LIABILITIES, LOSSES, CHARGES, CLAIMS, COSTS, DAMAGES, INJURY AND ACTIONS, IN LAW OR EQUITY, THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES HAVE OR MAY IN THE FUTURE HAVE BY REASON OF ANY ACT, OMISSION, MATTER, CAUSE OR THING THAT OCCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH A PARTICULAR PACKAGE.
Despite the limitations and release above, if Proposal-Ideas are found liable for any loss or damage which arises out of or if in any way connected with any of the occurrences described above, then the liability of Proposal-Ideas shall in no event exceed, in the aggregate, the greater of (a) the amounts paid for the Package giving rise to your claim, or (b) one hundred dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations of liability and release provided in these Terms and Conditions inure to the benefit of Proposal-Ideas and shall survive the termination of your relationship with Proposal-Ideas for any reason.
Purchaser or Redeemer
The person who completes the financial transaction or the person or persons who request a reservation for a date(s) of service with the Proposal-Ideas Vendor for a Package.An electronic receipt will be provided to the purchaser or redeemer at the time of the transaction.
Proposal-Ideas or We or Us or Our or Ourselves
A division of Brilliant Event Planning
Any corporation, individual or group of individuals designated by Proposal-Ideas engaged in the provision of Packages or related materials.
Any photography corporation, individual or group of individuals designated by Proposal-Ideas engaged in the provision of Packages or related materials.
The person or persons designated to participate in the Package by the purchaser.
The person or persons who participate in the Package.
The combination of services or activities or Package that is booked through the Proposal-Ideas.com Website.
Proposal-Ideas.com welcomes your questions or comments regarding the Terms:
[insert new number here]
Effective as of January 01, 2012