BEFORE SUBMITTING A REGISTRATION THROUGH THIS SITE, PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCEPTANCE AND REGISTRATION, YOU WILL BECOME LEGALLY OBLIGATED TO FULFILL AND COMPLY WITH THE PROVISIONS SET FORTH BELOW AND THE SAME SHALL BECOME A LEGALLY BINDING CONTRACT.
Upon the earlier to occur of: (a) payment of the deposit, or (b) payment of the Agreed Amount (defined below), the traveler agrees to be bound by the following terms and conditions. Special Events Management, LLC, dba FormalWeekend.com operates https://www.formalweekend.com. Special Events management, LLC (“SEM”) is acting solely as a broker and not as your agent. SEM is responsible for making arrangements for the accommodations, services and events that constitute the event package (the “Event Package”) arranged by your organization (the “Organization”), except to the extent the same become unavailable for any reason beyond SEM’s reasonable control. Specific details of the Event Package are available through your Organization. By acceptance hereof, you represent, warrant and agree that you are familiar with the terms and limitations of the Event Package and agree to be bound by the same.
Limit of Liability: SEM shall not be liable for any personal injury, property damage, inconvenience, loss of time or other loss, damage or other consequence, direct or indirect, arising out of or resulting from any act, omission or negligence of any motor coach company, hotel, bar, restaurant, venue or other person rendering any service or providing any accommodation or event in connection with the Event Package arranged by your Organization, or from any theft, accident, crime, government action, weather, act of God or other reason. You hereby irrevocably and forever waive and release SEM and its Covered Persons (defined below) from and against any of the foregoing.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, REPRESENTATIVES OR AGENTS (EACH A “COVERED PERSON”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (A) LOSS OF GOODWILL, REPUTATION, PROFITS, DATA OR OTHER INTANGIBLE LOSSES; (B) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE; (C) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION; (D) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, IN WHOLE OR IN PART; (E) ERRORS OR INACCURACIES CONTAINED IN THIS SITE OR ANY OTHER INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE, OR (E) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
Indemnity. You agree to release, defend and indemnify SEM and each Covered Person from and against all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to reasonable legal fees and court costs, brought: (i) by you or on behalf of you or your estate, or (ii) by any third party as a result of:
- Your breach of this agreement;
- Your violation of any law or right of a third party;
- Your use of this site in violation of this agreement;
- Your damage to or destruction of any property belonging to a third party;
- Any charges, costs and expenses related to Your actions or inactions; and/or
- Any charges, whether authorized or unauthorized, made by You, your family or guest.
For purposes hereof, the term “You and “Your”, even if not capitalized, shall mean you, your immediate family member(s) and any guest accompanying you on all or any portion of the Event Package.
Third Parties. If you use this site to submit requests, or otherwise register for an Event Package, on behalf of a third party (“Third Party”), including a family member or traveling companion, you are responsible for all actions of such Third Party just as if taken or omitted by you individually.
Event Package and Pricing. An Event Package will include items specifically stated in the confirmation page, registration and trip information details listed on the website. Pricing, fees and payment schedule are detailed on the registration page and trip information details listed on the website. Event Package and Pricing may vary by trip and participants individual selections at the time of booking. Event Package and Pricing is based on the number of participants agreed upon at the time of contract with the group and may be subject to change, pro-rated or additional funds to be collected if the minimum number of participants contracted with the group is not reached. Pro-rated charges or additional funds due may be paid by the trip participant as an individual or invoiced to the group as a whole. Other Pricing charges which include but are not limited to transportation fuel charges, late fees, name change fees, transfer fees, etc. may be imposed at the discretion of the Third Party.
Third Party Providers. You agree to abide by all terms and conditions imposed by any third party provider which may include, without limitation, hotels, motor coach or bus operators, venues, restaurants, bars or arenas (herein, a “Third Party Provider”), whether that Third Party provider is selected by you, the Organization or SEM. You understand that violation or failure to comply with any such Third Party Provider’s rules and restrictions may result in your reservations being cancelled, your ejection from the premise(s), cancellation of your reservations and other monetary and legal consequences. You shall be completely responsible for all charges, fees, duties, taxes, penalties, fines, impositions, deposits and assessments resulting from your actions or inactions. Without limiting the foregoing, you understand that alcoholic beverages may be provided in connection with the Event Package and you agree to comply with all applicable laws, rules and restriction applicable to the consumption of alcohol, including minimum age restrictions, operation of motor vehicle restrictions and appropriate behavioral standards. You are responsible for safe and responsible consumption of alcohol.
Payment. By accepting the terms hereof, you agree to pay to SEM the full attendee charge, in addition to any indemnity or other sums due hereunder. Without SEM’s prior consent, your obligation to pay this amount can not be cancelled, is non-assignable, and is non-refundable.
For your convenience, SEM may permit payment of the attendee charge in multiple payments. In such event, all installment payments shall be due and payable in full on or before the deadlines imposed by SEM. By acceptance of these terms and conditions, you irrevocably authorize SEM to charge your credit card on file for all such payments, when due. Any attempt to revoke this authorization, cancel or otherwise limit SEM’s right or ability to charge your credit card shall be a default of this agreement and SEM shall be entitled to cancel your reservation, retain your payment, seek payment of any balance due and or exercise any other right or remedy available at law or in equity. In no event shall failure of your credit card to process any payment excuse your obligation to submit such payment to SEM. You shall be obligated to reimburse SEM for all costs and expenses incurred in seeking such remedies including, but not limited to, reasonable attorney’s fees and court costs. Upon check in at any hotel covered by the Event Package, you shall provide your credit card and identification to cover any incidental, damage or other charges. Without limiting anything herein to the contrary, you shall be directly responsible to any third party, including any Third Party Provider, for any costs, expenses or damages resulting from your actions, or those of your guest, and shall indemnify SEM against the same.
Transfers and Name Changes. An individual participant Event Package may be transferred to another participant at the discretion of SEM. Transfers may be available fifteen (15) days prior to the departure date and may incur a transfer fee. Transfers requests may be submitted in writing to SEM by sending written correspondence to firstname.lastname@example.org. Your university, organization (fraternity/sorority), trip name, first and last name, new participant first and last name, and a request to transfer your reservation must be included. Transfers and Name Changes will not be permitted via phone call.
Cancellations. Individual participant Event Package cancellations must be submitted in writing to SEM by sending written correspondence to email@example.com. Your university, organization (fraternity/sorority), trip name, first and last name, and a request to cancel your reservation must be included. Cancellations will not be permitted via phone call. Optional cancellation plan DOES NOT cover COVID-19 unless the participant has tested positive and is under going medical care and/or quarantined.
Refund Policy. All deposits and payments are non-refundable. Deposits and payments from trip registrants are used to pay non-refundable hotel accommodations, transportation providers, venue fees, etc.
COVID-19. As of August 26, 2020, all spring 2021 formals will travel as scheduled. Should further state, federal or university travel restrictions be imposed due to COVID-19 prior to departure and the trip must be canceled by SEM/FormalWeekend.com, all freshman, sophomore and junior attendees/members will receive 100% credit to be used for future travel with FormalWeekend.com or CampusBreak.com within the 2021 spring or fall semester (travel must be completed prior to December 11, 2021), senior attendees/members will receive a refund to the original form of payment used to pay for their formal package or given the option for a future travel credit to be used with FormalWeekend.com or CampusBreak.com. Should venue capacity restrictions be imposed during the date and time of your formal event, SEM/FormalWeekend.com will make their best effort to make changes to the event details in order to ensure your event can move forward, falling within the enforced guidelines and restrictions. Event and venue changes will be handled on an individual basis, as various venues and vendors vary per organization and group. The optional cancellation plan DOES NOT cover COVID-19 unless the participant has tested positive and is undergoing medical care and/or quarantined.
Transportation. If transportation is included in your Event Package, you are responsible for arriving at the pre-determined pickup location at least 30 minutes prior to the departure time. Failure to abide by the foregoing may result in you and your guest departing without you. In such case, you shall be responsible for arranging and paying for separate transportation.
Baggage. Baggage and all other property will be handled at your own risk and only in an amount that can be conveniently carried by the motorcoach or be accommodated by the hotel. It shall be your responsibility to ensure the security of any and all personal property at all times.
Hotel Selection. If overnight hotel accommodations are included in your Event Package, the Hotel Selection for sleeping arrangements has been determined by the contracting group and will be listed on the confirmation page and trip details on the website. SEM reserves the right to substitute an alternate Hotel Selection in the event the selected hotel is unable to accept guests during the date of accommodations, this may be due to but not limited to flood, fire, strike, loss of electrical power, closed for business, repair, renovation, etc. SEM will make a reasonable attempt to re-accommodate the group within close proximity to the original Hotel Selection of equal or greater value.
Hotel Room Assignments. A rooming list will be requested by SEM to your group organizer or contact. If you have booked a quad occupancy hotel room Event Package it is your responsibility to select an appropriate roommate within your group. If the rooming list provided to SEM does not include a roommate, one will be assigned for you. If you have selected a double occupancy hotel room, a roommate selection is not required.
Hotel Damage. Hotel Damage includes but is not limited to smoking in room or public areas, soiled linens, vomit, cleaning, sheet rock, glass, noise complaints, disruption to other guests, etc. Any charges, costs and expenses related to your actions and your group participants actions at the accommodating hotel will be billed to your individual form of payment on file or invoiced to the contracted group.
Venue Selection. If an event or venue is included in your Event Package, the Venue Selection for for your event has been determined by the contracting group and will be listed on the confirmation page and trip details on the website. SEM reserves the right to substitute an alternate Venue Selection in the event the selected venue is unable to host the eve nut during the date of the Event Package, this may be due to but not limited to flood, fire, strike, loss of electrical power, closed for business, repair, renovation, etc. SEM will make a reasonable attempt to re-accommodate the group within close proximity to the original Venue Selection of equal or greater value and equal or similar Event Package venue inclusions.
Venue Damage. Venue Damage includes but is not limited to smoking in public or private areas, vomit, cleaning, sheet rock, glass, sound and lighting equipment, disruption to other guests, decibel law ex-cession, etc. Any charges, costs and expenses related to your actions and your group participants actions at the venue will be billed to your individual form of payment on file or invoiced to the contracted group.
Motor Coach Transportation. If your Event Package includes Motor Coach Transportation, you are responsible for adhering to rules, instructions, departure times and locations. In the event you fail to adhere and fail to utilize the provided transportation it will be your responsibility to make other transportation arrangements at your expense.
Motor Coach Damage. Damage includes but is not limited to smoking on motor coach, soiled upholstery, vomit, broken seats, cleaning, glass, disruption of driver, safety violations, etc. Any charges, costs and expenses related to your actions and your group participants actions in relation to the motor coach and transportation provider will be billed to your individual form of payment on file or invoiced to the contracted group.
Compliance with Rules. Without limiting any other provision hereof, you shall be responsible for complying with all applicable rules, laws, regulations and restrictions, whether imposed by your Organization, the hotel, the transportation provider, the venue or SEM. All such rules are available in advance upon request of such third party. If you are unable to obtain such rules after reasonable request, please contact SEM or your Organization, in writing, requesting a copy of the same.
Mobile Communication Terms. SEM may provide certain services and advertise to you via your mobile device. If you provide SEM your mobile number when you create an account on www.formalweekend.com website (the “Website”), add mobile number to your account on Website at any point and/or access the Website through Facebook®, you expressly consent to allow SEM to use an automated telephone dialing system to communicate with you via SMS message, autodial and/or pre-recorded telemarketing message, or similar means for informational and/or promotional purposes. Standard message and data rates may apply. Reply “STOP” to any SMS message to end all messages.In providing SEM your mobile number, you expressly consent to allow SEM to use an automated telephone dialing system to communicate with you via text message or similar means for informational, telemarketing and/or promotional purposes.