Purchase Agreement
The organizers of “Into The Ocean: A Blue October Beach Getaway” include the following entities: 7 Pepper Gunns LLC and Quiet Mind Touring LLC (collectively referred to as “The Organizers” or “us”).
The following Purchase Policy between you and The Organizers applies to all event and travel purchases (“Travel Packages”) on The Organizers’, Blue October’s, and their affiliates’ websites, booking engine, and mobile applications (collectively, the “Site”). Please also review our Terms of Use, which govern your use of our Site. Your purchase and use of any Travel Package are governed by this Agreement. If you have any questions, please Contact Us. This Purchase Agreement (this “Agreement,” also referred to as our “Purchase Policy”) sets out the legally binding terms for your purchase and use of any Travel Package. By making a reservation or purchase, you accept this Agreement, and you confirm that you have the right, authority, and capacity to enter into it.
Key Terms
In this Agreement: “The Organizers,” “we,” “us,” and “our” mean 7 Pepper Gunns LLC and Quiet Mind Touring LLC; “you” and “your” mean the person making the purchase (the “Buyer”) and, where the context applies, each guest in the Buyer’s party; a “Getaway” means a Blue October Getaways destination event and travel experience; a “Travel Package” means the room, event access, and other elements you purchase for a Getaway; the “Site” means the Organizers’, Blue October’s, and their affiliates’ websites, booking engine, and mobile applications; a “Force Majeure Event” has the meaning given in Section 11; and “Services” means the services we make available through the Site.
1. Agreement To Be Bound
As part of the Travel Packages, we offer packages for travel, hotel rooms, and events. You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this Agreement and to make travel bookings via the Site in accordance with all terms and conditions therein. You agree that you are responsible for all arrangements and purchases made and to be financially responsible for all of the foregoing. You understand and agree that, by making a reservation or purchasing Travel Packages through us, you agree to be bound by our terms and conditions as well as any terms or conditions imposed by the actual provider of the travel, accommodations, or event, as those additional terms and conditions are disclosed or made available to you. Those additional terms and conditions may include, without limitation, more restrictive age requirements, and you acknowledge that some Travel Packages may not be available to all people seeking to book travel, hotel rooms, and events. You understand and agree that the hotels, resorts, airlines, and other companies that actually provide your accommodations, flights, and other travel services are independent third parties. We arrange and sell your Travel Package, but we are not their agent, partner, or joint venturer, and we are not responsible for their own acts, omissions, or separate terms and conditions. If you are making a purchase on behalf of someone else, this Purchase Policy shall also apply to that person, and it is your duty to inform such person of this Purchase Policy. You shall use the Site solely to make legitimate reservations and purchases for you or for another person for whom you are legally authorized to act.
Children between twelve (12) and seventeen (17) years of age may attend a Getaway only if accompanied by their parent or legal guardian (with valid proof of such) at all times. Guests under twelve (12) years of age are not permitted. Notwithstanding the foregoing, certain hotels or resorts may have higher minimum age requirements. Please pay attention to all details of each Travel Package description prior to purchasing, as no refunds or exchanges will be available for erroneously purchased Travel Packages. Hotel occupancy is limited to the number of guests listed in each Travel Package, as applicable (e.g., no more than two (2) guests may utilize a two-person Travel Package). If your Travel Package includes a guest who is a minor (ages 12–17), you represent that you are the minor’s parent or legal guardian, or are otherwise authorized to accept this Agreement on the minor’s behalf, to assume the risks of the Getaway on the minor’s behalf, and to be responsible for the minor at all times.
A VALID PASSPORT IS REQUIRED FOR TRAVEL OUTSIDE OF THE UNITED STATES OF AMERICA. IF A GETAWAY IS OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASE BE SURE THAT YOU AND EACH GUEST HAVE A VALID PASSPORT PRIOR TO MAKING A PURCHASE, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON. WE REQUIRE EACH TRAVELER’S PASSPORT TO BE VALID FOR AT LEAST SIX (6) MONTHS AFTER THE RETURN DATE.
2. Travel Packages
Your Travel Package includes the room type or category described at the time of purchase. We guarantee your room type, but we do not guarantee a specific room number, floor, building, or view unless we say so in writing — final room assignments are made by the resort. Room photos, layouts, and furnishings shown are representative and may vary. We won’t issue refunds for differences in the specific room assigned, or if the resort updates room details or assignments, as long as you receive the room type you purchased. In the rare event we are unable to provide your room type, we may substitute a comparable room, or a room of an equal or higher category, including in the event of an oversell.
What Your Travel Package Includes
What is included in your Travel Package depends on the specific Getaway and is described at the time of purchase. Some Getaways are all-inclusive (for example, meals and beverages at the host resort), while others include only certain meals or amenities. Unless we state otherwise in writing, the following are not included and are your responsibility: spa services, golf, excursions and off-resort activities, premium or top-shelf food and beverages, gratuities, personal and incidental charges, airfare and transportation, and local taxes and fees. Please review the description and inclusions for your Getaway before purchasing.
When purchasing Travel Packages on our Site, the number of rooms or Travel Packages a single Buyer may reserve for a Getaway may be limited, and any such limit is shown during the booking process. If you exceed or attempt to exceed the posted limit, we reserve the right to cancel, without notice, any or all affected orders and Travel Packages. Any Travel Package canceled by us for violating the posted limit may be refunded in the amount you actually paid, less any non-refundable fees. This applies to orders associated with the same name, email address, billing address, credit card number, or other information.
Except to the extent permitted by applicable law, no element of your purchase may be resold or offered for resale without our prior written consent, which may be withheld, conditioned, or delayed. Any resale or transfer in violation of this Agreement or applicable law will invalidate your purchase; the only permitted way to transfer a reservation is the process in Section 12 (Reservation Transfers). Unlawful resale or transfer (or the attempt to do so) of a Travel Package is grounds for cancellation without refund or compensation. Travel Packages may not be used for advertising, promotions, contests, or sweepstakes without our written authorization.
Your Travel Package includes admission to the Getaway and its scheduled events, subject to your compliance with this Agreement and with the rules and policies of the resort, the applicable venues, and us (the “Event Rules”). Event Rules may include, without limitation, health and safety requirements put in place by the resort or by local, state, or federal authorities. You agree to comply with all Event Rules. We will not issue any refunds if you are denied access to, or are removed from, the Getaway or any event for failure to follow the Event Rules or for the conduct described in our License, Ejection & Cancellation terms.
To check in to your Getaway, you and your guests must: (a) complete any required registration by the deadlines we provide; and (b) present valid identification (including a valid passport for international travel) upon arrival at the resort. If you fail to do either, we may, in our sole discretion and without refund of any portion of the price paid or other compensation, decline to check you or your guests in to the Getaway.
You and your guests must be present to check in and receive your room and any resort wristband or check-in materials; another person may not check in on your behalf, and you may not check in on behalf of your guests. You agree to provide any and all relevant travel-related information required by us in a timely manner, including, without limitation, airport information and other travel-related information, air travel delays for any flight(s), rescheduling of any flight(s), and/or any other travel-related delay. In the event that you fail to provide any such travel information to our satisfaction by the applicable deadline(s) provided by us or in a timely manner, as determined by us in our sole discretion, you may experience delays in your specific travel accommodations and transportation secured or otherwise arranged by us, including, without limitation, check-in times and shuttle transportation pick-up and drop-off. The names of all of your guests for each Travel Package must be submitted to us at least thirty (30) days prior to the Getaway. After such date, you may be charged a $100 fee to add or change a guest name to your Travel Package for check-in.
Occupancy & Additional Guests
Room pricing is based on double occupancy, and each Travel Package includes up to two (2) guests. If you attend solo, you are welcome to book a room for yourself, but there is no single-occupancy discount — the room is priced the same. Additional guests beyond the two included are available only in select room types, for the additional-guest fee shown at the time of purchase. Any additional-guest fee must be paid at the time the guest is added to your reservation. Total occupancy may not exceed the limit stated for your room type.
One Buyer Per Room; No Split Payments
Each room is booked by a single “Buyer,” who is responsible for the full price of the room and all payments associated with it. We do not split payments among guests or bill guests separately — how the cost is shared within your party is up to you. The Buyer is our primary point of contact and is responsible for their entire party, including each guest’s compliance with this Agreement.
Your Buyer Dashboard
Your reservation, payments, and guest details are managed through a secure Buyer dashboard accessed by a personal link. Only the Buyer should access the dashboard; if you share your link, you do so at your own risk. Changes to Buyer information require contacting us.
Guest Information & Deadlines
You are responsible for providing all required guest information — including full legal names, passport details, flight information, and transfer details — by the deadlines we provide, which are generally at least thirty (30) days before your arrival date. After the guest manifest locks, changes may not be possible, may require manual processing, and may be subject to a fee (for example, the guest-name change fee described above).
Extended Room Nights (Pre- and Post-Stay)
You may request additional nights before or after the Getaway, subject to availability and the pricing shown for your room type. Extended room nights must be requested by the deadline we provide, are charged in full at the time they are approved to the card on file, are not eligible for installment plans, and are non-refundable. Changing room types for extended nights may require you to physically check out and check back in.
Our pricing for extended room nights is based on the group rates and room availability we are able to arrange for that Getaway; it is not a discounted or best-available rate, and you may be able to find lower rates for extra nights directly with the resort or through other travel sites. If you book elsewhere, that booking will be a separate reservation that cannot be linked or connected to your Getaway reservation with us, there is no guarantee you will keep the same room, and you may be required to change rooms mid-stay. We are not responsible for any rooms, rates, or reservations booked outside our system. If you find a lower rate after booking extended room nights with us, you will not receive a price adjustment, discount, or refund of the difference — all extended room nights reserved with us are final. Booking your extra nights through us is the only way to keep the same room for your entire stay. Guests who are minors may be on the resort property only during the Getaway dates; minors are not permitted on the resort property for extended (pre- or post-stay) nights.
3. Hotel Accommodations
You understand and agree that the accommodations in the Travel Package have been provided to us by third parties. We make no representation or warranty as to any hotel to be provided or its rooms, bedding, or location or as to any restrictions placed on the use or occupancy of the hotel or the rooms by either the providing hotel or applicable law. If the host resort becomes unavailable for reasons beyond our control, Section 11 (Force Majeure & Event Rescheduling) governs. Hotel star ratings for hotels outside the United States are assigned by the country and may be different from other published ratings and may be of greater or lesser quality than the same rating in the United States. Because of changes in hotel ownership, the flag name of the hotel may be different at the time of the trip. You agree to abide by all hotel policies and laws, and you agree to contact the hotel if you have any questions concerning the policies and laws prior to travel. Certain hotels may have minimum age requirements. Some hotels may require you to present a valid driver’s license or passport upon check-in, and a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your Travel Package purchase.
Where a Getaway involves a resort buyout, the buyout applies to the host resort during the Getaway dates. Sister properties, shuttles, common areas, and services may be shared with other guests, and access to any particular area, amenity, or sister property is not guaranteed.
You (and other members of your party) may be required to sign additional documents in connection with hotel or other accommodations. You agree to execute and deliver all such documents reasonably necessary for your purchase to be fulfilled. If you do not sign a required document within the time we specify, we may, at our election, either (i) complete routine, ministerial booking or rooming-list documents on your behalf, as your limited agent solely to fulfill your existing reservation with the applicable resort or supplier, or (ii) without refund of any portion of the price paid or other compensation to you, cancel your purchase or refuse admission to, or eject any person from, any applicable facility or event. A credit card may be required upon hotel check-in to cover any incidental room charges or for security purposes and is your responsibility. You further agree to abide by the terms and conditions imposed by any third-party service provider with whom you or we, on your behalf, elect to deal, including payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding minimum age, maximum occupancy, child policies and use of services.
Local Taxes, Tourist & Environmental Fees
Some destinations and resorts charge local tourist taxes, environmental or sustainability fees, or similar government- or resort-imposed charges — often a small amount per person, per night (for example, the local tourist tax in Cabo San Lucas, Mexico, which is currently roughly US$5 or less per person, per night). Unless we state otherwise in writing, these charges are not included in your Travel Package price and must be paid by you directly to the resort as part of your resort bill, typically collected at check-in or check-out. The amount is set by the local authority or the resort and is subject to change. All package pricing is in U.S. dollars; on-site incidental charges, taxes, and gratuities may be charged or payable in local currency (such as Mexican pesos), and any currency-exchange or card foreign-transaction costs are your responsibility.
Accessibility at International Resorts
Getaways can take place at resorts and venues located outside the United States. The Americans with Disabilities Act (ADA) and other U.S. accessibility laws do not apply outside the United States, and each country sets its own accessibility laws and standards. Many international resorts do not offer accessible or “handicapped-accessible” rooms or features comparable to those found in the United States, and any accessibility features that do exist are provided and controlled by the third-party resort, not by us. We do not guarantee the availability or suitability of accessible rooms, entrances, paths, facilities, or services. If you or a guest has accessibility or mobility needs, please contact us before you purchase so we can share what the resort has told us is available; however, we cannot guarantee it, and it remains your responsibility to confirm that a Getaway will meet your needs before booking. Consistent with the rest of this Agreement, no refunds or exchanges will be available if a resort is unable to accommodate a particular accessibility need. If you or a guest has a disability, mobility device, medical condition, or needs an assistance animal, you must notify us in writing before the deadline we provide so we can share what the resort and airlines are able to accommodate; assistance animals are subject to the rules of the resort, airlines, and destination country, and needs not disclosed in advance may not be accommodated.
4. Transportation
We do not represent or warrant that travel to any particular destination is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to or from such destinations. Unless set forth in writing, airline and other transportation reservations are not included in your Travel Package. You will not be entitled to a refund if you are unable to participate in your Travel Package due to any failure to procure appropriate transportation.
If we offer airline tickets as part of your Travel Package, all airline reservations must be paid in full at the time of booking. All airline reservations are subject to the policies of the air carriers and governmental regulations. You are responsible for making yourself aware of all such regulations and requirements, and to obtain and carry a valid passport, visas, and all other documents required by applicable government regulations when traveling. We are not responsible for lost payments made toward your purchase if a visa or other necessary documentation is not issued to you. It is your sole responsibility to review and verify all information set forth on travel documents you receive from us. Contact us immediately if changes or corrections are required. You are responsible for having all proper immunizations and required documentation of such immunizations before travel.
Airport Transfers
We offer optional airport transfer service between the destination airport and the host resort, which you may purchase and manage in your guest dashboard. Airport transfers are an add-on and are not included in the base price of your Travel Package; the applicable price is shown at the time of purchase. Using our airport transfer service is optional — you are free to arrange your own transportation to and from the resort — and purchasing a Travel Package does not require you to purchase a transfer from us.
To schedule a transfer, you must provide complete and accurate flight details (airline, flight numbers, and arrival and departure times) by the deadline shown in your dashboard, and promptly update them if your flights change. Transfer times, routing, and vehicle type depend on the information you provide and on scheduling, availability, and local conditions, and transfers may be shared with other guests. We are not responsible for a missed or delayed transfer, or for any resulting costs, caused by flight delays or changes, inaccurate or late flight information, or other circumstances beyond our reasonable control, and any remedy is limited as provided in Section 14 (Limitation Of Liability). Airport transfers may be operated by third-party ground transportation providers, and your use of a transfer is also subject to their terms and conditions. Cancellations, changes, and refunds for airport transfers are handled through your guest dashboard and are subject to the terms shown at the time of purchase.
Compliance with Foreign Laws
When a Getaway takes place outside the United States, you are subject to the laws and regulations of the destination country, which can differ significantly from United States law. It is your responsibility to research and comply with all applicable local laws before and during your travel. Some items, medications, and substances — including certain over-the-counter and prescription medications and other drugs that may be legal in some or all parts of the United States — may be restricted or illegal in a foreign country, and violating local law can result in your detention, arrest, fines, or imprisonment. The Organizers carry no liability for, and are not responsible for, any guest's violation of foreign law or its consequences, and we are unable to provide legal assistance, representation, or services if a guest is detained, arrested, or charged. You assume all risk of, and responsibility for, your own compliance with the laws of any country you enter.
Customs & Prohibited Items
Many countries, including Mexico, strictly prohibit bringing in firearms and ammunition — even a single round, and even unintentionally — as well as illegal drugs and certain other items; these are serious crimes that can carry imprisonment. Items that may be legal in parts of the United States, including cannabis, CBD, and THC or vape products, and some drones and electronics, may be illegal or restricted abroad. If you carry prescription or controlled medications, bring them in their original labeled containers with a copy of your prescription, research whether the destination country requires a permit, and understand that we cannot obtain medication for you. You travel with any such items entirely at your own risk.
Entry Permits & Length of Stay
For international travel, you are responsible for obtaining, paying any fee for, and keeping any required entry permit or tourist card (for travel to Mexico, the Forma Migratoria Multiple, or FMM), and for confirming that the length of stay authorized when you enter covers your entire trip. Entry requirements and fees are set by the destination country and can change. Overstaying or losing your entry record may result in fines or detention, for which we are not responsible.
Travel Advisories
We encourage you to review the U.S. Department of State travel information and any travel advisory for the destination country before you purchase and before you travel, and to enroll in the Smart Traveler Enrollment Program (STEP). You acknowledge that international travel carries inherent risks and that you travel voluntarily and at your own risk.
Consular & Emergency Matters
In any emergency abroad — including arrest or detention, hospitalization, a crime, or lost or stolen travel documents — you should contact the nearest U.S. Embassy or Consulate. We are not a provider of consular, legal, bail, translation, or emergency-advocacy services, and we assume no responsibility to provide them.
5. Travel Insurance
We strongly encourage you to purchase travel insurance to protect your purchase with us, your airfare and other travel costs, and your trip as a whole. Unless specifically noted, travel insurance is not included in the cost of your purchase, is not required in order to book a Travel Package, and is available only at an additional cost. Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, your purchase is non-refundable (unless we otherwise agree in writing), and our and any third-party travel suppliers’ cancellation penalties will apply, which can result in the loss of money up to the full cost of your purchase and related costs.
Medical Care Abroad
Medical care outside the United States, including in Mexico, is primarily private, generally must be paid for in full at the time of service, and U.S. health insurance and Medicare are typically not accepted. You are responsible for all medical, hospital, and emergency medical evacuation costs you incur. For this reason, we strongly encourage travel insurance that includes emergency medical and emergency evacuation coverage — not only trip-cancellation coverage.
Travel Guard is considered one of the top travel insurance providers in the industry. Depending on the plan you choose, it can cover your purchase with us, your flights and other travel costs, trip cancellation and interruption, and emergency medical and emergency evacuation expenses. Certain benefits — such as “Cancel For Any Reason” (CFAR) coverage and a waiver of pre-existing medical condition exclusions — are typically available only if you buy your policy within a limited window after your first trip payment or deposit, so we encourage you to purchase early. You can review coverage options and start a quote here: travelguard.com/purchase/start-your-quote. Travel Guard is an independent third-party provider. We do not sell insurance, are not an insurance agent, and are not responsible for any policy, its coverage or terms, or any claim decision. Any insurance you purchase is a contract solely between you and the insurer, and you are responsible for reviewing its terms — including any deadlines, coverage limits, and any coverage for pre-existing conditions, emergency medical evacuation, or “Cancel For Any Reason” protection — before you buy.
6. Pricing, Order Confirmation & Processing
All prices are stated in U.S. dollars. We accept several methods of payment to accommodate your needs, including (among others) ACH, American Express, Visa, MasterCard, and Discover. Because we are a U.S.-based merchant and all charges are processed in U.S. dollars, if you pay with a card issued outside the United States, or in a currency other than U.S. dollars, your card issuer or bank may convert the charge to your local currency and may add a foreign-transaction or currency-conversion fee. Any such fees are determined by your card issuer or bank, not by us, and are your responsibility. We collect tax as required by state and local laws, and may display it separately or include it in the total price. Any taxes, duties, or government charges that apply to your purchase and are not already included in your total price are your responsibility, and are generally payable directly to the resort or the applicable authority (for example, local tourist taxes or resort incidental charges).
If you have made a purchase as part of a payment plan or schedule, you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in the payment schedule outlined during your purchase process and that no additional notice or consent is required to process this credit card based on the payment schedule. You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your payment schedule, we will give you notice to the email address on your account and a period of ten (10) days to update the payment information. If we do not receive payment within such period, your purchase will be deemed canceled and subject to the cancellation fee schedule in Section 10, and amounts you have paid are non-refundable up to the applicable cancellation fee. Once your initial down payment is received the price of your purchase will not change. Our payment plans consist of your initial down payment followed by up to four (4) scheduled installments. You will not be charged interest or any separate financing fee for using a payment plan; the total price is the same whether you pay in full or over the plan. The down payment is due at the time of booking, and the remaining installments are charged on the dates shown during checkout. You hereby further acknowledge that you have been provided with all necessary information relating to your purchase and your participation in the payment plan, and that we have your express authorization to process payment of the balance and the payment plan.
Although our prices may change based on demand and availability, your price is final once your order is confirmed. After such confirmation, if the price of any Travel Package included in your purchase increases prior to the Getaway you will not be charged for the difference, and if the price of any Travel Package included in your purchase decreases prior to the Getaway you will not be given any refunds or upgrades. If your order has not been confirmed in writing, your order may be subject to cancellation.
Your order is confirmed when we send you a confirmation, in the form of a confirmation page or email. If you do not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Booking Platforms & Billing Errors
Our booking engine(s) and third-party payment processors may occasionally experience technical, pricing, or billing errors (including, without limitation, mispriced rooms, duplicate/failed/partial charges, or system outages). By completing a purchase, you agree that the price and any applicable taxes/fees published by us for the relevant Travel Package govern your order. Any system, display, or processing error does not entitle you to a discount, refund, or waiver of amounts properly due. We reserve the right to correct any error and to re-invoice your order for the accurate amount at any time, and you authorize us to charge the payment method(s) on file for any underpayment. If we are unable to collect any amount properly due within ten (10) days after notice to the email address on your account, we may, in our sole discretion, cancel your reservation, and the cancellation fee schedule in Section 10 will apply. Please notify us of any suspected billing error promptly, and in any event within the dispute window provided by your card issuer or bank.
Deposits & Down Payments
A deposit (or initial down payment) in the amount shown at the time of purchase is required to book your reservation and hold your room. Your deposit is non-refundable and represents the minimum amount you forfeit if you cancel or if your reservation is canceled for non-payment, as described in Sections 9 and 10.
Promotional Codes, Credits, Grants & Discounts
As used in this subsection, a “promotional code” means any promo code, gift code, grant code, promotional credit, grant, or discount that we issue to you at no charge, and does not include any gift card purchased for value, which remains redeemable as required by applicable law. Any promotional code reduces the price of your Travel Package but is not cash, has no cash value, is non-transferable, and must be redeemed within the time and on the terms stated in the offer (which are incorporated into this Agreement). Promotional codes are not redeemable or exchangeable for cash, cannot be used to obtain a cash refund, and cannot be applied toward amounts you have already paid. If we ever issue a refund, it will not include, and will be reduced by, the value of any promotional code applied to your booking. A promotional code does not remove the requirement to pay the required cash deposit, and your reservation is not secured until that cash deposit is received. Once you book using a promotional code, your reservation is subject to the same all-sales-final, non-refundable terms as any other booking, and the promotional code has no cash value and is forfeited if your reservation is canceled.
Payment Plans & Missed Payments
If you choose a payment plan, your card on file will be automatically charged for each scheduled installment on the dates shown during checkout, without further notice. If a payment fails, our payment processor will automatically attempt to charge your card on file again, generally the initial charge plus up to three (3) additional attempts over approximately ten (10) days, and we will notify you at the email on your account. If the balance due is still not paid within that period, your reservation is subject to cancellation, and the cancellation fee schedule in Section 10 will apply based on the number of days before arrival at the time of cancellation — meaning the amounts you have paid are non-refundable up to the applicable cancellation fee. Missing a payment does not create a right to a refund.
Bookings Made Mid-Schedule
If you book after one or more scheduled installment dates have already passed, any installments that would already have come due must be paid immediately at the time of booking (or your plan will be adjusted so that you are current). This keeps every guest on the same schedule and ensures your balance is fully paid before the Getaway.
Card on File; Authorization to Charge
You authorize The Organizers to charge the payment card(s) or other payment method(s) on file for your reservation and any balance due under this Agreement, including the deposit, scheduled installments, approved add-ons and upgrades (such as additional guests, extended room nights, room upgrades, and airport transfers), and any other amounts you owe. For the deposit and the scheduled installment amounts shown to you at checkout, you authorize us to charge your payment method on the scheduled dates without further notice, and to re-attempt any declined or failed charge. For any other or variable amount (for example, damage charges, corrected billing errors, or past-due balances), we will provide advance notice of the amount and date to the email address on your account before charging your payment method, as required by applicable law and payment-network rules. You agree to keep at least one valid payment method on file until your reservation is paid in full, and to promptly update it if it changes.
Changing Your Week or Room Type
Requests to change your Getaway week or wave are subject to availability and our approval and are not guaranteed; there is no fee to change weeks. Room-type changes are available only as upgrades to a higher room category, subject to availability, and you are responsible for the additional cost of the higher category. We do not offer downgrades to a lower room category; if you move to a lower-category room for any reason, we will not refund the price difference. A change is not a right, does not create a refund, and remains subject to this Agreement.
7. Dynamic Pricing & Promotions
Like hotels, airlines, and other travel providers, we use dynamic pricing. The price of any Travel Package may rise or fall at any time based on demand, availability, timing, promotions, or any other factor, and The Organizers reserve the sole and absolute right to set, change, discount, or re-price any Travel Package at any time and in any manner we see fit, without notice. The price you pay is the price in effect at the time your order is confirmed.
When you book, you are guaranteed your room type and your place in the Getaway at the price you agreed to pay — you are not guaranteed the lowest price. Prices offered before or after your purchase may be higher or lower than the price you paid. Because our Getaways are limited and may sell out quickly, in some cases within hours, choosing to wait in the hope of a lower price carries the risk that your preferred room type, or the Getaway itself, may no longer be available, and a discount may never be offered.
Any discount, promotion, sale, or reduced rate we may offer applies only to new bookings made during the applicable promotional period and is not retroactive. If you have already booked, you will not receive, and are not entitled to, any refund, credit, price adjustment, upgrade, or reimbursement of the difference between the price you paid and any later or earlier price or promotional rate. This applies regardless of how recently you booked or how far in advance of the Getaway you purchased. You may not request or demand a discount, promotion, upgrade, or other incentive that was not offered to you at the time of your booking.
8. Scheduled Entertainment & Events
Your Getaway is planned to feature scheduled performances, entertainment, activities, and events (the “Scheduled Events”). Any Scheduled Events — including their lineups, times, locations, and featured performers — are offered on an as-available basis, are not guaranteed, and are subject to change. We work hard to deliver the overall experience we describe, but we may add, move, combine, shorten, reschedule, substitute, or cancel any Scheduled Event, and change the overall schedule, at any time and in our sole discretion.
Live events depend on many things outside our control. Rain, heat, wind, unsafe conditions, other weather, or any Force Majeure Event (as described in Section 11) may delay, shorten, relocate, or cancel any Scheduled Event. In addition, a performer — including a headlining artist — may miss any or all of a Scheduled Event for reasons beyond our control, such as travel or flight delays, illness, injury, a death in the family, the death of a performer, or other personal or emergency circumstances. If a performer is unable to appear, that performance may not take place, and we may be unable to reschedule or replace it.
Changes to, or the cancellation of, any Scheduled Event or performer are not grounds for a refund, credit, or other compensation. Your purchase is for a travel and resort experience, and you will still receive your accommodations and the other elements of your Travel Package. Scheduled Events, entertainment, and ancillary amenities are not guaranteed, and we are not responsible for any event, performance, or amenity that does not occur, or that is changed, delayed, or canceled, for reasons outside our reasonable control.
On-site activities and experiences — including beach and other concerts and performances, meet-and-greets, photos with the band, and other scheduled or informal activities — are never guaranteed. Any of them may be delayed, shortened, moved, combined, substituted, or canceled due to weather (including rain, wind, heat, or lightning), unsafe conditions, civil disruption, or any other Force Majeure Event or circumstance outside our control. If this happens, we will use reasonable efforts to reschedule or substitute activities during the same Getaway to provide the best experience we reasonably can within the circumstances, but we are not obligated to do so. No disruption, change, substitution, delay, or cancellation of any activity or experience will entitle you to any refund, credit, or compensation, in whole or in part.
A substantial portion of the price of your Travel Package is for your accommodations, which carry significant cost to us and are reserved and held for you for the entire Getaway. Your accommodations are fully earned and non-refundable once they are made available to you. If you stay at the resort during the Getaway, no portion of the price attributable to your room or accommodations will be refunded or recoverable, regardless of any disruption to, change in, or cancellation of any concert, performance, activity, entertainment, or other element of the Getaway.
9. Refunds, Credits & Exchanges
UNLESS OTHERWISE NOTED IN WRITING AT THE TIME OF PURCHASE, ALL SALES ARE FINAL AND, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ARE NON-TRANSFERABLE, NON-REFUNDABLE, NON-EXCHANGEABLE AND NOT REDEEMABLE FOR CASH. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, WE MAY CANCEL YOUR PURCHASE, AND ANY REFUND WILL BE DETERMINED UNDER THE CANCELLATION FEE SCHEDULE IN SECTION 10. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER UNEXPECTED CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE GETAWAY.
For certain purchases you may be eligible to submit a name change, which if applicable will be communicated to you at the time of sale. We shall not be obligated to provide you with your purchase (or any element thereof) until we have received the full and timely payment of the total fee owed as reflected in the sale. We are not responsible for lost, stolen, or damaged reservation materials or resort wristbands. Be sure to confirm all details of your purchase prior to completing the sale. Any changes you request after your purchase is complete, to the extent permitted in our sole discretion, may result in additional costs.
Reservations are personal to you and are non-transferable, except through the Organizers’ official transfer process described in Section 12 (Reservation Transfers). Any attempted transfer, resale, assignment, or change of guest outside that process is void and may, in our sole discretion, result in cancellation of your reservation without refund.
In the limited cases where a refund is due under this Agreement, it will be processed to the original payment method used at the time of purchase; we cannot refund to a different card, though we can process it to the same account if your card has been reissued. We may hold any refund while any balance is owed to us, and we may recharge your original payment method if a refund is ever issued in error or for more than you paid. Any travel insurance is refunded by the insurer, not by us, so please contact the insurance provider directly for insurance refunds.
You acknowledge that Travel Packages are non-refundable and non-cancellable except as expressly provided in this Agreement, and that you have authorized the charges to your payment method on file. If you have a concern about a charge, you agree to contact us first and use the dispute-resolution process in Section 20 so we can address it before initiating any payment dispute or “chargeback.” If you initiate a chargeback, you authorize us to provide your card issuer or bank with a copy of this Agreement and records of your purchase and authorization, and to recover any amounts that remain properly owed to us. We may, in our sole discretion, decline to honor pending or future purchases associated with any account, card, or person that initiates a chargeback contrary to this Agreement, and we may report fraudulent chargebacks to the applicable card network and authorities.
10. Cancellations
All purchases are final and non-refundable, and are non-transferable except through the Organizers’ official transfer process described in Section 12 (Reservation Transfers). We strongly encourage you to purchase travel insurance, which may be obtained through Travel Guard or another reputable provider (see Section 5).
While we are not obligated to cancel or refund any reservation, we may, at our sole discretion, agree to process a cancellation for a fee based on the full cost of your reservation. If a discretionary cancellation is approved, the following fee schedule may apply based on the number of days prior to the scheduled arrival date:
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240 or more days prior to arrival: $750 cancellation fee
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180 – 239 days prior to arrival: 25% of the total price of your reservation
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120 – 179 days prior to arrival: 50% of the total price of your reservation
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60 – 119 days prior to arrival: 75% of the total price of your reservation
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Less than 60 days prior to arrival: 100% cancellation fee (no refund)
This same fee schedule also applies when we cancel a reservation because of non-payment or a missed payment: the cancellation fee for the period in which the cancellation occurs applies, and amounts you have paid are non-refundable up to that fee. In every case your non-refundable deposit is forfeited; if the applicable cancellation fee is less than your deposit, your deposit amount applies as the minimum cancellation fee. If your Getaway sells out and, after all other available rooms have been sold, we are able to resell your specific canceled room, we will credit you the amount we actually recover from that resale, less any costs of resale and less a $1,000 cancellation and administrative fee that we retain to cover the staff time, customer service, and processing involved in your cancellation and the resale. This credit applies only if the Getaway sells out and your specific room is resold; if unsold rooms remain, or your room is not resold, no credit applies. In no event will any credit exceed the amounts you actually paid.
Why We Charge Cancellation Fees
Each reservation involves significant non-refundable expenses on our part, including contractual commitments with the resort, deposits paid to vendors, credit card processing fees, and administrative staff time. When you reserve a room, it is removed from our inventory and may prevent another guest from booking it. If you later cancel, it may not be possible for us to resell that room.
For these reasons, cancellation fees are necessary to offset the costs and lost opportunities associated with cancellations. Please ensure you are prepared to honor your reservation before booking, and consider purchasing travel insurance to protect against unforeseen circumstances.
The cancellation fees in this Section apply to voluntary and discretionary cancellations requested by you. Cancellations, postponements, or interruptions caused by a Force Majeure Event are governed exclusively by Section 11 (Force Majeure & Event Rescheduling).
11. Force Majeure & Event Rescheduling
“Force Majeure Event” means any event, condition, or circumstance beyond the reasonable control of The Organizers, whether foreseen or unforeseen, that makes it illegal, impossible, or commercially impracticable to hold the Getaway as originally planned, including, without limitation: acts of God; hurricanes, tropical storms, or other severe weather; earthquakes, tsunamis, volcanic activity, or other natural disasters; fires, floods, or explosions; epidemics, pandemics, outbreaks, quarantines, or public-health emergencies (including COVID-19 and any variant or successor thereof); war, invasion, hostilities, or military action, whether declared or undeclared; terrorism, sabotage, civil unrest, riots, or insurrection; strikes, labor disputes, or shortages of labor, materials, fuel, or transportation; any action, order, advisory, or restriction of any government or authority, including travel bans, border or airport closures, curfews, states of emergency, and government shutdowns; any official travel advisory or warning against travel to the event destination, including those issued by the U.S. Department of State, the World Health Organization, or a comparable authority; the closure, loss, unavailability, or material change of the host resort, venue, or accommodations for any reason beyond our reasonable control; failure or interruption of utilities, telecommunications, or internet service; and any other cause or condition beyond our reasonable control.
If a Getaway on which you are booked is canceled, postponed, or rendered impracticable, in whole or in part, as a result of a Force Majeure Event, The Organizers shall not be deemed in breach of this Purchase Policy and shall have no liability to you, and the following shall apply:
(a) Right to Reschedule. Following a Force Majeure Event, The Organizers may, in their sole discretion, elect to reschedule the Getaway to a new date falling within fifteen (15) months of the original scheduled arrival date, either at the same resort or at an alternative resort or location selected by The Organizers. The Organizers are under no obligation to reschedule or to relocate the Getaway, and in deciding whether to do so may consider any factors they deem relevant, including the commercial and financial viability of any alternative. The Organizers shall determine whether a reschedule will occur within sixty (60) days following the cancellation or interruption. Any alternative resort or location will be of comparable overall category, and if we relocate the Getaway to a materially different resort or region, you may either accept the rescheduled Getaway or decline it and receive a refund as described in paragraph (c).
(b) Reservation Carries Over. If the Getaway is rescheduled as described above, your reservation and all amounts paid will automatically transfer and apply to the rescheduled Getaway, and no refund will be due or owing. You will remain responsible for any remaining balance and payment schedule associated with your reservation, and you remain bound by this Purchase Policy with respect to the rescheduled Getaway. Rescheduling does not entitle you to a refund, credit, or reduction.
(c) Refund If No Reschedule. If The Organizers do not reschedule the Getaway — whether because rescheduling or relocation is not feasible, not commercially viable, or for any other reason within The Organizers’ sole discretion — your reservation will become eligible for a refund. Any such refund shall be limited to the amounts you actually paid to The Organizers, less any documented, itemized non-refundable or non-recoverable costs actually incurred or committed by The Organizers in connection with your reservation (for example, non-recoverable vendor commitments and payment-processing fees). This deduction will not include any amount that the resort or other suppliers refund to us. Any refund will be issued using the same payment method you used to pay us; and if you paid in installments, we may issue your refund in installments over a period no longer than the period over which you made your payments. At our sole discretion, we may instead offer you a credit toward a future Getaway in lieu of a refund.
(d) No Liability for Related Costs. Other than as expressly set forth above, The Organizers shall not be liable for, and you assume all risk of, any costs, losses, or expenses that you or any member of your party incur in connection with a Force Majeure Event or any resulting cancellation, postponement, rescheduling, or change of location, including, without limitation, airfare, other transportation, visas, travel documents, travel insurance, and any incidental or consequential expenses. We strongly encourage you to purchase travel insurance.
(e) Sole and Exclusive Remedy. The rights described in this Section are your sole and exclusive remedy, and The Organizers’ entire liability, in connection with any Force Majeure Event. To the fullest extent permitted by law, you waive any and all other claims against The Organizers arising out of or relating to a Force Majeure Event.
12. Reservation Transfers
Reservations are personal to you and are otherwise non-transferable. Notwithstanding the general prohibition on transfers stated elsewhere in this Purchase Policy, you may transfer your reservation to another guest only through the official transfer process described in this Section and subject to the applicable transfer fee. Any transfer, resale, or assignment attempted outside this process is void. The transfer fee is equal to 5% of the total amount you have paid toward your reservation, plus a $500 administrative fee.
To transfer your reservation, you and the new buyer will each sign a transfer agreement that we provide. Under that agreement, the new buyer assumes all remaining payment obligations. Once the new buyer has completed their payment, we will refund your payments, less the 5% transfer fee and $500 administrative fee.
You are responsible for finding your own buyer for your reservation. We do not guarantee that a transfer can be completed, and a transfer is effective only once the new buyer has completed payment and we have processed it, using the transfer agreement and fees described above.
Why We Charge for Reservation Transfers
Reservation transfers involve non-refundable administrative and processing costs on our end, including credit card fees, staff time, and legal expenses related to preparing and executing the transfer documentation. Transfers also require extensive communication and coordination between all parties to ensure a seamless handoff. The transfer fee helps offset these necessary and unavoidable costs.
13. Account, Order & Billing Information Verification
All information on accounts and orders must be valid and are subject to verification. Orders are subject to credit card approval and are processed only after the billing address associated with your credit card and other billing information have been verified. Orders that are placed, or attempted to be placed, using an account with any information that is found to be false, misleading, incorrect, or incomplete, or that cannot be verified as belonging to the account holder, such as name, address, email address, phone number, IP address, or other account or billing information, are subject to cancellation, at any time. Furthermore, if your order is canceled for any of the foregoing reasons, we may sell your Travel Package to another customer without further notice.
Personal Information
To use the Site and complete a purchase, you must provide certain personal information, such as your full name, contact information, and payment details. You represent and warrant that all information you provide is truthful and accurate, and that you will keep it up to date. The Organizers are committed to protecting the security of your personal information and use a variety of industry-standard security technologies and procedures to help protect it from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure, so while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
Use and Disclosure of Your Information
By submitting your personal information to the Organizers, you expressly consent to the collection, use, and disclosure of your personal information, including to any and all third-party service providers that The Organizers, in their sole and absolute discretion, deem necessary to effectively provide the Services for your benefit or to contact you.
14. Limitation Of Liability
Indemnity:
You agree to indemnify and hold The Organizers (and their respective officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any third-party claim or demand arising out of (i) your use of the Site, (ii) your violation of this Agreement or of any law, (iii) your violation of the rights of any third party, or (iv) the acts or omissions of you or any guest in your party. This indemnity does not apply to any claim arising from The Organizers’ own gross negligence or willful misconduct. The Organizers may, at their own expense, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate. You will not settle any matter without our prior written consent, and we will use reasonable efforts to notify you of any such claim.
Resort, Venue & Room Conditions:
We don’t own or operate the resorts, event spaces, or other venues used for a Getaway, and we make no representations or warranties about their condition or suitability — you accept them “as is.” Room and event-space assignments may change, and you may be moved to a comparable room or space at the resort’s or our discretion. Being moved to a comparable room or space won’t entitle you to a refund or other remedy.
Risks and Injuries:
A Getaway involves travel and resort, beach, pool, water, and event activities that carry inherent risks. Please stay aware of your surroundings before, during, and after each event and activity.
TO THE FULLEST EXTENT PERMITTED BY LAW, BY ATTENDING A GETAWAY YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH IT AND YOUR PARTICIPATION, AND YOU RELEASE AND WAIVE ANY CLAIM FOR PERSONAL INJURY, ILLNESS, OR DEATH — INCLUDING CLAIMS BASED ON THE ORGANIZERS’ OWN ORDINARY NEGLIGENCE — AGAINST THE ORGANIZERS, THE RESORT, THE VENUE, MANAGEMENT, FACILITIES, ARTISTS, OTHER PARTICIPANTS, AND OUR RESPECTIVE PARENTS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, OWNERS, AND EMPLOYEES. THIS WAIVER DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
To the extent a minor is in your care at a Getaway, you assume these risks on the minor’s behalf and agree to indemnify us for claims relating to that minor, to the fullest extent permitted by law.
Your Fitness to Travel & Participate:
You represent that you (and each guest in your party) are physically and mentally able to travel to an international destination and to take part in the activities of a Getaway, which may include beach, pool, water, and other recreational activities and excursions. You are responsible for assessing your own fitness and for any medical, dietary, accessibility, or other needs, and for obtaining any advice, medications, immunizations, and insurance appropriate for your travel. Airlines, resorts, and destination countries may restrict travel during late-term pregnancy or for certain medical conditions; you are responsible for confirming your fitness to travel, and no refund will be available if you are unable to travel or participate. We do not provide medical services and are not responsible for your health conditions or for any consequences of your participation.
Destination & Activity Risks
You assume all risks inherent to the destination and your activities, including foodborne or waterborne illness, sun and heat exposure, ocean currents and rip tides, swimming, pool and beach activities, and any optional excursions (such as boating, watersports, ziplining, or ATV tours), which are operated by independent third parties you engage at your own risk.
Your Personal Property
We are not responsible for any loss, theft, or damage to your or your guests’ money, documents, luggage, or other personal property during a Getaway, whether in your room, at the resort, at an event, or in transit. Please use the in-room safe and take reasonable precautions to secure your belongings.
Independent Third-Party Suppliers:
The resorts, hotels, airlines, ground transportation, excursion operators, and other providers involved in a Getaway are independent third parties, not our employees or agents, and we act only as an intermediary in arranging their services. We are not responsible for the acts, omissions, errors, delays, cancellations, or negligence of any third-party supplier, or for any injury, loss, or damage caused by them. Your use of a supplier’s services is subject to that supplier’s own terms and conditions.
Weather and Event Changes:
You bear all risks of inclement weather. Event dates and times are subject to change. Please see the rest of this Limitation of Liability section for additional limits on our liability.
Communicable Diseases:
An inherent risk of exposure to COVID-19 or other communicable diseases exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By attending a Getaway, you assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness, including, without limitation, exposure to COVID-19 or any other bacteria, virus, or pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after your attendance at the Getaway. You hereby waive any and all claims and potential claims against us and any companies affiliated with us relating to such risks, hazards, and dangers.
Waiver of Liability Upon Purchase:
By making a purchase, you acknowledge and agree that, to the fullest extent permitted by law, you release and waive all liability and claims against The Organizers, the resort, the hotel, the venue, management, facilities, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, vendors, and employees for any personal injury, illness, damage, loss, or harm that may occur before, during, or after a Getaway. You understand that our ability to provide a Getaway depends in part on third parties and on conditions outside our control — including room and resort availability, blackout dates, restrictions, fees, delays, weather, and information provided by third parties — as well as on the accuracy and timeliness of the information you provide to us. To the fullest extent permitted by law, you release and forever discharge The Organizers (including their respective officers, employees, agents, successors, and assigns) from every past, present, and future claim, demand, liability, action, and cause of action of any kind (including personal injury, death, and property damage) arising out of or relating to your purchase, your participation in a Getaway, or the acts or omissions of any third-party provider. This release does not apply to liability that cannot be waived under applicable law, including liability caused by our own gross negligence or willful misconduct.
Force Majeure
The Organizers shall not be liable for any failure or delay in performance of their obligations under this Purchase Policy arising out of or caused, directly or indirectly, by any Force Majeure Event or other circumstances beyond their reasonable control. Where a Getaway is canceled, postponed, or otherwise affected by a Force Majeure Event, the provisions of Section 11 (Force Majeure & Event Rescheduling) shall govern and set forth your sole and exclusive remedy.
Cap on Damages; Exclusion of Certain Damages; Time to Bring a Claim:
To the fullest extent permitted by law, the total liability of The Organizers to you for any and all claims arising out of or relating to this Agreement or any Travel Package will not exceed the total amount you actually paid to The Organizers for the Travel Package giving rise to the claim. To the fullest extent permitted by law, The Organizers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost enjoyment, or the cost of substitute arrangements, even if we have been advised of the possibility of such damages. Any claim arising out of or relating to this Agreement or any Travel Package must be brought within two (2) years after the event giving rise to the claim, or it is permanently barred, to the fullest extent permitted by law.
Additional Provisions:
This limitation of liability is in addition to any other limitations set forth in this Agreement and is intended to be as broad and inclusive as permitted by applicable law. Each waiver, release, and limitation in this Agreement applies to the fullest extent permitted by law and does not waive or limit any liability that cannot be waived or limited under applicable law, including liability for gross negligence or willful misconduct. If any part of this limitation of liability is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15. License, Ejection & Cancellation
You agree to comply with all applicable rules, policies, terms, and conditions of the resort, the venues, and us (the Event Rules described in Section 2). We reserve the right, without refund of any amount paid, to refuse entry to, or remove, any person whose conduct is disorderly, unsafe, unlawful, abusive, or in violation of the Event Rules or resort policies. Your admission to the Getaway and its events is a limited, revocable privilege that may be refused or withdrawn for failure to comply with the Event Rules.
Alcohol, Conduct & Property
A Getaway is a shared experience, and we expect every guest to behave responsibly and with respect for other guests, the artists, resort staff, and property. Where alcohol is available, you are responsible for drinking responsibly and for your own conduct and safety, and we are not responsible for anything resulting from your or any guest’s intoxication. You are responsible for any damage you or your guests cause to a resort, a venue, or their property, and you authorize us to charge your payment method on file for any such damage or related charges. We may remove or deny entry to any guest whose conduct is unsafe, unlawful, disorderly, or in violation of the Event Rules or resort policies, without refund. Illegal drugs and other unlawful activity are strictly prohibited; you are subject to the laws of the destination country, and any guest who violates the law may be removed from the Getaway without refund and reported to local authorities. The legal drinking age in Mexico is eighteen (18) and varies by country; the resort and the Organizers may refuse or limit alcohol service, and you consume alcohol at your own risk and should drink only sealed beverages from authorized sources. Smoking may be prohibited in guest rooms and certain areas, and the resort may charge cleaning or smoking fees for violations. Any charges the resort assesses you directly — including for smoking, damage to your room or resort property, the minibar, or other incidentals — are your sole responsibility and a matter between you and the resort, and we are not liable for them.
Grounds for Immediate Removal — No Refund
In addition to the conduct described above, the following will result in the immediate removal of you or your guest from the Getaway and any event, and denial of re-entry, without any refund, credit, or compensation, and may be reported to local authorities:
• Violence or threats of violence of any kind — including fighting, assault, domestic violence, intimidation, or harassment of any guest, performer, staff member, or resort personnel;
• Possession, use, sale, or distribution of any illegal drugs or controlled substances;
• Intoxication or excessive drinking to the point that, in our or the resort's reasonable judgment, a guest is a danger to themselves or to others, or is unreasonably disruptive to other guests; and
• Any other unlawful, unsafe, or seriously disruptive conduct, or any violation of the Event Rules or resort policies.
Removal under this Section ends your license to attend the Getaway and its events, and no portion of your payment will be refunded. You remain responsible for any damage, costs, or liabilities caused by the conduct, and for your own return travel and related expenses.
16. Recording, Transmission & Exhibition
Blue October Getaways is a shared group experience, and we and our partners may photograph, film, and record the Getaway for promotional, marketing, and archival purposes. By attending, you grant us and our partners, licensees, and assigns permission to capture and use your name, image, likeness, voice, and statements in photos, video, audio, and other media taken at or during the Getaway, in any medium now known or later developed, for any purpose, without further authorization from or compensation to you or anyone acting on your behalf. If you prefer not to be featured in our promotional materials, please let our on-site team know and we will use reasonable efforts to accommodate your request, though we cannot guarantee you will not appear in group or crowd footage.
Recording of Performances by Guests
The performances and entertainment at a Getaway are the property of the performing artists and The Organizers. You may take photos and short videos for your own personal, non-commercial use. You may not record, photograph, livestream, broadcast, or transmit any performance for any professional, commercial, or public-distribution purpose, and you may not sell, license, or commercially exploit any such recording, without our prior written consent. We and the resort may restrict recording equipment, and we may require you to stop recording or to delete recordings that violate this Section.
17. Safety & Security
For everyone’s safety, the resort or event staff may conduct reasonable security screening at the resort or at Getaway events, and you agree to comply with all resort and event security procedures. The resort, the applicable venue, or applicable law may restrict certain items, and you agree to follow all posted resort and venue policies. If you decline to comply with reasonable security procedures, you may be denied entry to an event without refund or other compensation.
18. Electronic Communications
The communications between you and The Organizers may use electronic means, whether you use the Site or send us emails, or whether The Organizers post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from The Organizers in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Organizers provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
19. Governing Law & Venue
This Agreement, and any dispute arising out of or relating to it or to any Travel Package, is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration terms below, you and The Organizers agree that any permitted court proceeding will take place exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.
20. Dispute Resolution, Arbitration & Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING ARBITRATION IN TRAVIS COUNTY, TEXAS, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
The Organizers are committed to resolving concerns directly and in good faith. Most matters can be resolved without formal proceedings, and you agree to follow the steps in this Section before commencing arbitration or litigation.
(a) Informal resolution first. Before commencing arbitration, you agree to send us a written description of your concern and to allow us at least thirty (30) days to resolve it.
(b) Binding arbitration. If we can’t resolve your concern, you and The Organizers agree that any dispute arising out of or relating to this Agreement or any Travel Package will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court before a judge or jury. The arbitration will take place in Travis County, Texas, or, at your option, by telephone or video. The arbitrator’s award may be entered as a judgment in any court having jurisdiction.
(c) Class-action waiver. YOU AND THE ORGANIZERS AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
(d) Jury-trial waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE ORGANIZERS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
(e) Small claims. Either of us may still bring an individual claim in small-claims court if it qualifies.
(f) If the class-action waiver isn’t enforced. If the class-action waiver in (c) is found unenforceable for a particular dispute, that dispute will be decided by a court rather than in arbitration, but the jury-trial waiver in (d) will still apply.
21. General
Entire agreement. This Agreement is the entire agreement between you and The Organizers regarding your Travel Package and supersedes any prior or contemporaneous discussions, agreements, or understandings on that subject.
Changes to this Agreement. We may modify this Agreement from time to time. The version in effect at the time of your booking governs your order.
Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
No waiver. Our failure to enforce any provision of this Agreement when it arises does not waive our right to enforce that or any other provision at a later time.
Assignment. We may assign or transfer our rights and obligations under this Agreement. You may not assign yours, except through the transfer process in Section 12.
Notices. We may provide notices to you by email to the address on your account or by posting on the Site, and such notices are effective when sent or posted. You are responsible for keeping your contact information current. Notices to us should be sent through the contact method provided on the Site.
Survival. Any provisions that by their nature should survive — including payment obligations, refund and cancellation terms, waivers, releases, limitations of liability, indemnities, and the governing-law and dispute-resolution terms — will survive the cancellation, completion, or termination of your reservation and this Agreement.
Interpretation. Headings are for convenience only. This Agreement will not be construed against either party as the drafter, and “including” means “including without limitation.”