Terms and Conditions
As a guest of Britnie Turner, Buck Island and Elevate Island Management, I hereby recognize to these terms and conditions and agree to the following assumption of risk, release and liability (“Release”) by completing my purchase:
1. DEFINITIONS AND PARTIES
In these terms and conditions: The ‘Company’ shall mean Elevate Island Management, Limited, a company organized under the laws of The British Virgin Islands that manages The Aerial. The ‘Client’ shall mean the person who has paid to attend and each person listed within the booking as a traveling companion. In these conditions the masculine words shall include the feminine and neutral genders and vice-versa and the singular shall include the plural and vice-versa.
Payment constitutes agreement and understanding of the terms and conditions. Please note that all payments are non-refundable. Any extra costs are to be settled directly upon departure. Summit attendance will be confirmed upon receipt of the full, non-refundable ticket charge. Please note that if any scheduled payment is not received on time or in the correct amount, the Company reserves the right to cancel the reservation, regardless of any payment(s) already received. The rates are published in US Dollars. If paying in a different currency, an exchange rate will be agreed upon at the time of each payment.
Arrivals may begin at 4pm and departure is on or before 12pm (noon). Early arrivals and late departures are at the discretion of management and may incur an additional cost.
A booking at The Aerial may not be sold, awarded as a prize or transferred to anyone else without prior written authorization. See clause 8 of the terms and conditions for further information.
5. FILMING AND PHOTOGRAPHY
Filming and photography are permitted for private purposes, however, any professional filming and photography will require written approval in advance as well as potentially requiring official film and work permits from the BVI Government.
6. CANCELLATION BY THE CLIENT
As with any travel, the Company strongly recommends that travel insurance is purchased which will provide full cancellation or interruption cover. The Client must send any and all cancellations clearly and in writing to avoid any errors. The Company will then confirm the cancellation back to the Client in writing. If requested, the Company can also provide letters indicating that deposits have been forfeited in order to assist with any travel insurance claims. While all deposits and other payments are non-refundable; on a cancellation, the Company will endeavor to all reasonable extents to rebook the Client on a future summit trip. The Client acknowledges. there may also be cancellation fees levied by affiliates/third parties such as service providers and transfer operators. The Company will advise the Client of these additional cancellation fees in due course once the Company has this information and, if requested, the Client will refund the Company in respect of such fees forthwith.
7. CHANGES AND CANCELLATION BY THE COMPANY
The Company reserves the right to alter or cancel the whole or part of the summit The Company will advise the Client of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial.
a) If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable
arrangements at no cost to the Client, who shall accept such alternative arrangements.
b) If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Client, but the Client shall not be obliged to accept such alternative arrangements.
c) If no such alternative arrangements are offered in the circumstances referred to in paragraph b) or the Client does not accept any such offered alternative arrangements, then the Client may reject the booking within 14 days of notification to the Client of the relevant change(s) and the Company will cancel the booking.
d) If the Client rejects the booking in the circumstances referred to in paragraph c) all monies which have been paid by the Client to the Company at the date of cancellation will be repaid to the Client less the Company’s reasonable expenses in respect of the booking.
e) Under no circumstances will the Company be liable to the Client for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of a cancellation shall be limited to a refund of monies as provided above. The Company will not be liable for any cancellation, which results from the Client’s default. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to cancel the service or the services it is contractually obligated to provide to the Client and require the Client to leave The Aerial immediately if the Company reasonably considers the Client’s behavior has caused (or is likely to cause) loss, damage or harm to The Aerial or any part of its reputation or is (or is likely to be) objectionable to other guests. In these circumstances the Company shall not be obligated to make any refund of monies to the Client. Further, the Client shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any loss, damage or harm.
Filming and photography are permitted for private purposes, however, any professional filming and photography will require the written approval of management in advance as well as potentially require official film and work permits from the BVI Government.
9. FORCE MAJEURE
The Company acts on the advice given by the government of the British Virgin Islands. If flights are grounded because of war, terrorism, severe weather, or any other act of God, or the Client is advised by the government that it is unsafe to travel, then the Company will use reasonable endeavors to assist the Client in postponing the stay to a future date.. If the Client is forced to leave The Aerial early due to severe weather conditions, then the Company will use reasonable endeavors to offer the best alternative dates equivalent to the number of days lost, at a future time. Please contact the Company’s reservations team with concerns about traveling due to war, terrorism or severe weather.
10. ENTIRE AGREEMENT; VARIATION AND WAIVER; SEVERANCE
These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Client of any changes as soon as reasonably possible using the postal or email contact details provided by the Client for the Client’s booking. The amended terms and conditions will apply to any Client booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Client in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.
11. GOVERNING LAW
This contract shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands, save that the Company shall be entitled to enforce the contract against the Client in the courts of the United States or in the courts of any other country in which the Client is resident, domiciled or has a place of business.
12. ACTIVITIES AND RISK
By purchasing, the Client Understands The Risk Involved In Participating in Activities, including but not limited to: Swimming (ocean and infinity pool without a lifeguard), driving island Moke buggies, hiking/trekking, using the island gym and fitness equipment, use of all equipment including water sports equipment, attending third-party excursions, the consumption of alcohol, and boating activities, and any other activities not listed here that are part of residing on Premises including the use of stairs, dimly light areas, use of residence toiletries, etc. The Client willingly agrees to comply with the stated and customary terms and conditions for participation. If, however, the Client observes or becomes aware of any hazardous condition during attendance, the Client will avoid such hazardous conditions, terminate their participation and immediately notify an appropriate staff member of such condition. The Client understands that the consumption of alcohol, improper use of equipment, using equipment while under the effects of alcohol, and not exercising caution at all times could increase these risks.
The Client assumes the risk of injury by participating in the event. The Client understands and accepts that participating in the above activities puts them at risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and/or DEATH (“Injuries”). The Client expressly and voluntarily assumes full responsibility for these risks, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, food poisoning or other food/water-related illness including from Aerial BVI dining/beverage service, inadequate training, failure to supervise and failure to warn of potential risks. The Client understands that these risks may be caused by Aerial, other participants, staff, themselves or other third persons. BY RESIDING AT THE AERIAL, THE CLIENT KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (defined below) or others, and whether or not covered by personal health or other type of insurance; and the Client assumes full responsibility for any Injury they may sustain as a result of their participation in the Event.
14. Liability Waiver, Release And Promise Not To Sue.
The Client, on behalf of themselves and each of their successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that they may incur or have against Aerial, its affiliates, and all officers, employees, agents, personal representatives, parents, subsidiaries, affiliates, successors and assigns of the foregoing and each of their respective owners, officers, shareholders, directors, employees and agents (collectively, all of the forgoing being the “Released Parties”), arising from or related to their participation including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, staff, or other third parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) the conditions on or about the Event premises; (v) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vi) transportation; (vii) weather conditions; and/or (viii) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).
15. COVID-19 Waiver.
The Coronavirus can cause COVID-19, which is declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is thought to spread person to person, mainly through contact or respiratory droplets produced when an infected person coughs, sneezes or talks. There presently is no known practical way to completely eliminate the possibility of transmission of Coronavirus within social gatherings. Aerial BVI has instituted certain measures recommended by federal, state and local authorities to mitigate the spread of COVID-19. However, Aerial cannot guarantee that the Client, or any member of the Client’s family or anyone who comes in contact with them, will not become infected with COVID-19. Further, the Client’s participation and travel increases the risk of the Client contracting COVID-19. By signing this agreement: (1) the Client acknowledges the contagious nature of COVID-19; that the Client has read and understood the above warnings regarding COVID-19; and that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions or negligence of themselves and others, including, but not limited to, Aerial and (2) the Client voluntarily assumes all risks that they may be exposed to the Coronavirus by participating in the Event and its related activities; that such exposure may result in their contracting COVID-19 which consequently can cause illness, personal injury, permanent disability and/or death; and that the Client knowingly accepts sole responsibility for any injury to themselves (including, but not limited to, COVID-19, disability and death) and all damages, losses, expenses, claims and liabilities, of any kind related to COVID-19 which the Client may suffer or incur resulting from their participation in the Event and its related activities. The Client also acknowledges that if they contract COVID-19 or am identified in a contact tracing investigation in their travels to the The Aerial BVI or while at The Aerial BVI, they will have to be quarantined for at minimum 10 days or other amount of time set out by the BVI Ministry of Health, and will incur personal costs for this extended stay. The Client also understands that the Client is expected to travel with travel insurance that covers COVID-19 trip interruption, the cost of additional accommodation, and/or medical care during their travels as well as to bring any essential medications. They otherwise acknowledge that they are responsible for these additional costs if they do not purchase insurance coverage.
On behalf of themselves and on behalf of their heirs, executors, administrators, successors, assigns, personal representatives and next of kin (collectively, the “Releasors”), THE CLIENT AGREES TO HEREBY RELEASE, DEFEND (at Aerial’s request), INDEMNIFY, AND HOLD HARMLESS the Released Parties from all liability and damages arising out of any and all the risks and hazards attendant upon their entry on, their presence at the Premises; and from any and all actions, causes of action, suits, costs, claims, rights, damages, losses, Injuries (to themselves or to any third parties directly or indirectly relating to their Participation or presence on the Premises), expenses, judgments or demands of any kind or nature whatsoever and WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, which the Client or the Releasors can or might have as a result of or arising out of their Participation or presence at the Event or about the Premises, including, but not limited to, claims for any personal/bodily injury, disability, death or property damage, which the Client, the Releasors or any person under this grant may suffer or sustain, arising out of or in connection with their presence at, Participation in aforementioned activities or about the Premises.
17. Consent To Medical Care.
The Client authorizes each of the Released Parties to call for medical care for them or to transport them to a medical facility at their expense if medical attention is needed. The Client also authorizes any physician or other medical provider or facility to provide any emergency medical/surgical care. The Client acknowledges and agrees that none of the Released Parties, as that term is defined in paragraph 3 (above), is under any legal obligation to render assistance to them.
18. Consent to Good Conduct.
The Client consents to Aerial’s general standards of appropriate conduct and behavior, including following all applicable laws/regulations, treating all staff and other guests with respect, adhering to Aerial’s no-tolerance sexual harassment policy, and recognize that any gross misbehavior, conduct or neglect can result in their dismissal from the Premises at any time. This dismissal is solely at the discretion of the Aerial BVI management team and will not result in any refund or compensation.
By purchasing, the Client recognizes they are waiving substantial legal rights they may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law.