IGE Music and Art Immersion
Terms and Conditions
The following Terms and Conditions (referred to herein as these “Terms and Conditions” or this “Agreement”) apply to all Services offered for sale by Innovative Giving Enhancement 501(c)(3) and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as “IGE, “we,” or “us”).
The term “Music and Arts Immersion” (or simply “Immersion”) as used in these Terms and Conditions is defined as any package of Services, offered or sold by us. The terms “Service” or “Services” encompass: hotel or other accommodations, meals, musical performances, group entries and any other related products offered by IGE as part of an Immersion Itinerary. “Itinerary” refers to the particularized schedule for an Immersion. “Supplier” or “Vendor” refers to any provider of the Services we offer. References herein to “Customer,” “you,” or “your” shall apply to each and any of the following: a party participating in an offered Immersion (“Participant”) and/or the party who purchases (or attempts to purchase) an Immersion for themselves and/or others.
All bookings of Immersions are also subject to the Terms and Conditions of each of the Suppliers of the Service(s) incorporated in an Immersion. By booking an IGE Immersion, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of IGE, IGE’s will control all issues relating to the liabilities and responsibilities of IGE.
Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney before you agree to be bound by them. Participant acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by clicking the box labeled “I Agree to IGE’s Terms and Conditions of Sale” during our online booking process.
a. Locale: The Services offered by IGE are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions and may legally do so.
The Services are also available for purchase by international Customers, as long as they recognize that this is U.S. business operated under U.S. laws. Any disputes that may arise will be decided pursuant to U.S. law according to our Mandatory Binding Arbitration provision and Choice of Law clause, below, et sec.
b. Age: No unaccompanied minors (those under 18 years of age) will be accepted. The Lead Passenger (the Traveler who submits a Trip reservation for others) must be over the age of 18 to purchase an Immersion and agree to these Terms and Conditions. If traveling with a minor, the minor’s parent or guardian accompanying them must accept full responsibility for the minor.
2. Prices, Currency Adjustments, and Conversion Rates.
Unless otherwise stated in the description of an Immersion, the following amounts will NOT be included as part of one of our Immersion’s advertised price:
- Airfare to or from the Immersion
- Transportation from the airport to your Accommodations
- Inspection, customs, immigration and naturalization fees
- Items of a personal nature such as incidentals, toiletries, etc.
- Travel insurance including medical, accidents, lost baggage and/or trip cancellation
- Tips and gratuities
- Costs of any food or drinks not advertised as included in your Immersion price
- Any other activities or items not explicitly advertised as included in the price of an Immersion in its description.
Our prices are contractual tariffs. No claim relating to the price of an Immersion will be considered once the reservation is effective. All prices are quoted in US dollars (US$). IGE prices Immersions in US$, yet operates principally abroad and pays for services in local currencies. In consequence, shifts in exchange rates can significantly impact IGE, which collects US$, yet pays most Immersion costs in Euros. When IGE establishes Immersion pricing, we determine participant cost based upon the final US$ to Euro conversion rate on the date prices are set.
Over the 8-9 months between pricing and the Immersion, US$ to Euro exchange rates may rise, fall or remain within a fairly tight percentage range. Over a year, fluctuations in exchange rate can be dramatic, though generally these shifts are within a range that does not threaten IGE operations, profitability, or our ability to make substantial donations to our non-profit partners.
In the interest of maintaining the lowest feasible Immersion pricing, IGE uses a Dynamic Currency Adjustment model (as do many nonprofits with international operations). To indemnify IGE from losses due to fluctuating currency conversion rates, we set a protected conversion range within which pricing remains the same as the price quoted at time of initial establishment. Should a weakening dollar lead to unfavorable currency conversion rates outside the protected conversion range, IGE will assess a surcharge equal to the differential to cover conversion losses.
Protected Currency Conversion Rates: Prices for the 2019 Lisbon Music and Art Immersion were set on February 1, 2019 at a US$ to Euro conversion rate of .87 ($1 = .87 Euro). Should exchange rates on October 1, 2019 remain within the protected range $1 = .84-.87 Euros, there will be no additional assessments. Should the conversion rate on October 1, 2019, the final date for IGE European vendor payments, fall below $1 = .84 the IGE dynamic protected conversion rate activates.
To make a reservation for an Immersion with IGE you may:
a. Contact IGE directly at: 541-683-3695
b. Visit IGE online at https://innogiven.org
c. Email IGE at email@example.com
4. Payment Methods.
Payments must be made directly to Innovative Giving Enhancement. Innovative Giving Enhancement accepts payment by:
a. Credit cards: Visa, MasterCard, American Express, Discover (a 3% convenience charge will be assessed for all credit card payments)
b. Personal or business checks
c. Appreciated Securities*
If payment could not be drawn from your payment card account, we will send you an email or call you regarding the matter. This could be because of insufficient funds in your payment card account, incorrect details provided by you on our site, any fraud alerts received from our fraud prevention system or if your bank declined the transaction. You can also contact your bank or card issuing company to authorize your transaction, or provide us a different payment card acceptable by us. We do not take responsibility for any damages caused by the non-acceptance of your payment for whatever reason. If we notice any fraudulent transaction from the provided credit or debit card, we will inform such activity to our Credit Card Verification Company, bank, or Supplier, and if required we will also inform the appropriate legal authorities. We process all credit and debit card transactions securely and transmit the data using SSL
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction.
**As an educational nonprofit, IGE is able to accept appreciated securities for Immersion Payments and donations. Immersion payments with appreciated securities receive the full amount of the post Immersion charitable donation deduction. Payments in appreciated securities lock in 100% of gains, may eliminate taxes on appreciation and receive a substantial post Immersion tax deduction based upon the full trip cost after FMV (Fair Market Value). Should you wish to take advantage of this unique opportunity, contact us and we’ll walk you through the easy process.
Tax implications of payments with appreciated securities as well as itemized charitable deductions are up to the participant and his or her tax adviser to determine how to report payment, how much to deduct, and when and how to deduct it.
5. Payment Schedule.
Our standard payment schedule is as follows (payment schedule may vary based on Supplier requirements):
1. 50% of trip cost at time of booking
2. 75% of trip cost by June 3, 2019
3. 100% of trip cost July 3, 2019
6. Cancellation, Substitution, and Alteration Policies.
a. Cancellations and Alterations attributable to Customer
1. On or before April 5th, 2019 – 100% payment return – $250 service fee /reservation..
2. On or before May 6th, 2019 – 75% of Trip Price Returned
3. On or before June 5th, 2019 – 50% of Trip Price Returned
4. On or before July 5th, 2019 – 25% of Trip Price Returned
5. On or after July 6th, 2019 – No refunds of 100% of Immersion payment
i. Please note that a no show customer is treated as a cancellation and forfeits all payments made as well.
ii. Participants are free to participate in any or all Immersion events, but reserve the right to enjoy themselves on their own terms. Regardless of guest attendance at, or participation in events, The Lisbon Inclusive Package is non-refundable.
b. Substitution of Participants
If any member of your party is unable to travel, it may be possible to transfer the booking to another suitable person, provided that written notice is given at least 30 days prior to departure. An administration fee of $100.00 will be levied in addition to any costs or fees imposed by our Suppliers.
c. Cancellations and/or Alterations attributable to IGE or Force Majeure
Particularly as a result of causes beyond our control (ie. weather and travel conditions, river water levels, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), we have on occasions had to make changes to and/or cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value without compensation. IGE reserves the right to adjust the Itinerary, change the quality of Accommodations, alter the schedule of performances, change the lineup of Musical Ambassadors. or otherwise change the Immersion without prior notice. We accept no liability for loss of enjoyment as a result of these changes. IGE will attempt to provide advanced notice of any changes to Itinerary or Services to the extent possible.
7. Modification of Our Terms and Conditions.
Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Immersions booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you booked an Immersion with IGE or reviewed our Terms and Conditions.
8. Participants with Special Needs or Disabilities.
Let us know if you are disabled and have any special needs (e.g., wheelchair, seeing eye dog, walker, etc.) so that we can contact the relevant Service providers for your Immersion ahead of time and verify that your special needs can be accommodated. While we will do everything in our power to make sure that they do, IGE can make no guarantee as to the ability of any Accommodations, Services, or facilities sold or advertised to meet the special needs of disabled clients.
Participant should be aware that each country has its own standards of accessibility for persons with disabilities. Before you travel, visit http://www.travel.state.gov/destination and enter a country or area to find information for mobility-impaired travelers in the Special Laws & Circumstances Section. For flying with disabilities, we recommend calling the Transportation Security Administration’s (TSA) toll free helpline for travelers with disabilities and medical conditions: 855-787-2227, or check TSA’s website, TSA Cares. They can answer questions about screening policies, procedures, and the security checkpoints.
Should you have to cancel your Immersion because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for Immersion and other travel costs. IGE encourages all guests to purchase travel insurance with sufficient medical evacuation to cover emergency repatriation. In addition to basic trip cancellation, consider adding cancel for work or cancel for any reason coverage. It is your sole responsibility to understand the limitations of the insurance you purchase and to research, evaluate and purchase appropriate coverage. Participant agrees that IGE is not responsible for any uninsured losses. Purchasing as soon as possible is recommended as purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions.
10. International Travel: Passports, Visas, Reciprocity Fees, and Travel Health Requirements.
It is Participant’s sole responsibility to verify they have all the necessary visas, transit visas, passport, and vaccinations prior to travel and paid any required reciprocity fees for their destination. You must obtain and have possession of a valid passport and all visas, permits and certificates, and vaccination certificates required to travel to the Immersion locale from your country of origin.
Most international destinations require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/content/passports/en/passports.html or directly from the destination country's website.
Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa. You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release IGE from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://www.nc.cdc.gov/travel/.
It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements. WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION.
“Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Participants including, but not limited to, hotels, motels, private villas or apartments and resorts. IGE provides the accommodations for its Immersions through third-party Suppliers and retains no ownership or management interest in those Accommodations. IGE does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
IGE makes no guarantees about the living standards of the Accommodations we provide, but we will try to work with an Accommodation provider within the same category (or higher) that you purchased, if available, should serious problems as to habitability arise. Any additional costs, i.e. upgrades etc., will be borne by the Participant. In case of Accommodation maintenance issues, IGE reserves the right to relocate guests to Accommodations of similar or superior quality.
All non smoking accommodations are in IGE partner hotel, the Hotel Convento do Salvador. Some guests, with prior approval from IGE may be housed in private villas or apartments leased by IGE for non-profit Music and Art Immersions. Unless otherwise specifically arranged pre trip departure, rooms are randomly assigned by IGE staff based upon grade purchased. IGE endeavors to honor all specific rooming requests within constraints of the Lisbon housing model. IGE guests agree to single, double, triple or quad room accommodation in the Hotel Convento do Salvador.
IGE does not collect security deposits for Accommodations, though Participants DO agree to be fiscally responsible for any damage to Accommodations caused by their own negligence. Participants will leave a credit card imprint at the Hotel Convento do Salvador for any personal, incidental expenses, but are not responsible for any and all issues related to age related wear or normal maintenance of the Accommodations.
12. Attendance of Immersion Programming by Unregistered Parties.
Participants understand that all Immersion programming, access to Accommodations, events and venues are entirely exclusive to pre-registered, credentialed IGE Immersion participants. At no time and under no circumstances, absent approval from IGE board members, may any pre-registered Immersion Participant invite non pre-registered guests into IGE contracted spaces.
13. Marketing Materials and Illustrative Photos.
IGE endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Immersion.
14. Proper Conduct Required During Immersion.
Participant understands that their participation in an Immersion may be terminated at any time during the Immersion if Participant is disciplined by any civil or criminal authorities, our Suppliers, or if IGE, in its sole discretion, determines that Participant's conduct or behavior is incompatible with the interests, safety or welfare of other Participants or our Service providers, their employees, or independent contractors. In the event of termination for conduct violations, Participant is responsible for arranging and paying for their own substitute travel and Accommodations, if necessary.
15. Legal Compliance Required During Immersion.
All Participants must obey the local laws and regulations of the places they visit on their Immersion, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. IGE is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Participant’s failure to obey any local laws in the destination country.
16. Medical and Physical Conditions.
Anyone suffering from illness, disability, or undergoing treatment for any physical or other medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the Immersion. Failure to make such disclosure will constitute a breach of these Terms and Conditions and result in such persons being excluded from the Immersion in which case all monies paid will be forfeit and no refund for unused portions will be provided.
Participant certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Immersion. Participants who have physical conditions wherein they must take medication daily should have back up medication in case the medication gets lost, or is rendered unusable. If Participant’s condition potentially requires EpiPens or other emergency tools, it is Participant’s responsibility to bring their own and a back up supply. Participant understands that in the event of injury to Participant, or exacerbation of Participant’s medical condition, IGE may not be held responsible.
IGE reserves the absolute right to decline a booking at their discretion. Participants agree to accept the authority and decisions of agents of IGE while on their Immersion. If in the opinion of such person the health or conduct of a Participant before or after departure appears likely to endanger the safe, comfortable or happy progress of an Immersion, the Participant may be excluded from all or part of the Immersion.
17. Medical Emergencies.
IGE is not responsible for the costs of any medical treatment you may require during an Immersion and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Immersion. The quality of medical personnel and facilities vary from region to region and cannot be controlled by IGE. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. As such, IGE may hire medical professionals to assist participants during an Immersion, but Participant recognizes that IGE is not obligated to do so and cannot be held responsible for the care that the medical professionals may or may not provide. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR IMMERSION. Participant releases IGE from any liability relating to any such medical care, whether secured by IGE, a Service provider on behalf of Participant, or otherwise, and Participant agrees to be responsible for any and all expenses incurred for said medical care.
18. Use of Information.
IGE may occasionally use statements and testimonials provided by Participants, and/or Participants’ photographs, in marketing materials, on the internet (including social media), and in print publications and advertisements to promote IGE. You fully consent to such use of your statements and/or photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to you, and grant IGE a non-revocable license for said use.
19. Participant Complaints.
If Participant has a complaint about any of their Immersion, he/she must bring it to the attention of a representative of IGE at the appropriate time so that they may use their best endeavors to rectify the situation. It is only if IGE is made aware of any problems that there will be the opportunity to put things right. Making your complaint known to IGE as a problem arises during your Immersion will allow us the opportunity to remedy the situation or facilitate compensation. Should the problem remain unsolved, a complaint must be made in writing to IGE within 30 days of the completion of the Immersion.
Any notices required or permitted hereunder shall be given:
a. If to IGE, via certified mail, return receipt requested, addressed to:
1831 NW Aspen Ave.
Portland, OR 97210
And via email to: firstname.lastname@example.org
b. If to Participant, at the email or physical address provided by Participant during the registration process.
c. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
21. Charitable Contribution.
IGE Immersion Participants may claim a substantial charitable contribution deduction for the excess of the purchase price paid over its fair market value (FMV). IGE will provide documentation to Participants indicating your tax-deductible donation to IGE.
22. Limitation of Liability.
IN NO EVENT SHALL IGE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF IGE HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL IGE’S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARTICIPANT TO IGE UNDER THIS AGREEMENT.
IGE OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY VENDORS. IGE RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, IGE DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
23. Disclaimer of Warranties.
UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY IGE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH IGE. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
24. Indemnification and Release.
Except as otherwise set forth herein, Participant hereby releases IGE from any and all liability, loss, expense, damages, or claims arising out of or resulting from Participant’s participation in an Immersion, whether caused by the negligent or reckless conduct of Participant, a Service Provider, a provider of Accommodations, another third party, or otherwise. I specifically waive the rights provided in California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Participant hereby also agrees to indemnify, defend and hold harmless IGE from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against IGE regarding, resulting, or arising from Participant’s participation in an Immersion or Participant’s performance of this Agreement.
25. Force Majeure.
IGE shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond IGE’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of IGE or deemed by IGE to constitute a danger to the safety and well-being of Participants. IGE reserves the right to cancel any Services described in an Immersion Itinerary due to Force Majeure.
26. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.
These Terms and Conditions and the relationship between you and IGE will be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
You and IGE shall attempt in good faith to resolve any dispute concerning, relating, or referring to an Immersion, Services offered by us, our website, any literature or materials concerning IGE, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Portland, Oregon, and presided over by one (1) arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.
You and IGE agree to submit to the personal jurisdiction of the federal and state courts located in Portland, Oregon with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. Customer and IGE agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Portland, Oregon and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND IGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
27. Attorney’s Fees, Costs, and Expenses of Suit.
If any act of law or equity, including an action for declaratory relief or any Arbitration Proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, an Immersion, IGE’s website or any literature or materials concerning IGE, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
28. Assignment. Participant may not assign his rights or obligations hereunder without the prior written consent of IGE.
29. Severability and Survivability.
If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Participant and IGE agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
30. Waiver, Etc.
No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. IGE does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
PARTICIPANT warrants they have read and agree to IGE Music and Art Immersion’s Terms and Conditions. By clicking acknowledgement below, Participant agrees to be responsible for any error in the accuracy of information they provide us, and warrants that the Participant, after consideration and with an opportunity to consult legal counsel, shall be bound by these Terms and Conditions, including the limitations of liabilities, indemnification and release, and the cancellation policies herein. This is a fully enforceable and legally binding agreement.