Terms & Conditions
LEGAL DISCLAIMER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND CANCELLATION/REFUND POLICY
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
By booking, purchasing, accepting a ticket, or participating in any tour operated by 11 Figs, llc DBA The Sable Flaneur (“Company,” “we,” “us,” “our”), you (“Participant,” “you,” “your”) agree to the following terms. If you are booking on behalf of a minor, you agree on behalf of the minor and yourself.
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1. Assumption of Risk
You understand that tours in New York City involve inherent and other risks, including but not limited to vehicular traffic, construction, uneven sidewalks, crowded areas, weather conditions, third-party acts, criminal activity, terrorism, food allergies, illness, accidents, and other hazards. You knowingly and voluntarily assume all risks, known and unknown, arising from or related to your participation in any tour, including risks caused by the negligence of the Company, to the maximum extent permitted by law.
2. Release and Waiver of Liability
To the maximum extent permitted by law, you release, waive, discharge, and hold harmless 11 Figs, llc DBA The Sable Flaneur and its owners, members, managers, employees, guides, agents, contractors, successors, and assigns from any and all claims, liabilities, damages, injuries, losses, costs, or expenses, including attorney’s fees, arising out of or related to your participation in any tour, including but not limited to personal injury, death, property damage, theft, delays, itinerary changes, or any other loss. This release is intended to be as broad and inclusive as permitted by New York law.
3. No Guarantees Regarding Weather, Additional Information, or Additional Goods/Services
The Company does not guarantee good weather, favorable conditions, or that any particular attraction, site, route, or activity will be available or accessible. Tours may operate in rain, snow, heat, or other weather conditions.
The Company does not guarantee the accuracy, completeness, or usefulness of any additional information, recommendations, suggestions, itineraries, maps, or commentary provided before, during, or after the tour.
The Company does not guarantee the availability, quality, safety, price, or performance of any additional goods or services offered or arranged by third parties, including restaurants, transportation, attractions, vendors, or equipment. Any such goods or services are provided solely by the third party, and the Company is not liable for any loss or injury arising from them.
4. Cancellation, Removal, and Refund Policy
All payments are non-refundable unless otherwise expressly stated in writing by an authorized representative of the Company.
The Company reserves the right, in its sole discretion, to deny refunds, in whole or in part, and to cancel any tour or any individual’s participation at the beginning or during the tour, for any reason, including but not limited to safety concerns, illness, intoxication, disruptive or unsafe conduct, failure to follow instructions, late arrival, no-show, weather, force majeure, insufficient participation, or conditions beyond the Company’s control.
If the Company cancels a tour or removes a Participant, the Company may, but is not required to, offer a rescheduled date, credit, or refund in its sole discretion. No refunds or credits will be issued for missed portions of a tour, early departure, late arrival, no-show, or for changes to the itinerary, route, duration, or content.
5. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its owners, employees, agents, contractors, successors, and assigns from any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees, arising out of or related to your acts or omissions, your breach of this Agreement, or your use of any third-party goods or services.
6. Medical and Personal Responsibility
You confirm that you are physically and mentally able to participate in the tour and are responsible for your own personal belongings, medications, and compliance with all applicable laws and instructions. You consent to emergency medical treatment if necessary and agree to pay all related costs.
7. Governing Law, Jurisdiction, and Severability
This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law rules. Any dispute arising out of or related to this Agreement or your tour shall be brought exclusively in the state or federal courts located in New York County, New York. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full force and effect.
8. Acknowledgment
You acknowledge that you have read this entire document, understand its terms, and voluntarily agree to be bound by it. You understand that the Company is relying on this release in allowing you to participate. This Agreement is binding on you and your heirs, executors, administrators, successors, and assigns.
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