BJJ OCEAN ESCAPE Terms & Conditions
bjj ocean escape 2022
attendee agreement
GENERAL CONTRACT FOR BJJ OCEAN ESCAPE CAMP
This Contract (this "Contract") is made effective as of October 17, 2022, by and between Izaak Michell LLC, of Austin, Texas 78744, (Izaak Michell LLC), and Camp Attendee, ________ of __________ (Camper).
1. ITEMS PURCHASED
Izaak Michell LLC agrees to sell, and Camper agrees to buy one (1) of the following products (the "Goods") in accordance with the terms and conditions of this Contract:
Description: Glamping Hut BJJ Ocean Escape Camp Package (Early Bird Pricing)
Quanity: 1
Unit Price: $1,999.00+FEE+TAX
Description: Double Room BJJ Ocean Escape Package (Early Bird Pricing)
Quanity: 1
Unit Price: $2,333.00+FEE+TAX
Description: Couples Room BJJ Ocean Escape Package (Early Bird Pricing)
Quanity: 1
Unit Price: $2,555.00+FEE+TAX
Description: Single Room BJJ Ocean Escape Package (Early Bird Pricing)
Quanity: 1
Unit Price: $2,888.00+FEE+TAX
All room packages include the following:
Lodging for 7 days and 6 nights Dec27-Jan2 2023 at Jungle's Edge resort in Nosara, Costa Rica.
Three (3) meals per day at the on-site restaurant.
One (1) surfing lesson.
Two (2) jiu-jitsu lessons per day followed by two (2) open mats per day
One (1) yoga classes per day
One (1) commemorative rash guard
Transportation to and from airport (dependent upon coordination with Izaak Michell LLC team)
2. TITLE/RISK OF LOSS
Camper is responsible for travel to and from Costa Rica. Transportation provided to and from Liberia Airport. Camper is responsible for communicating time of arrival and departure to Izaak Michell LLC team. Izaak Michell LLC team is not responsible for travel arrangements of any kind for any Camper. Izaak Michell LLC is not responsible for refunding any Camper who is unable to make it to camp due to travel issues (such as a missed flight, etc).
3. PAYMENT
Payment Due when Booking for the full amount of the package chosen from item 1 above via izaakmichellbjj.com. Payment is to be made PER PERSON.
Payment discount terms are as follows:
Prices discounted $200 through October 31, 2022, after which prices will increase by $200 per package.
In addition to any other right or remedy provided by law, if Camper fails to pay for the Goods when due, Izaak Michell LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Price does not include 5% Tax (to be included at check out). Total price is reflected above.
4. DELIVERY
Time is of the essence in the performance of this Contract. All information and ticket to be delivered via email within 48 hours of purchase.
Email will include ticket for the event with room details, airport information, details on the camp itself and a closed WhatsApp group to get to know other camp-goers.
5. PAYMENT OF TAXES
Camper agrees to pay all taxes of every description, federal, state, and municipal, that arise as a result of this sale, excluding income taxes.
6. WARRANTIES
Izaak Michell LLC warrants that the camp will provide all items outlined above in section one.
IZAAK MICHELL LLC SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF IZAAK MICHELL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. OWNERSHIP OF SOCIAL MEDIA CONTACTS
Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, Youtube, or other social media networks) used or created on behalf of Camp Attendee are the property of Camper.
8. DEFAULT
The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Goods in the time and manner provided for in this Contract.
9. REMEDIES ON DEFAULT
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 3 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
10. FORCE MAJEURE
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
11. CONFIDENTIALITY
Upon termination of this Contract, Izaak Michell LLC will return to Camper all records, notes, documentation and other items that were used, created, or controlled by Izaak Michell LLC during the term of this Contract.
Both parties acknowledge that during the course of this Contract, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Contract as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Contract. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
12. NOTICE
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
13. ENTIRE CONTRACT
This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
14. AMENDMENT
This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
15. SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
17. APPLICABLE LAW
This Contract shall be governed by the laws of the State of Texas.
18. SIGNATORIES
This Agreement shall be signed on behalf of Camper by _________________ and on behalf of Izaak Michell LLC by Izaak Michell, CEO and effective as of the date first above written.
19. Refund policy
BJJ Ocean Escape Camp packages are fully NON-REFUNDABLE.
Refunds are ONLY provided in the case of a medical emergency, death in the family, or an act of God (outlined above).
A doctor's note or proof of death certificate will be required for a partial refund (the price of room, minus taxes & fees). Refunds WILL NOT be given out for a positive COVID-19 test prior to travel.
NO OTHER refunds will be given.
Buyer:
Camp Attendee
Seller:
Izaak Michell LLC