Terms and Conditions
CULINARY TOUR IMPORTANT NOTICE!
ALL PAYMENTS ARE SUBJECT TO THE CANCELLATION POLICY
THE FOLLOWING DOCUMENTS (COLLECTIVELY, THE “CONTRACT”) CONTAIN:
- (A) THE CONTRACT BETWEEN YOU, AND EVERYONE IN YOUR RESERVATION GROUP, AND COLLETTE LOCATED AT https://www.goCollette.com/en/about-Collette/terms-and-conditions
- (B) THESE SUPPLEMENTAL TERMS, CONDITIONS AND LIMITATIONS AS BETWEEN YOU, AND EVERYONE IN YOUR RESERVATION GROUP, AND WW INTERNATIONAL, INC. (THE “SUPPLEMENTAL CONTRACT”) WITH RESPECT TO THE TOUR AS SET FORTH BELOW:
THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON AND/OR TO YOUR RIGHTS, AND THE RIGHTS OF EVERYONE IN YOUR RESERVATION GROUP, AND BOTH THE COLLETTE TERMS AND CONDITIONS AND THE SUPPLEMENTAL CONTRACT TOGETHER CONSTITUTE LEGALLY BINDING CONTRACTS BETWEEN YOU AND COLLETTE AND BETWEEN YOU, AND EVERYONE IN YOUR RESERVATION GROUP, AND WW (AS DEFINED BELOW) RESPECTIVELY. PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT AND RETAIN THEM FOR YOUR FUTURE REFERENCE.
Please note that the terms and conditions of the Supplemental Contract are subject to change at any time.
All references to "WW" shall be understood to include WW International, Inc., its subsidiaries and affiliated entities. All references to “Collette” shall be understood to mean Collette Travel Services, and its employees, shareholders, officers, directors, successors, agents, subsidiaries, assigns and affiliated entities. In no instance shall Collette be (or will you reasonably be able to think that Collette appears to be) a principal or agent of WW; likewise, in no instance shall WW be (or will you reasonably be able to think that WW appears to be) Collette’s principal or agent. All references to “You” shall be understood to include both you, the booking passenger, and anyone who you are booking on behalf of.
In consideration of the services provided by WW in planning and/or delivering the WW events and activities within the Culinary Tour, you, and everyone in your reservation group, agree to waive, release and hold harmless WW from and against any and all claims you or the other guests in your reservation group may have arising out of the Culinary Tour Operations. All references to the "Culinary Tour" (or any variation of the event name) shall be understood to refer to the tour experience featuring WW experiences, food, or programming, which shall be organized by Collette and take place in venues, destinations, and transportation contracted or organized by Collette. All terms and conditions herein will apply to each person who embarks on the Culinary Tour or attends any Culinary Tour or WW related event, whether or not listed on Collette Terms and Conditions. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.
Your reservation, and the reservations for everyone in your reservation group, for the Culinary Tour, acceptance and/or use of the Collette Terms and Conditions, participation in the Culinary Tour, and attendance at any WW event constitutes the acceptance of and agreement to this Contract including the Collette Terms and Conditions and the Supplemental Contract.
By purchasing the Culinary Tour or accepting the Collette Terms and Conditions you, and everyone in your reservation group, represent to and for the benefit of WW and Collette that you are authorized by all guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such guest to be bound by all the Terms and Conditions of this Contract, which are set forth or incorporated herein by reference; you further hereby agree to indemnify and hold WW harmless from any and all third party claims that arise or may arise out of the acceptance of this Contract including the Collette Terms and Conditions and Supplemental Contract. This Contract is not transferrable and you may not sell or assign it. It is valid only for the event on which you embark. The terms, conditions and limitations herein shall apply to any and all disputes between you and WW regardless whether arising in any place, location or any mode of transportation whatsoever associated during or associated with the event. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of WW. Neither WW, nor any of their respective employees have any authority to change, modify, alter or suspend any of the provisions of the Contract between you, or anyone in your reservation group, and Collette which shall govern the relationship between you, or anyone in your reservation group, and Collette exclusively.
It is highly recommended that all guests purchase Travel Insurance.
WW SUPPLEMENTAL TERMS AND CONDITIONS
The following Supplemental Terms and Conditions are incorporated herein and made a part of the Supplemental Contract between you, and anyone in your reservation group, and WW. Each reservation or acceptance or utilization of the Collette Terms and Conditions or participation on the Culinary Tour or attendance at any WW related event constitutes agreement with and acceptance of the following Supplemental Terms and Conditions, in addition to the terms and conditions of the Collette Terms and Conditions:
1. Nature of the Culinary Tour
The Culinary Tour is a promotional tour featuring a WW theme with branding, signage and other WW themed events. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular event on any particular date to be performed by any particular person and you, and everyone in your reservation group, agrees that you, and everyone in your reservation group, is simply booking a reservation during a specific period of time for the Culinary Tour. WW is just promoting the sale of the Culinary Tour which is sold and run by Collette and subject to the terms and conditions set forth in this Agreement. Included in such purchase price, but ancillary thereto, are WW-themed events and activities. While efforts are made to avoid conflicting events, WW cannot guarantee that you will be able to attend every event as part of the Culinary Tour. Please note: WW does not guarantee that the Culinary Tour will visit every advertised destination or follow any particular route or time schedule, as Collette shall have an absolute right to change or substitute the advertised schedule, itinerary or route, or substitute other activities, without notice.
2. Pricing and Payments
WW reserves the right to increase published prices without notice. The consideration for the Culinary Tour shall be deemed to be earned when paid and is subject to the cancellation policy.
PLEASE READ CAREFULLY: Collette has reserved, in the Collette Terms and Conditions, the right to cancel the Culinary Tour or change the destinations for any reason, (including but not limited to insufficient bookings (as solely determined by Collette), weather conditions, transportation mechanical problems, government intervention, and force majeure circumstances), prior to or at the city where the tour embarks. No refund will be issued if Collette changes the itinerary in accordance with the Collette Terms and Conditions for any reason.
WW shall have no liability for damages or compensation of any kind for either changes to the itinerary or cancellation of the Culinary Tour, and SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING THEREFROM.
3. Breach or Cancellation by Lecturers, Keynote Speakers, or Featured Guests
WW shall not be liable or responsible for failure of any WW Coach, lecturer, keynote speaker, or featured guest to appear or to perform under its agreement including not liable for any consequential damages resulting therefrom. In the event of any failure of contracted lecturers, keynote speakers, or featured guest to appear during the Culinary Tour, WW, in their sole discretion, may engage replacement WW Coach, lecturers, keynote speakers, or featured guests, or may change, postpone or terminate all or any part of the Culinary Tour programming or change the program schedule. In such case, WW shall have no liability to you, or anyone in your reservation group, for any loss, damage, cost or expense whatsoever by reason of such change.
4. Fitness Waiver
If you, or anyone in your reservation group, desires to engage in fitness and movement classes (“Class” or “Classes”) during the Culinary Tour in consideration of being given the opportunity to participate in the Classes, you, and everyone in your reservation group, hereby agrees to the following terms:
- You, and everyone in your reservation group, acknowledge that the Classes may require physical exertion and be strenuous. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. You, and everyone in your reservation group, hereby assume full responsibility for any and all risks of injury, illness, harm or death caused by or sustained as a result of participation in the Classes and you, and everyone in your reservation group, assume full responsibility for any losses, costs, and damages you, and everyone in your reservation group, may incur as a result of such participation.
- You, and everyone in your reservation group, understand that it is your responsibility to consult with a qualified healthcare professional (as determined by you, and everyone in your reservation group) prior to and regarding any participation in the Classes. You, and everyone in your reservation group, represent and warrant that you, and everyone in your reservation group, are adequately fit and in good health such that it is safe for you, or anyone in your party to participate in the Classes.
- WW disclaims any warranties or representations as to the conditions of the premises in which the Classes are held.
- You, and everyone in your reservation group, hereby agree to waive, release, forever discharge and hold harmless WW from any and all liability, actions, causes of action, demands, damages (any illness, death, bodily injury, personal injury or property damage) and claims of every kind or nature, either in law or in equity, which arise or may hereafter arise from your, and everyone in your reservation group’s, attendance at and/or participation in the Classes, including any claims of negligence by WW.
5. Public Performance and WAIVER of Privacy and Intellectual Property Rights
WW has the right to capture and include photographic, video and other visual portrayals of you, and everyone in your reservation group, in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to you, and anyone in your reservation group, and all rights, title and interest therein (including all worldwide copyrights therein) shall be WW sole property, free from any claims by you, and everyone in your reservation group, or any person deriving any rights or interest from you, and everyone in your reservation group. Additionally, the events taking place on this tour may be videotaped/recorded for audio and audiovisual programming. By participating you, and everyone in your reservation group, hereby irrevocably grant to WW or any of its contractors the right to photograph and record your image and activities, and record your voice. The resulting photographs, videos and recordings ("Content") and all rights therein (including copyrights) shall be owned by WW and may be used by WW in any programming and/or otherwise throughout the world, in any and all media, in perpetuity without restriction and with no obligations or payments to you. You, and anyone in your reservation group, waive any right to inspect or approve the Content. You, and anyone in your reservation group, hereby fully release and waive any right to bring any action in law or equity against WW and its parent and related companies, subsidiaries, affiliates and their past, present, and future officers, agents, representatives, employees, successors and assigns for such use.
You, and anyone in your reservation group, acknowledge that you are at least 18 years of age. If you, or anyone in your reservation group, are the parent or legal guardian of a minor(s) under eighteen years of age on the Culinary Tour, by bringing the minor(s) you, or anyone in your reservation group, agree and acknowledge that you, or anyone in your reservation group, are granting all of the same rights set forth herein with respect to the minor(s).
6. Age Restrictions
You, and everyone in your reservation group, must be 18 years of age or older on the date of departure, or at least 5 years old on the date of departure and accompanied by an adult 18 years of age or over booked in the same or adjoining room.
7. Forum and Notice
It is agreed by and between each you, or anyone in your reservation group, and WW that all disputes and matters whatsoever arising under, in connection with or incident to this agreement or to the Culinary Tour, involving WW, shall be litigated if at all, before the United States District Court for the Southern District of New York, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in New York, NY, U.S.A. to the exclusion of the courts of any other county, state or country. In any and all disputes, you, or anoyone in your reservation group, shall provide immediate notice to WW of any and all details of the dispute and in no instance shall you, or anyone in your reservation group, provide notice to WW later than 6 months after the incident giving rise to the Dispute or else you, or anyone else in your reservation group, shall WAIVE all rights under the Supplemental Contract.
All notices, demands, requests and other communications (collectively, “Communications”) required or permitted to be given to any party pursuant to this Agreement (I) must be in writing and (ii) may be served either by (A) depositing the same in the United States mail, full postage prepaid, certified or registered with return receipt requested, (B) delivering the same by a nationally recognized overnight air courier service, full delivery cost paid, or (C) delivering the same in person. Any Communication shall be deemed received when delivered in person, three business days after sending by United States mail or one business day after sending by overnight courier. For the purpose hereof, the addresses of the parties hereto are as follows:
WW International, Inc.
675 Avenue of the Americas, 6th Fl
New York, NY 10010
Attn: General Counsel
By booking and participating the Culinary Tour, you, and everyone in your reservation group, acknowledge that this is a legally binding agreement and you, and everyone in your reservation group, agree to all the terms herein.
8. ADDITIONAL PROVISIONS
Neither WW, its affiliated entities and its and their employees, shareholders, officers, directors, successors, agents, and assigns (collectively “WW”), own or operate any person or entity which Collette utilizes to provide goods and/or services for these trips. WW does not maintain control or operate the personnel, equipment, or operations of the suppliers that Collette uses and as such WW assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of Collette’s suppliers or other employees or agents, (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of Collette’s suppliers, or (3) any wrongful, willful or negligent act or omission on the part of any other party.
You shall indemnify and hold harmless WW, its affiliated entities and its and their employees, agents, shareholders, officers, successors and assigns, from all suits, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of WW arising out of any goods or services provided for this or these trips.
WW is not responsible, and will not be bound by, representations made by third party representatives, travel agents, unaffiliated websites, or any other party.
9. ENTIRE AGREEMENT
This Supplemental Contract constitutes the complete and exclusive statement of the terms and conditions of the agreement relating to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral, between the parties.
© 2019 WW International, Inc. All Rights Reserved.