General conditions of sale - Cruise Gay Tropical Americas Cruise - from 28/01/2022 to 07/02/2022
ATLANTIS EVENTS GUEST RESERVATION TERMS & CONDITIONS
Important Notice To Guests
BY MAKING YOUR RESERVATION AND DELIVERING PAYMENT FOR YOUR VACATION OR CRUISE YOU THEREBY AGREE TO BE BOUND BY THIS ATLANTIS EVENTS, INC. (“ATLANTIS”) GUEST RESERVATION TERMS AND CONDITIONS AGREEMENT (THIS “AGREEMENT”) AND ACKNOWLEDGE THAT YOU ACCEPT, ON BEHALF OF YOURSELF AND ALL OTHER PERSONS TRAVELING UNDER YOUR RESERVATION, ALL THE TERMS AND CONDITIONS SET OUT HEREIN.
THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS SO IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS AGREEMENT, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE, AND RETAIN IT FOR FUTURE REFERENCE.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION FOR CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY TO RESOLVE THOSE DISPUTES. PLEASE READ SECTION 11 BELOW.
THIS AGREEMENT CONTAINS A RELEASE AND AUTHORIZATION FOR USE OF YOUR IMAGE, NAME, VOICE AND LIKENESS IN PARAGRAPH 10.
Cruise Line or Supplier Passage Ticket and Guest Policies Strict Limitations on Atlantis Liability
You hereby acknowledge and agree that the airlines, cruise lines, hotels, resort operators, transportation companies, tour operators, and other suppliers providing services (collectively the “Suppliers” or “Supplier”) have full and exclusive control of the Vessel, airplane, hotel or resort where your Atlantis vacation will take place, that the Supplier, not Atlantis, is responsible for providing all services to you within that Vessel, airplane, hotel or resort and that therefore the Supplier, not Atlantis, shall be solely responsible for any and all liability, loss, expense, damages, or claims arising out of or related to any act, conduct or omission occurring while you are on board the Vessel or airplane or within the hotel or resort. Atlantis, in its capacity as a charterer, has no such control or ability to provide you such and as such shall have no responsibility for the acts and omissions of Suppliers.
You hereby further acknowledge and agree that, in addition to the terms and conditions of this Agreement, you will be bound by the passenger ticket contract and by the general terms and conditions of Supplier’s program and guest policy or other policies, terms and conditions of the Supplier’s (the “Ticket”). The Ticket and all of its definitions, terms and conditions are hereby incorporated into this Agreement by reference.
You hereby agree to hold Atlantis free of responsibility for, and to bear the sole risk of, any delay, claim, liability, loss or accident occasioned by the fault or negligence of any Supplier or other person or company entrusted with such service.
By making your reservation and agreeing to utilize the services of Atlantis and the Supplier, you agree that neither Atlantis nor the Supplier, nor their respective affiliates, agents, principals, employees, or representatives shall be liable for any loss, injury, or damage to you or your belongings, or otherwise in connection with any accommodations, transportation, or cruise, or for trip cancellations, delays, changes in itinerary or schedule, or other services whether or not resulting directly or indirectly from any occurrence beyond their control, including without limitation, Acts of God, breakdown of the Vessel, hostilities, blockades, labor conflicts, strikes aboard ship or on land, war, fire, collision, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, weather conditions and considerations of safety of the Vessel, or other circumstances.
In the event of interruption, changes, delays or cancellation of your Atlantis trip for any reason, or in the event of default, real or alleged, of any kind by Atlantis or the Supplier, or your claim that Atlantis or the Supplier has for whatever reason failed to perform its respective obligations to you, the sole liability of Atlantis and the Supplier to you shall be to refund all monies theretofore paid by you for all obligations not then performed or for which you have not yet received benefit.
Atlantis and the Supplier shall not be liable or responsible to you for any other costs incurred by you, including but not limited to, travel costs and other costs incurred by you in preparation or anticipation of your trip, or for any other consequential damages arising from, or as a result of, such cancellation.
All travel arrangements made for or by you for air transportation, shore excursions, ground tours, ground transportation, hotels, restaurants and other similar activities or services are made solely for your convenience and are at your own risk. The providers of such services are independent contractors and are not acting as agents or representatives of Atlantis or the Supplier. In no event shall Atlantis or the Supplier be liable for any accident, injury or harm to you which occurs off the Vessel, hotel or resort as a result of any acts, omissions or negligence of any third parties or independent contractors.
The Supplier shall in no event be liable to you for any contracts or understandings between you and Atlantis resulting from your claim for the return of any monies collected by Atlantis with respect to the Cruise or your Atlantis trip or vacation and you hereby agree to look solely to Atlantis to collect any such sums.
Accessibility for All - Americans with Disabilities Act (ADA) Compliance: Guest Special Needs Form
Atlantis is committed to providing all of its guests with an unrivaled vacation and does not discriminate on the basis of disability. Atlantis complies with the Americans with Disabilities Act (“ADA”). Atlantis has implemented its ADA Accessibility Policy to ensure that its guests have the best possible vacation experience and to best accommodate your special needs.
To provide Atlantis and the Suppliers with sufficient time to accommodate your needs, if you have special needs or require special medical care, equipment or accommodations, a sign interpreter or service animal, please notify Atlantis at the time of your first booking and in any event no later than 60 days prior to cruise or vacation and please complete and deliver to Atlantis the Guest Special Needs Form, which is available on request and on Atlantis’ website. If Atlantis does not receive sufficient advance notice, Atlantis will make reasonable efforts to notify and work with the Suppliers to provide your requested accommodations, equipment or services, but we cannot guaranty that they will be provided. While Atlantis does not require information about the type or extent of your disability, the more information you can share with Atlantis about your specific needs, and the sooner you do so, the better Atlantis will be able to accommodate you.
Atlantis has a designated ADA Compliance Coordinator (“ADA Coordinator”) on its staff. For more information, please contact Atlantis’ ADA Coordinator at (310) 859-8800 or via e-mail at: firstname.lastname@example.org or have your travel agent contact us.
Passengers acknowledge and understand that certain international safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of the Vessel, resort or transport may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs.
Since the Suppliers and not Atlantis have full and complete control of the Vessel, hotel or resort where you will be vacationing, Atlantis will convey your special needs to the Suppliers and its ADA Coordinator, and to the extent that Atlantis is reasonably able to do so, will facilitate resolution between guests and Suppliers of a guest’s requests for accommodation, with the understanding that it is the Supplier and not Atlantis who is responsible for accommodating special needs on the Supplier’s Vessel or in the hotel or resort and that resorts, hotels and facilities located outside of the United States may not have accessible facilities or otherwise be equipped to facilitate a guest’s requests for accommodation.
The Suppliers and not Atlantis determine whether a guest may bring service animals onto the Vessel, hotel or resort. Atlantis will communicate to the Suppliers a guest’s request to bring a service animal and will use its best efforts to facilitate resolution of such requests between guests and Atlantis’ Suppliers. Passenger agrees to accept responsibility and reimburse Atlantis and the Suppliers for any loss, damage or expense whatsoever related to the presence of any service animal brought on board the Vessel, resort or transport.
Deposits and Payment Schedule
There are three ways to pay for an Atlantis vacation and you have your choice of terms. Please note that each schedule has specific refund and cancellation penalties and the most restrictive would apply if you change terms after selection.
Option 1: Standard Deposits & Final Payment
This plan offers an initial deposit and up to 2 installment payments thereafter depending on when you make your reservation, with the final balance due 90 days before departure. The payment schedule is as follows:
- 25% Deposit Due at Booking if more than 181 days prior to departure.
- 25% Second Deposit Due 180 days prior to departure
- Balance Due at 90 day prior to departure
Option 2: Interest-Free Monthly Payment Plan
This plan allows guests to spread payments over a period of time which must be automatically charged to your approved credit card, with a low initial deposit. Please note that on this plan the deposit is non-refundable if the booking is cancelled or payments are missed. There is no additional charge for the monthly payment plan.
Here’s how the plan works.
- $200 non-refundable deposit due at time of booking
- Equal monthly installment payments due until 60 days prior to departure
At the time of booking you will be able to see what the monthly payment is and how many are required. Monthly payments are automatically charged to your credit card, but it is your responsibility to notify Atlantis should you desire to change your form of payment, or your initial card is no longer valid. Please note that should you miss a monthly payment, certain penalty fees will accrue in addition to the payments themselves.
Option 3: Pay in Full
You are welcome to pay in full for your reservation at the time of booking. Certain suite categories and promotional fares require full payment at the time of booking. In some cases, we may also offer incentives to pay in full.
In all cases a deposit must be paid and accompany your reservation to confirm your space on any program. If you are paying by credit card, payments must be automatically charged to an approved credit card as indicated, unless Atlantis is notified at least 5 business days before such payment is due. If you are paying by check or bank transfer, please make sure your payment is received by the date required or your reservation is subject to cancellation without any requirement that Atlantis provide you advance notice. Failure to make timely payments of any reservation will cause your reservation to be cancelled without notice and all amounts paid to date shall be held by Atlantis in accordance with Atlantis’ cancellation policies.
A 5% fee of the total amount charged applies to any changes to form of payment once a deposit has been made.
Certain categories and/or promotional fares may have more restrictive payment terms and will be indicated on the individual confirmation.
Travel Documents, Passports and Proof of Citizenship; Customs
All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call or otherwise required to gain entry to all countries are your sole responsibility. It is your sole responsibility to identify and obtain all required travel documents and have them available when necessary. These appropriate valid travel documents such as a passport, visa, inoculation certificate and family legal documents are required for boarding vessels and country entry and/or re-entry. Guests who do not possess the proper documentation may be prevented from boarding their flight or vessel or from entering a country and may be subject to fines. No refunds will be given to individuals who fail to bring the proper travel documents. All international travel generally requires a valid passport. Visas may be required, depending on the destination. Citizens of countries other than the U.S. should contact an embassy or consulate of the destination country for specific entry requirements.
Atlantis is not responsible for any delays you may encounter due to your incomplete or incorrect travel documents, nor shall Atlantis or the Suppliers have any liability therefore. Should you fail to possess valid documentation, you will be denied boarding or entry and will not be entitled to any refund. Your full compliance with all customs regulations and all local and national laws is your own responsibility.
Cruise Line Registration and Ticket Issuance
For most vacations, you’ll be asked to register with the cruise line or other Supplier approximately 4 weeks before departure to enable the downloading of your travel documents, luggage tags, passenger ticket, and other essential information for travel.
Full text of the essential information required to travel is also normally posted on the Atlantis website (www.atlantisevents.com) approximately 4 weeks prior to departure. You shall receive your travel documents electronically unless Supplier traditionally provides paper documents. In those cases, documents will be sent via regular US Mail approximately two weeks prior to departure to all domestic addresses. Paper documents will not be sent to non-US addresses.
Your Responsibility for Damages Caused by You
You shall be liable to, and shall reimburse Atlantis and Suppliers for, any damage to the Vessel, the Transport, hotel, resort or any property of Atlantis or the Suppliers caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on your part; and you shall further indemnify Atlantis and Suppliers and each and all of their agents and servants against all liability which Atlantis and Suppliers may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on your part. You shall be liable to Atlantis and the Suppliers for any fines or penalties imposed on Atlantis or Suppliers by any governmental authorities for your failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs, crime or excise.
Atlantis and Supplier Right to Refuse Transport or Booking
Atlantis and the Suppliers may refuse to transport any guest, and may remove any guest from the Vessel, transport, hotel or resort at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a guest refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a guest refuses upon request to produce positive identification or required travel documents; or (iv) for failure to comply with Supplier's or Atlantis’ rules and procedures, including, for example, Supplier’s Ticket or guest conduct policy or Supplier's policies against fraternization with crew; or (v) when guest's passage is denied by Supplier pursuant to its refusal to transport policy; or (vi) when a guest . Supplier's guest conduct policy and refusal to transport policy are available on the Supplier’s website. To facilitate Atlantis’ and Supplier’s ability to continue to provide safe and enjoyable cruises and vacations to our guests, Atlantis and the Suppliers reserve the right to refuse to accept a reservation request from an individual or group and reserve the right to cancel an existing reservation for any reason.
You understand and agree that Atlantis and the Suppliers have a zero tolerance policy for illegal drugs or activity and shall report such activity to the appropriate authorities.
Cancellation and Transfer Policy; Changes in Itinerary or Vacation Details; Force Majeure Events
If an Atlantis Supplier or Atlantis is forced to cancel or undertake a major change (such as change in resort, hotel or vessel, departure or return date, departure city or destination) the a cruise, vacation or tour due to circumstances beyond their normal control, such as the following non-exclusive list, Acts of God, breakdown of the Vessel or breakdowns of or damage to its hull, machinery and fittings, inability to secure or failure of supplies including fuel, requisition of the Vessel or other circumstances beyond the Supplier’s control (including but not limited to a change in Supplier’s fleet deployment caused by any of the aforementioned events), war, civil or political unrest, hostilities, blockades, labor conflicts, strikes, including strikes aboard or ashore or at a resort, restraint of rulers or princes, fire, collision, directions of underwriters, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, catastrophes, epidemics, pandemics, virus or illness (“Force Majeure Events”), Atlantis will attempt to notify you as soon as possible. The sole liability of Atlantis by reason of a Force Majeure Event shall be to, depending on Supplier’s refund policies, offer a credit to be applied to future Atlantis vacations or a refund of all monies theretofore paid to Atlantis for all obligations not then performed or for which the guest has not had benefit.
Cruise ship itineraries are always subject to change without notice and any alterations except to embarkation points shall not be considered a major change. Neither the Supplier nor Atlantis shall be responsible for any failure to adhere to published arrival and departure times for any of its ports of call.
Atlantis reserves the right to (1) cancel the cruise or vacation or tour at any time prior to departure and refund all monies in full and complete settlement of its obligations, and (2) decline to accept or retain any person as a member of the tour.
If your reservation is cancelled or credited or re-booked to a different trip, refunds of the total package price will be subject to a cancellation charge according to the following schedule:
|Days Before Departure||All US Based Cruises and Sailings 7 Nights or Less||Cruises Over 8 Nights||Resorts||Tours||Cruise Suite Bookings|
|151 - 180||$100*||$300*||$100*||$100*||$500*|
|121 - 150||$200||$500||$100*||$200||$1,000|
|91 - 120||20%||30%||$200||20%||50%||of total package price|
|61 - 90||40%||40%||40%||40%||100%||of total package price|
|31 - 60||100%||100%||60%||100%||100%||of total package price|
|30 or less||100%||100%||100%||100%||100%||of total package price|
Penalties marked with an asterisk (*) will be waived if all current payments are transferred in full to another vacation. The initial deposit for guests who select the Atlantis Monthly Payment Plan is non-refundable, and non-transferable regardless of the penalties above.
The departure date as defined above is the actual date you are originally scheduled to depart, regardless of the group departure date.
Certain categories and promotional fares may have more restrictive cancellation policies, and such policies are noted on the individual confirmation at time of booking.
Traveler substitutions (name changes) are allowed only for fully paid vacations, cruises or tours subject to a charge of $150, plus any charges imposed by Suppliers, including without limitation air carriers. You must notify Atlantis of any such substitution in writing at least seven (7) days prior to departure. Transferability of airline tickets varies by carrier and shall be your sole responsibility.
Cancellation by the guest after a cruise or vacation has begun, early disembarkation of the guest for any reason, including pursuant to any provision of this Agreement, or “no-shows” shall be without refund, credit, compensation, or liability on the part of the Atlantis whatsoever and shall be subject to governmental, legal and Supplier restrictions on any such action.
Additional fees shall apply for certain services and conditions as follows:
- Returned payment fee: $50
- Wire Transfer receipt fee: $25
- Monthly payment manual processing fee: $50
- Name Change Fee: $150
- A charge of 5% of the total amount paid will be charged to change a form of payment on existing deposits or payments.
TRAVEL & TRIP CANCELLATION INSURANCE
Atlantis strongly recommends that you purchase travel insurance and/or trip cancellation insurance which Atlantis offers through various insurance carriers. Many policies offer valuable waivers of pre-existing conditions if purchased at or near the time of booking. Travel insurance coverage offers many benefits including emergency medical coverage and can protect your vacation investment. Each policy varies in scope and it is your responsibility to pay close attention to the coverage offered.
The individual carrier is the insurer not Atlantis, and therefore Atlantis is not responsible for the coverages offered, services provided, or claims for any travel insured.
By accepting these terms and conditions, you acknowledge that you have been offered travel and cancellation insurance and understand the risks of not purchasing and benefits of purchasing it.
RELEASE AND AUTHORIZATION FOR USE OF IMAGE, NAME, VOICE AND LIKENESS
You understand that Atlantis hires photographers and camera staff that will be producing promotional, advertising and publicity pictures, video and materials for Atlantis during your vacation and that by making your reservation, making payment to Atlantis and by entering the Vessel, airplane, hotel or resort where your Atlantis vacation will take place, you are willingly consenting to the use of your image, name, voice and likeness acquired during your vacation by Atlantis and/or by its assignees, licensees, independent contractors, employees, successors or associated entities (collectively “Atlantis”). You further hereby acknowledge that while within the Vessel, airplane, hotel or resort, you agree to be photographed and filmed and that your voice can be recorded. Nothing herein binds Atlantis to use or not use my image, name, voice and likeness.
You further agree in exchange for Atlantis and the Supplier granting you access to the Vessel, airplane, hotel or resort where your Atlantis vacation will take place and for receiving the benefits, services and amenities provided during your vacation, you grant to Atlantis the full unencumbered right in perpetuity and throughout the universe to use your photograph, image, name and likeness in video, and voice in any media of any of kind now known or hereinafter devised, including the right to assign and authorize your photograph, your image, name and likeness in video, for Atlantis’ promotion, advertising or any other lawful purposes, without limitations, at Atlantis's sole discretion, including the right to edit, combine with other materials or create any type of derivative materials thereof for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to you. All rights in and to the intellectual property created thereof shall be owned by Atlantis. You further hereby waive any right of droit morale that may be afforded you under the laws of any country and waiving the rights to arrange, adapt, change, modify, limit or deny use of your photograph, video, likeness and voice.
This release and assignment of rights and authorization includes all rights under any law, statute, or regulation now known or hereinafter devised, for the use of the materials, copyrights or trademarks, and/or any other legal or equitable intellectual property right to the use or control thereof anywhere in the World. You acknowledge that you have received good, fair and adequate consideration for this authorization.
You hereby agree to release Atlantis from any and all liability of any kind during the filming from point of arrival and check-in, initial embarkation, all areas of the Vessel, airplane, hotel or resort and in all ports and destinations up to and including final disembarkation. Your release of liability extends to any claims and costs that may arise based on the grant of the use of your photograph, video, likeness and voice.
YOU CERTIFY THAT YOU HAVE READ THIS RELEASE AND AUTHORIZATION AND YOU FULLY UNDERSTAND ITS CONTENTS. YOU UNDERSTAND THAT YOU MAY SEEK ADVICE OF AN ATTORNEY BUT MAY WAIVE THAT RIGHT. YOU ARE AWARE THAT THIS IS A RELEASE, AUTHORIZATION, ACKNOWLEDGEMENT, AND ASSIGNMENT OF YOUR IMAGE, NAME, VOICE AND LIKENESS RIGHTS, UNDERSTAND THAT THIS IS A BINDING CONTRACT, AND THAT YOU GRANT THE RIGHTS STATED ABOVE OF YOUR OWN FREE WILL.
IF YOU DO NOT DESIRE TO BE PART OF FUTURE ADVERTISING MATERIALS, YOU MAY RESCIND THIS RELEASE IN WRITING UPON ARRIVAL OR AT ANY TIME PRIOR TO YOUR RETURN FROM THE PROGRAM. AFTER YOUR RETURN, THE RIGHT TO SO RESCIND SHALL BE FOREVER WAIVED.
Time Limit to File Claims; Binding Arbitration; Class Action Waiver
Any dispute, claim or controversy between you and any person traveling under your reservation and Atlantis arising out of or relating to any claims, losses, damages or expenses relating to or in any way arising out of or connected with this Agreement or your Atlantis cruise or vacation, or any alleged breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, and any claim for damages or personal injury, illness or death and any alleged violation of civil rights, discrimination, consumer, Americans with Disabilities Act or privacy laws, shall be determined by arbitration in Los Angeles County, California before a sole arbitrator, in accordance with the laws of the State of California for agreements made in and to be performed in this State. The arbitration shall be administered under the commercial arbitration rules of the American Arbitration Association. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties, or one of them, and allowed by law. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter(s) in question would be barred by the applicable statute of limitations. The arbitrator shall reject any claim not based upon a timely filed demand. Judgment on the Award may be entered in any court having jurisdiction.
In the arbitration Award, the arbitrator shall allocate all of the costs of the arbitration (and mediation, if applicable), including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail.
NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY, NO ARBITRATION DEMAND (OR SUIT IF THE CLAIM IS NOT SUBJECT TO THIS ARBITRATION PROVISION) SHALL BE MAINTAINABLE AGAINST ATLANTIS FOR PERSONAL INJURY, ILLNESS OR DEATH, DAMAGES OR BREACH OF THIS AGREEMENT BY YOU UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO ATLANTIS AT ITS PRINCIPAL OFFICE WITHIN SIX (6) MONTHS FROM THE DATE THAT THE INJURY, ILLNESS, DEATH, DAMAGE OR BREACH OCCURRED AND DEMAND FOR ARBITRATION (OR SUIT IF THE CLAIM IS NOT COVERED BY THIS ARBITRATION PROVISION) IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS, DEATH, DAMAGE OR BREACH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING.
THE SUPPLIER TICKET NOT THIS AGREEMENT SHALL GOVERN ANY DISPUTE BETWEEN YOU AND THE SUPPLIER.
YOU AND EACH PERSON TRAVELING UNDER YOUR RESERVATION HEREBY AGREE THAT EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS PARAGRAPH, YOU MAY BRING CLAIMS AGAINST ATLANTIS ONLY IN YOUR INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST ATLANTIS, SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN THIS SECTION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN THIS SECTION 10, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
Choice of Law; Venue
This Agreement and your relationship with Atlantis shall be construed in accordance with the laws of the State of California applicable to contracts made and to be performed entirely within California. You hereby expressly agree and consent that any legal suit, arbitration or proceeding arising out of or relating to this Agreement or your relationship with Atlantis shall be instituted by either party in the County of Los Angeles, State of California, United States of America and, by the execution and delivery of this Agreement, you expressly waive any objection which you may have now or hereafter to venue or to the jurisdiction of any such suit, arbitration, action or proceeding, and irrevocably submit generally and unconditionally to the jurisdiction of any such court or body in Los Angeles County, California.
In the event of any litigation or arbitration between you and Atlantis arising out of this Agreement or the relationship of the parties established thereby and any and all transactions and documents related thereto, the prevailing party, whether or not such litigation or arbitration proceeds to final judgment or determination, shall be entitled to recover all of the attorneys' fees, costs and expenses incurred with respect to such legal efforts.
Entire Agreement, Assignment
This Agreement constitutes the entire agreement between you and Atlantis pertaining to the subject matter hereof and supersedes any prior or contemporaneous agreements, representations, negotiations or understandings between the parties not herein expressly set forth. Atlantis may assign, convey or transfer its rights under this Agreement to any parent, subsidiary or affiliate of Atlantis or to anyone else without your prior written consent or approval.
Revised & Effective 04/25/20