Africaribbean
Participant’s
Agreement

Terms and condition for Packages

This Agreement sets forth the terms and conditions under which AfriCaribbean Freetown L.L.C, an American company, agrees to provide AfriCaribbean Festival 2024, in return for your payment of the amounts indicated in your payment agreement. These documents contain important limitations on your rights. These are legally binding documents separate from any airline ticket. If you make a payment on behalf of yourself as well as the members of your group, party, or traveling companions, you consent to the Agreement on behalf of all members of your group or party and all your traveling companions. This Agreement is subject to change by ACF at any time after written notice of the change. 2024 ACF CANCELLATION POLICIES ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE! There are NO exceptions to our cancellation policies. We do not offer any kind of credit for cancellations of any kind and we strongly recommend that you are certain that you can make the festival. CANCELLATION OF AFRICARIBBEAN FESTIVAL (ACF) RESERVATIONAll cancellation requests must be submitted in writing. If you wish to cancel your reservation,please email [email protected] to cancel your reservations. WHAT HAPPENS IF SOMEONE IN YOUR ROOM CANCELS?As a courtesy, ACF offers participants within the same occupancy the ability to split the cost between participants and additionally offers subsequent monthly payment plans depending on when the reservation was created. If a participant with an assigned payment responsibility within the reservation cancels, regardless of the reason, that participant will be responsible for covering his/her entire balance at the time of cancellation. If that participant refuses to pay their outstanding balance,it then falls on the other participant/s to pay for the entire balance, or to arrange an amicable plan with the other remaining member/s of the room to cover the canceled participant’s portion either in full or split the balance owed into the monthly payments for the remaining member/s of the group. If you or any of the participant/s within a reservation find a replacement for the person canceling, wecan honor a name change subject to a US$150 – $250 name change fee depending on when the request is made. Once the new participant is added, they can take over the payment responsibility from the previous participant and pick up where they left off, however, we will not refund any previously paid portions to any participant/s regardless of the reason. As a primary, if you are in a double occupancy room and your roommate cancels, they will be asked to pay their remaining balance or find a replacement at which time either party will cover the ‘name change fee’ of US$150 – $250. In the event that this participant refuses to pay off their balance, or find a replacement, the responsibility falls on the other participant/s to find the replacement, pay the US$150 – $250 “name change fee,” or pay the double occupancy rate and remain in the room as a single occupant. All participant NAME changes can be made up to 30 days prior to the festival (if allowed by the ACF team) and will be assessed and charged the following administrative fees per name change at $100.00 per person.

MONTHLY

PAYMENT PLANS

For participants who are unable to pay for their package in full at the time of purchase, ACF offers, as a courtesy, a payment plan that will divide your payment into monthly installments based on the date of which you purchase the package.

A non-refundable deposit of 12% per package is due at the time of purchase.

Your remaining balance will be split into your chosen monthly payments.

ALL PAYMENTS

ARE DUE

The full remaining ACF package balance is due from all participants by November 30th, 2024.

Chargebacks

In the event an error was made on your ACF financial statement, we kindly request that you contact us at [email protected]to mediate your claim. Please do not execute a chargeback. Active participants who enter false debit/credit card chargeback claims will be subject to cancellation of the entire trip without refund and ACF reserves the right to block the participant from buying any packages on all future ACF events and/or levy a $500 chargeback processing fee.

PASSPORT AND LEGAL DOCUMENTATION

ACF assumes no responsibility for immigration requirements and approvals. Non-Sierra Leonean citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation and requirements for traveling. Your name, as listed on your travel documents, must exactly match your name as listed on your package.

It is YOUR responsibility to make sure you have the proper documents to travel. ACF is not responsible for denied entry due to insufficient documents. ACF’s cancellation policy applies in the event you are denied entry into Sierra Leone.

Embassy

CANCELLATION BY

ACF ARTIST

ACF has entered into an agreement with each performing artist to be present at the ACF to perform in accordance with terms specified therein. However, ACF shall not be liable or responsible for the failure of any artist or musician to perform under his or her agreement.

Further, ACF shall not be liable or responsible for any loss, damage, cost, or expense of any kind to any participant or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, pandemic, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, artist’s denial of entry into Sierra Leone, weather conditions and considerations of the safety of the venue, breakdowns of or damage to the stage and audio equipments, illness, death of a family member or other cause or circumstance beyond ACF’s control. In the event of any failure of contracted artists to perform during the festival, ACF, in its sole discretion, may engage a replacement artist or artists or may change, postpone or terminate all or any part of the festival or the entertainment program or change the program or itinerary. In such a case, ACF shall have no liability to any participant for any loss, damage, cost or expense whatsoever by reason of such change.

LUGGAGE

Each participant will be responsible for their luggage. All luggage must be in your possession at all times from the airport to the hotel. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought to the hotel or festival. Any such items shall be surrendered to security and may be disposed of at the sole discretion of [Law enforcement]. All luggage, hand-carried or checked, and your personal items are subject to security inspections that may involve physical search. Porters are available at the airport and seaport to take luggage to and from the arranged transportation.

Please be sure each piece of luggage is locked and has a tag listing your name. ACF assumes no responsibility for carry-on luggage. Any luggage left at the airport and or seaport will be forwarded at the passenger’s expense. Luggage loss or damage IS NOT the responsibility of ACF.

ZERO TOLERANCE

DRUG POLICY

ACF, has a zero-tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in removal from the festival as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases, ACF shall not be liable for any refund or other compensation or damages.

ZERO TOLERANCE

THREATS AND VIOLENCE

ACF, has a zero-tolerance policy regarding threats and violence including verbal or physical threats such as physical actions short of actual contact or injury (moving aggressively into another’s personal space), general spoken or written threats to people or property and implied threats, violent behavior including any physical assault, with or without weapons; behavior that a reasonable person would interpret as being potentially violent (throwing things, pounding one’s fist on door, or destroying property), or specific threats to inflict physical harm. Threats, threatening behavior or acts of violence against participants including staff will not be tolerated. Violations of this policy will lead to removal from the festival immediately, arrest and/or criminal prosecution according to local Law Enforcement. In such cases, ACF shall not be liable for any refund or other compensation or damages.

ZERO TOLERANCE DISCRIMINATION AND SEXUAL HARASSMENT

ACF has a zero-tolerance policy regarding discrimination and sexual harassment. Unlawful discrimination occurs when an individual’s protected characteristic is used as a basis for adverse decisions affecting that individual. Prohibited discrimination includes, but is not limited to sexual harassment and sexual violence. Discrimination encompasses a wide range of conduct including all forms of unwelcome verbal, physical and visual conduct and displays that are based on any of the above mentioned protected characteristics and which interfere with performance and/or create an offensive or hostile environment. Following are some examples that may constitute harassment:

(a) Verbal harassment such as jokes, epithets, slurs and unwelcome remarks about an individual’s body, dress, clothing, race, orientation, physical appearance or abilities, derogatory comments, discussions of a sexual nature and/or harassing remarks;

(b) Physical harassment such as physical interference with normal activity, impeding or blocking movement, assault, unwelcome physical contact or touching, staring at a person’s body, and threatening, intimidating or hostile acts that relate to a protected characteristic; and

(c) Visual harassment such as offensive or obscene emails, instant messaging, web blogs, photographs, calendars, posters, cards, cartoons, drawings and gestures, displays with sexually suggestive or lewd objects, unwelcome letters or notes or any other graphic material that denigrates or shows hostility or aversion toward an individual because of the individual’s protected characteristics.

Discrimination, sexual harassment or violence against participants including festival staff will not be tolerated. Violations of this policy will lead to removal, immediate, arrest and/or criminal prosecution as appropriate. In such cases, ACF shall not be liable for any refund or other compensation or damages.

ACF AGE POLICY

YOU MUST BE AT LEAST 18 YEARS OF AGE TO  ATTEND ACF.

CANCELLATION OF AFC

In the event of a strike, lockouts, riots, stoppage of labor  or any other reason whatsoever beyond the control of ACF.  ACF will reschedule the event for a later date. Under such circumstances, ACF shall have no liability for damages, loss or compensation of any kind.

INOCULATION AND HEALTH

All participants must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases, inoculations are recommended but in some circumstances, they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention’s Traveler’s Health website or toll-free at 1-877-FYI-TRIP, and the World Health Organization website.

PHOTOGRAPHY/VIDEO RELEASE

Video or audio recordings, filming, or photographs may occur during the week-long festival, which may be owned, licensed, assigned or distributed nationwide and worldwide by ACF, their affiliates and assignees. You hereby allow, waive and authorize ACF, its affiliates, and assignees the right to use your likeness in any manner whatsoever. You will not receive any compensation for such use and waive any right to bring any action in law or equity against ACF, their affiliates and assignees for such use.

DISPUTES, CHOICE OF

LAW AND JURISDICTION

Any dispute or difference arising out of or in connection with this Agreement, including any questions regarding its existence, construction, interpretation, validity, enforcement or termination, shall be governed and construed exclusively in accordance with the procedural and substantive laws of Sierra Leone without reference to conflicts of law. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the festival, but in no event attorneys’ fees; and you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. For the avoidance of doubt, the participant shall not initiate or be part of a class-action lawsuit or legal proceedings against ACF.

ROOMMATES

Your decision to accept a roommate for the festival is at your own risk. ACF is not responsible or liable in respect of any and all claims or causes of action arising out of or in connection with personal choice of a roommate for the festival, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such assignment. ACF will not assign roommate/s for those traveling as single occupancy who wish to travel with a roommate to offset cost. It is the responsibility of the participant to secure their own roommate if booking double occupancy.

RESPONSIBILITY AND LIMITATION OF LIABILITY

Under these terms and conditions, liability to participants for damage to or theft of luggage, personal property, delay, and circumstances during festival or elsewhere is very limited. By purchasing the package for ACF, you (the participant) agree to release and hold harmless ACF, from and against any claim or cause of action arising out of or in connection with your participation in the festival, including, but not limited to:

(1) injury, death or delay of participant or loss, damage or delay of or to participant’s baggage or other property. Which may be caused, directly or indirectly, in whole or in part, from participation in the festival, including, without limitation, participant’s use of or participation in any tour or excursion, or athletic or recreational activity;

(2) your request for or selection of a roommate for the festival;

(3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances;

(4) any change in scheduled festival events and/or celebrity appearances;

(5) or (if you are entering into this agreement on behalf of yourself and your group, party, or traveling companions) any claim arising out of their assertion that you were not authorized to agree on their behalf. You further agree that ACF shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by ACF, nor for any intentional or negligent acts of ACF’s employees committed while off duty or outside the course and scope of their employment. In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then ACF’s liability shall be limited to the maximum extent permitted by law of Sierra Leone. You will find at the festival, independent concessionaires which operate booths, photography, gaming, etc. ACF accepts no responsibility whatsoever for the actions of these independent concessionaires arising from your dealing with them. You must contact and deal or interact with them directly. In consideration of participating and attending ACF, you voluntarily assume all risks while at the week-long festival and release ACF of and from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney’s fees and demands whatsoever that may be sustained by you while at the festival.

This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives. Your decision to purchase and pay a deposit for this festival program constitutes your acknowledgment of and consent to all of the terms and conditions of the brochure and website, including the limitations of liability described in it.

If notwithstanding the above, ACF is found liable for any loss or damage relating to your participation in the festival, participant agrees that such liability shall not exceed the amount paid by the participant for his/her package.

HOTEL/ROOM SMOKING POLICY AND DESIGNATED SMOKING AREAS |

ELECTRONIC CIGARETTES

Participants agree to follow all hotel policies and public smoking policies in Sierra Leone for all tobacco, e-cigarettes and any other smoking products. All policies must  be adhered to and any violations that result in any legal actions are not the liability or responsibility of ACF.

NO THIRD PARTY RIGHTS

The parties agree that the terms of this Agreement are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 2016.

CONFIDENTIALITY

The Parties agree to keep the terms of this Agreement strictly confidential, including but not limited to the amount paid by the participant in consideration for this Agreement, except as may be required by any law, regulation, or legal, judicial, or administrative process or proceeding.

MEDICAL CARE

You assume all risks associated with travel and transportation during the festival. While in Freetown, Sierra Leone, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the festival may be in areas where medical care and/or evacuation may not be available. You agree to fully indemnify and hold no liability or responsibility to ACF in the event that either party, in its sole discretion, advances to you the cost of emergency medical care, including medical evacuation and/or medical care provided any part of your travel to/from Sierra Leone, as well as transportation and/or lodging in connection therewith. Any medical care fees forwarded to ACF for any participant will be paid solely by the participant. ACF shall have no responsibility to advance any such costs. We highly recommend the purchase of travel insurance to cover any unforeseen and unexpected medical expenses.

FURTHERMORE

All trademarks are the exclusive property of their respective owners. The information contained on this page and in other pages and material relating to the festival, including any information regarding celebrity participation and programmed events, is subject to change at any time after notice. The details shown are for informational purposes only. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.

In Addition to the restrictions and exemptions from liability provided in this Agreement, ACF shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in contained herein is intended to operate to limit or deprive ACF of any such statutory limitation of or exoneration from liability.  This Agreement contains the entire agreement between ACF and the Participant/s, and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision must be made in writing and signed by an authorized representative of ACF. If any portion shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.

AfriCaribbean Festival Team,

[email protected]

www.afriCaribbeanfestival.com

Instagram: afri.caribbean

Twitter: @Africaribbean1

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