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PLEASE READ CAREFULLY. THESE TERMS & CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, CLASS-ACTION WAIVER, AND AGREEMENT TO BINDING ARBITRATION. THESE TERMS AND CONDITIONS CONTAIN LINKS TO IMPORTANT INFORMATION REGARDING COVID-19 AND TRAVEL DURING THE COVID-19 PANDEMIC. THESE LINKS CAN ALSO BE FOUND BY VISITING https://www.smallworldvacations.com/essential-information-to-know-before-you-go-to-walt-disney-world-and-universal-orlando-resort/
By using the services of Small World Vacations, Inc. and its independent contractors/ agents, and in consideration of receiving those services, I agree, understand, and acknowledge, on my own behalf and on behalf of any individual for whom I purchase or who uses or benefits from a ticket, pass, admission or reservation made or obtained by me through the services of Small World Vacations, Inc. and its independent contractors/ agents (collectively, the “Terms and Conditions Related to COVID-19”):
Travel Destinations: The Travel Destinations are: resorts, theme parks, hotels, cruise ships, spas, attractions, activities, entertainment, restaurants, retail stores, transportation, properties and/or other experiences which, as a result of or through services provided to me by the Released Parties, named below, (i) I have made a reservation(s) and/or purchased a ticket(s), admission(s) or pass(es), for me and/or others in my party, and/or (ii) I or any other individuals visit, use, participate in or benefit from, whether or not I have a reservation, or purchased tickets, admissions or passes.
Assumption of Risk: I understand and acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious Communicable and Infectious disease that can lead to severe illness, permanent disability and death. As a result of the highly infectious nature of COVID-19, federal, state, and local governments and federal and state health agencies recommend social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people and implemented travel restrictions. No precautions can eliminate the inherent risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention, older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the inherent risk of exposure to COVID-19 and any other Communicable disease or Infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. I understand the description of the inherent risks due to COVID-19 is not complete and that unknown or unanticipated risks may result in injury, illness, permanent disability, death or any other loss.
I understand, acknowledge and agree that Small World Vacations, Inc. and its independent contractors/ agents, after reasonable inquiry, have made available to me information regarding COVID-19 and health and safety policies and practices of the suppliers of the Travel Destinations, including but not limited to the links contained in these Terms and Conditions Related to COVID-19; and that it is my responsibility to educate myself about the inherent risks of COVID-19 and the health and safety policies and practices of the suppliers of the Travel Destinations. I understand that the suppliers may not apply those policies and practices as diligently as the policies and practices suggest, that some travelers may simply refuse to cooperate, and that even if the suppliers make a good faith effort to enforce the policies and practices, they may be insufficient to protect me and those traveling with me. I understand that Small World Vacations, Inc. and its independent contractors/agents are not the suppliers of the Travel Destinations and have no involvement in or control over any supplier’s health and safety policies and procedures, nor can Small World Vacations, Inc. and its independent contractors/agents control any traveler’s compliance with such health and safety policy and procedures.
By visiting and/or participating in the Travel Destinations, I, on my own behalf and on behalf of any minor child for whom I am a natural guardian, agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other Communicable or Infectious disease, including illness, injury, disability or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties. I acknowledge that my visit and participation are entirely voluntary and made after due consideration of risks.
WAIVER: ON MY OWN BEHALF, AND ON BEHALF OF ANY MINOR CHILD FOR WHOM I AM A NATURAL GUARDIAN, AND ON BEHALF OF OUR EXECUTORS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS, I AGREE TO FOREVER WAIVE, COVENANT NOT TO SUE, RELEASE, AND DISCHARGE THE RELEASED PARTIES, NAMED BELOW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES, COSTS, OR EXPENSES OF EVERY KIND, INCLUDING ALL CLAIMS AND CAUSES OF ACTION BASED ON THE SOLE, JOINT, ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, ARISING OUT OF OR IN ANY WAY RELATING TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE DURING MY VISIT TO AND/OR PARTICIPATION IN THE TRAVEL DESTINATIONS. THIS WAIVER OF LIABILITY AND THE ASSUMPTION OF RISK SET FORTH ABOVE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN PURSUANT TO FLORIDA STATUTE 744.301:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING SERVICES RELATED TO THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Acknowledgment Of Assumption Of Risk And Waiver By Other Users: I attest, acknowledge, and agree that a natural guardian of any minor, as well as any other individual, for whom I have bought a ticket, admission or pass or made a reservation or who uses or benefits from a ticket, admission, pass, or reservation made by me, has independently and carefully read these Terms and Conditions Related to COVID-19 and has knowingly and independently acknowledged and agreed to all its provisions, including without limitation (1) to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other Communicable or Infectious disease, including illness, injury, disability or death of himself, herself, or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below, and (2) to agree, on the minor’s behalf and/or his or her own behalf and on behalf of his or her heirs, executors, personal representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other Communicable or Infectious disease during his or her visit to and/or participation in the Travel Destinations.
Third-Party Beneficiaries: I acknowledge and agree that any individual for whom I have bought a ticket, admission or pass or made a reservation or who uses or benefits from a ticket, admission, pass, or reservation made by me, as a result of or through services provided to me by the Released Parties, is and is intended to be a third-party beneficiary of those services and that ticket, admission, pass, or reservation made by me.
Waiver of California Civil Code § 1542: I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Indemnity: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties harmless from and against any and all claims made or incurred by anyone, including myself, any minors or others traveling with me, and any individual who uses or benefits from a ticket, admission, pass, or reservation made by me, arising out of or in any way relating to my purchase of an admission(s), ticket(s) or pass(es) and/or my making of a reservation(s), and subsequent visit to and/or participation in the Travel Destinations and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to exposure to COVID-19 and any other Communicable or Infectious disease, wherever such visit and/or participation may occur and whether suffered before, during, or after such visit and/or participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals.
Scope: I agree that these Terms and Conditions Related to COVID-19 shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by me or anyone else before, during, or after my visit and/or participation, even if such injuries and/or damages occur in a manner that is not foreseeable at the time this agreement is signed. Additionally, I agree that the scope of these Terms and Conditions Related to COVID-19 shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable.
Term: These Terms and Conditions Related to COVID-19 apply to any and all visitation to and/or participation in the Travel Destinations, arising out of or related to the making of reservations or the purchase of an admission(s), ticket(s) or pass(es), pursuant to which I and the Released Parties agreed to these Terms and Conditions Related to COVID-19, from the date of execution.
Released Parties: The Released Parties are: Small World Vacations, Inc., and its independent contractors/agents, which include but are not limited to Christine Okruhlik of Vacations with Christine, LLC, an independent Contractor for Small World Vacations, Inc. and their respective parents, subsidiaries, and other affiliated or related companies, and all officers, directors, employees, shareholders, members, agents, contractors, subcontractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing entities.
Binding Arbitration: ON MY OWN BEHALF, AND ON BEHALF OF ANY MINOR CHILD FOR WHOM I AM A NATURAL GUARDIAN, AND ON BEHALF OF OUR EXECUTORS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS, I AGREE THAT:
UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS RELATED TO COVID-19 OR EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE DURING OUR VISIT TO AND/OR PARTICIPATION IN THE TRAVEL DESTINATIONS, NOW OR IN THE FUTURE, WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES OUR RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms and Conditions Related to COVID-19, including the arbitrability of any dispute and any claim that all or any part of these Terms and Conditions Related to COVID-19 is void or voidable.
In the event of a dispute, I agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact information; the facts giving rise to the dispute; and the relief requested to the Released Parties c/o Small World Vacations, Inc., 998 Harrison Street, Washington Township, NJ 07676. The Released Parties will send any notice of dispute to me at the contact information that they have for me. The Released Parties and I will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Released Parties or I may commence an arbitration proceeding. I may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not I negotiated informally first.
If the Released Parties and I do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the State of Florida; provided, however, that if circumstances prevent me from traveling to the State of Florida, JAMS may hold an in-person hearing in my hometown area. The Released Parties and I agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues me an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or (b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Released Parties will reimburse me for the filing fees I incurred.
Except as provided above with respect to jurisdiction in the State of Florida, nothing in this arbitration provision shall be construed as consent by the Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement.
This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
Venue But For Arbitration: In the event that neither party elects to resolve disputes under binding arbitration, as provided above, any legal action arising out of or relating to these Terms and Conditions Related to COVID-19 shall be commenced exclusively in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida (or if such Circuit Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction). In any such action, I specifically waive any right to bring a class action or other representative or collective action (such as an action in the form of a private attorney general). I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
Governing Law: These terms and conditions shall be governed exclusively by the laws of the State of Florida.
Severability/Partial Invalidity: If any provision or part thereof of these terms and conditions is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from the terms and conditions without affecting the binding force or effect of any other part or provision.
Terms and Conditions Subject to Change: Small World Vacations, Inc. may modify these Terms and Conditions Related to COVID-19 prospectively from time to time in its sole discretion. I agree to be notified of such changes via posted updates on the Small World Vacations, Inc. website (or any other reasonable manner of notice which Small World Vacations, Inc. elects). I shall frequently check the website and my email account for notices, all of which I agree are reasonable means of providing me notice. I can reject any changed terms and conditions by emailing my agent that I am discontinuing use of the services. Each time I use the services of Small World Vacations, Inc. and its independent contractors/agents, I am irrevocably agreeing to the then applicable terms and conditions in their entirety. Continued use of the services following the posting of any changes to these Terms and Conditions Related to COVID-19 constitutes acceptance of such changes. I understand and acknowledge that use of the services is also subject to Small World Vacations, Inc. standard terms and conditions, not related to COVID-19. Such other terms and conditions will not change or replace these Terms and Conditions Related to COVID-19, unless expressly stated in writing.
I understand that if I wish to use the services of Small World Vacations, Inc., and its independent contractors/agents, I must sign these Terms and Conditions Related to COVID-19 to confirm that I have read, understand and agree to them. I agree that the Terms and Conditions Related to COVID-19 may be electronically signed by checking the box below and clicking “Submit”. I agree that my electronic signature is the same as a handwritten signature for the purpose of validity, enforceability, and admissibility.