BIG HEAD TODD AND THE MONSTERS

TURKS AND CAICOS

TERMS AND CONDITIONS

THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE “CONTRACT”] CONTAIN:

 (A) SUPPLEMENTAL TERMS, CONDITIONS AND LIMITATIONS AS BETWEEN YOU AND CLASSIC TRAVEL AND LOCAL KNOWLEDGE, LLC. WITH RESPECT TO THE EVENT AND

(B) CLUB MED RESPONSIBILITY CLAUSE

THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS. AND CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND CLUB MED AND BETWEEN YOU AND CLASSIC TRAVEL AND LOCAL KNOWLEDGE (AS DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO THE CLASSIC TRAVEL AND LOCAL KNOWLEDGE, LLC/BIG HEAD TODD AND THE MONSTERS TURKS AND CAICOS  SUPPLEMENTAL TERMS AND CONDITIONS AND RETAIN THEM FOR YOUR FUTURE REFERENCE.

Classic Travel is a registered seller of travel in California (CST# 10151176-50).

The Big Head Todd and the Monsters Turks and Caicos Terms and Conditions are subject to change at any time. All references to "Classic Travel" shall be understood to include Classic Travel and any entity wholly owned by Phillips, Ltd. or affiliated through ownership with the owners of Phillips, Ltd.  All references to "Local Knowledge" shall be understood to include Local Knowledge and any entity wholly owned by Local Knowledge, LLC.  All references to "Club Med" shall be understood to mean Club Med Sales, Inc, a Delaware (USA) corporation.

For purposes hereof, all references to the "Event" or "BHTM T&C" shall be understood to mean (or any variation of the event name) shall be understood to refer to the Big Head Todd and the Monsters Turks and Caicos event. All references to "Guest" for purposes of this Contract shall include each person listed on a Ticket Contract and each person, other than Classic Travel personnel, Local Knowledge personnel, and artists and artist personnel, who attend the Event or attends any Event related activity, whether or not listed on a Ticket Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.

Each Guest’s reservation for the BHTM T&C, acceptance and/or use of the Ticket Contract, check-in for accommodation, and attendance at any event related activity constitute the acceptance of and agreement to this Contract, including each and all of the Supplemental Terms and Conditions hereof.

By purchasing or accepting the Ticket Contract for the BHTM T&C, you represent to and for the benefit of Classic Travel, Local Knowledge, and Club Med 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 Supplemental Terms and Conditions of this Contract. This Contract is not transferable and you may not sell or assign it. It is valid only for the event indicated. This Contract may not be modified except in writing signed by Classic Travel, Local Knowledge except as provided therein. The terms, conditions and limitations herein shall apply to any and all disputes between you and Classic Travel, and Local Knowledge, regardless whether arising at the Club Med Turkoise Resort or in any other place, location or any mode of transportation whatsoever. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of Classic Travel, and Local Knowledge, and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s event attendance, as well as any of their affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; and all suppliers, shipbuilders, component part manufacturers; and their owners, operators, managers, charterers, agents, pilots, officers, crew, employees and vessels. Neither Classic Travel, Local Knowledge, nor any of its employees have any authority to change, modify, alter or suspend any of the provisions of the Contract between the Guest and Club Med which shall govern the relationship between Guest and Club Med exclusively.

CLASSIC TRAVEL AND LOCAL KNOWLEDGE SUPPLEMENTAL TERMS AND CONDITIONS

The following Supplemental Terms and Conditions are incorporated in and made a part of the Contract between each Guest and Classic Travel and Local Knowledge.  Each reservation or acceptance or utilization of the Club Med Responsibility Contract or check-in for accommodation or attendance at any event related activity constitutes agreement with and acceptance of the following Supplemental Terms and Conditions, in addition to the terms and conditions of the Club Med Responsibility Contract:

1.                  Nature of the Event

The BHTM T&C is an event featuring performances by featured "artists" of which scheduled is the band "Big Head Todd and the Monsters" and special guest artists. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular concert by any particular artist on any particular date. Classic Travel, Local Knowledge, and Guest agree that Guest is purchasing accommodation at a specific resort during a specific period of time during which time it is anticipated that artists will perform more than one concert(s) during the Event. While every effort is made by Classic Travel and Local Knowledge to assure Guests may attend events and performances, Classic Travel and Local Knowledge, cannot guarantee that any Guest will be able to attend every performance during the Event.

The BHTM T&C is organized and presented by Classic Travel and Local Knowledge. The band "Big Head Todd and the Monsters", any special guest artist, and their individual members, entities, organizations, affiliates, agents, representatives, employees, officers, directors, managers, successors and assigns (the "Band" or "Artists"), are not part of the organizers of this event and are contracted independently to provide entertainment as agreed upon by Big Head Todd and the Monsters, Inc., special guest artist, and the organizer, Classic Travel and Local Knowledge. As such, the Band (1) disclaims any responsibility or liability with respect to the Event, transportation or any activities related thereto and (2) shall be entitled to the full protection of any and all contractual provisions or law which limits the liability of any party or parties in any manner involved in the Event.

Classic Travel, Local Knowledge, and their employees, agents, and assigns (collectively Classic Travel and Local Knowledge), do not own or operate any entity which is to, or do, provide goods or services for your event including, for example, lodging facilities, airline, cruise line, vessel or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors. As a result, Local Knowledge and Classic Travel are not responsible for any negligent or willful act or failure to act of any such person or entity or of any third party.

In addition and without limitation, Local Knowledge and Classic Travel are not responsible for any injury, loss, death, inconvenience, delay or damage to any person or property in provision with any goods or services whether resulting from, but not limited to acts of God or force of nature, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical failure of airplanes or other means of transportation mechanism to arrive or depart timely.

If due to weather, flight schedules, or other uncontrollable factors Guest is required to spend additional night(s), Guest will be responsible for hotel, transfers and meal costs. Baggage is entirely at owner's risk. The right is reserved to decline to accept or retain any person as a member of the Event at any time. Specific accommodation assignments are within the sole discretion of the hotel management and/or Classic Travel and Local Knowledge. Guests must be over the age of eighteen (18) years old. Any Guest under the age of eighteen years must receive express permission from Classic Travel and Local Knowledge and be accompanied by a responsible adult over the age of twenty one years. Although Classic Travel and Local Knowledge seek to verify the accuracy of published information on web site, brochure, or other material, mistakes may occur. Consequently, Classic Travel and Local Knowledge reserve the right to refuse or rescind any booking which Classic Travel and Local Knowledge conclude was made on the basis of erroneous or incorrect information (such as typographical errors or other mistakes as to the specified pricing).

2.                  Pricing and Payments

Payment Schedule

A).                   Due at time of Registration                $575.00 per person.

B).                   July 10, 2008                                       50% of balance due

C).                   October 10, 2008                                50% of balance due- Final

Reservations made after the final payment date of October 10, 2008 require payment in full at time of registration.

Reservation is made and held under the name of Guest "1" and he/she is responsible for the registration, payments and for all correspondence with Classic Travel and Local Knowledge. All contacts and cruise info will be directed to them.

Payments not received by the dates indicated are subject to a late fee of no less than $50.00 (USD).  Any payment not received within 7 days after the scheduled date will be charged automatically to the credit card on file for Guest "1" (as hereinafter defined) or, in the event the initial payment was made by someone not traveling, the credit card on file for the initial payment. In such a case the minimum late fee will be $50.00 (USD).  Payments not made or collected within 21 days of the due date will risk cancellation of the reservation at the cancellation fee outlined below.

3.                  Changes, Transfers and Cancellation

Terms and conditions defined in this paragraph supersede Club Med’s policies.

All deposits and payments are non-refundable with the following exceptions:

Cancellations prior to July 10, 2008 are fully refundable subject to a $325.00 per person administrative fee.

Cancellations prior to October 10, 2008- 50% of monies paid are refundable.

Cancellations after October 10, 2008 are 100% non-refundable.

Refunds will be issued within 45 days of notice by check or credit.

Classic Travel and Local Knowledge do offer and RECOMMEND (but do not require) that each Guest purchase travel insurance for the Event. Because of the nature and uniqueness of the Event, there is a strict cancellation policy. Travel Insurance is available through Classic Travel at the time of registration.

All changes, transfers or cancellations may be made only by the Guest "1". Guest "1", in whose name the reservation is held, may change the name of any accompanying Guest in the same room subject to a charge of $50.00 prior to the final payment date. Any other reservation change, subsequent changes to the name of any accompanying guest in the same room, or any change after January 18, 2009 will be subject to a minimum $100.00 administrative fee before the change is effected.

A reservation for the cruise is valid only for the person(s) named within as Guests and cannot be transferred without the written consent Classic Travel and Local Knowledge.

Guests that have purchased trip insurance and need to cancel for a covered condition may be able to make a claim with the insurance carrier to recover any lost payments.

4.                  Acceptance and Agreement to Club Med Responsibility Clause

By making the reservation for the BHTM T&C or by the accepting and/or using the Guest Contract by the persons named thereon as Guests, and/or checking-in for accommodation and attending any Event related activities, Guests "1" and each Guest on the same reservation, acknowledges he or she has read, understands and agrees to be bound by each and every term, condition and provision of the Club Med Responsibility Clause and agrees to be bound thereby. Each Guest further agrees that, pursuant to the provisions of the Club Med responsibility Clause, Classic Travel and Local Knowledge, as exclusive charterers of the Turkoise Resort, are included within the term “Club Med” in the Club Med Responsibility Clause and that Classic Travel and Local Knowledge shall be entitled to the benefit of all rights, terms, conditions, and limitations granted Club Med there under as a charterer of the resort as though Classic Travel and Local Knowledge were specifically named therein.

5.                  Breach or Cancellation by Performing Artist

Local Knowledge has entered into an agreement with the performing artists at the BHTM T&C Event to perform in accordance with terms specified therein. However, neither Classic Travel, Local Knowledge, nor Club Med shall be liable or responsible for failure of any artist or musician to appear or to perform under its agreement.  Further, neither Classic Travel, Local Knowledge, nor Club Med shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest 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, 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, weather conditions and considerations of the safety, illness, death of a family member or other cause or circumstance beyond Classic Travel's nor Local Knowledge's reasonable control. In the event of any failure of contracted artists to perform during the Event, Classic Travel and Local Knowledge, in their sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Event or the entertainment program or change the program. In such case, Classic Travel nor Local Knowledge, shall have no liability to any Guest for any loss, damage, and cost or expense whatsoever by reason of such change.

In any other case including without limitation any breach of contract or failure to perform by any artist or musician, Guest, Classic Travel, and Local Knowledge acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. A number of factors contribute to these uncertainties including without limitation the fact that Guest has engaged in attendance at Event and other substitute entertainment will be provided for Guest’s enjoyment and the difficulty of arranging substitute entertainment. Therefore, Guest agrees that the remedies described herein (substitution for any particular artist or musician) represent fair compensation in the nature of liquidated damages to the exclusion of all other damages payable by Classic Travel, Local Knowledge, or Club Med, whether direct or indirect, proximate or incidental or consequential, for such modification, cancellation or termination of the Event by Classic Travel and Local Knowledge. No Guest shall be entitled to recover any incidental or consequential losses or damages sustained by him or her. Each Guest agrees this remedy shall be his or her exclusive remedy.

6.                  Cancellation of the Event

Local Knowledge and Classic Travel have reserved the right to cancel the Event, and by extension the Ticket Contract at any time prior to or during the Event. If the Event is cancelled before commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount. If the Event is cancelled during the Event, each Guest shall receive a reasonable allowance determined on a pro rata basis by taking into account the time missed relative to the scheduled duration of the Event. Classic Travel and Local Knowledge shall have no further liability for damages or compensation of any kind.

7.                  Forum

It is agreed by and between each Guest and Classic Travel and Local Knowledge that all disputes and matters whatsoever arising under, in connection with or incident to this agreement or to the BHTM T&C, including any dispute or matter arising out of or related to Guest’s travel to the destination involving Classic Travel and Local Knowledge, shall be settled solely and exclusively by binding arbitration in Ventura, California in accordance with the rules of the American Arbitration Association then existent.

CLUB MED RESPONSIBILITY CLAUSE

IMPORTANT TERMS AND CONDITIONS OF CONTRACT - READ CAREFULLY

ISSUED SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS ON THIS PAGE AND THE FOLLOWING PAGES.  READ TERMS AND CONDITIONS CAREFULLY.

IMPORTANT NOTICE TO GUESTS

 THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN "TRAVEL PARTICIPANT" OR "GUEST" AND "CLUB MED". THIS CONTRACT CONTAINS ALL TERMS OF OUR AGREEMENT AND SUPERCEDES ALL OTHER ORAL OR WRITTEN AGREEMENTS, COMMUNICATIONS OR REPRESENTATIONS.  THE WORD "TRAVEL PARTICIPANT" OR "GUEST' REFERS TO ALL PERSONS TRAVELING UNDER THIS CONTRACT INCLUDING THEIR HEIRS, SUCCESSORS IN INTEREST AND PERSONAL REPRESENTATIVES. CERTAIN OTHER PERSONS AND ENTITIES, AS WELL AS THE RESORT ITSELF, ARE ALSO GRANTED RIGHTS UNDER THIS CONTRACT.

 RESPONSIBILITY

Guest agrees they shall be bound by the rules of Club Med governing stays at Club Med Villages and the terms and conditions set forth in Club Med's brochure as well as the regulations in force at each Village. Guest acknowledges by placing a reservation for the BHTM T&C Event, acceptance and/or use of the Ticket Contract, check-in for accommodation, and/or attendance at any event related activity they have read, understand, and constitute the acceptance of the limitations on liability of Club Med, Inc. and/or its subsidiaries and affiliates, agents or representatives as set forth in this 6.1.  Travel participants participate in the activities and use the facilities at Club Med Villages at their own risk.  Sports and similar activities intrinsically involve risks of physical injury greater than those encountered in daily life, and by taking part in sports and other activities, travel participants acknowledge and assume the risks inherent therein.  Club Med and their affiliates, agents or representatives accept no responsibility, and shall not be liable for any injury, illness, damage, loss, accident, expense, delay or other irregularity resulting from a travel participant's participation in any activity or use of any of the facilities at Club Med Villages.  Club Med and their affiliates, agents or representatives reserve the right to withdraw, alter or otherwise modify Club Med Village destinations, tours, itineraries, specific programs, sports facilities or activities included in Client's Travel Program at any time and without notice for any reason whatsoever at its sole discretion.  All services are subject to the laws of the country in which they are provided.

All arrangements other than the stay at the Club Med Village, including non-village accommodations, sightseeing, excursions, transfers and air and other transportation, if made by Club Med or their affiliates, agents or representatives are made by them solely in the capacity of agents for the supplier of these services. Therefore, neither Club Med or their affiliates, agents or representatives accept responsibility, nor shall they be liable for any injury, illness, damage, loss, accident, expense, delay, or other irregularity which may result from the supplying of these services, whether caused by a defect of any vehicle, breakdown of equipment, strikes, theft, the negligence or default of any supplier of services, or otherwise, or for any cancellation of or changes or delays in itineraries or schedules or additional expense or loss of vacation time incurred by travel participants resulting therefrom, or for any loss or damage resulting from improper or insufficient passports, visas, or other documents.  Neither Club Med, their affiliates, agents or representatives shall be liable or responsible for any additional expense or liability sustained or incurred by the Client or travel participant as a result of any of the foregoing causes.

Club Med acts only as sales agent for Club Med, Inc., and its parent, subsidiaries and affiliates.  Club Med does not own, manage, control or operate any transportation vehicle, any hotel, village or restaurant, or any other supplier of services, and disclaims for itself and its agents and representatives, all responsibility or liability of any nature whatsoever for any injury, illness, damage, loss, accident, expense or delay to property or person due to any cause whatsoever occurring during, arising out of, or relating to stays at Club Med Villages.

No claims arising out of or relating to stays at Club Med Villages shall be accepted later than 60 days after the day of departure from the village. In the event any person not a party to this Agreement shall make any claim or file any lawsuit against Club Med, or its parent, subsidiaries, affiliates, agents or representatives for any injury, illness, damages, loss, accident, expense or delay to property or person due to any cause whatsoever arising out of the trips provided under this Agreement, such claim or lawsuit not being covered by the insurance coverage offered by Club Med to each travel participant, tarvel participant agrees to indemnify, defend and hold harmless Club Med, or its parent, subsidiaries, affiliates, agents and representatives from any and all claims and litigation including the payment of all damages, expenses, costs and attorneys' fees.  This Agreement is for the benefit of Club Med, Inc. and Client only, and does not inure to the benefit of any third party, including travel participants. In no event shall Club Med be liable for consequential damages.

 06/20/08

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