This Agreement sets forth the terms of purchase from Everglades Safari Inc.
By placing your Order with Everglades Safari Inc. (the“Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. Any Purchaser purchasing on behalf of a group will be deemed to have the authority to accept these terms on behalf of all members covered by the purchase. You also warrant that you have not previously been suspended from the Everglades SafariPark, and that you are not a direct competitor of Everglades Safari Park. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately.
BY CONTINUING WITH A PURCHASE, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THE APPLICABLE ASSUMPTION OF RISK, LIMITATION OF LIABILITY, INCLUDING WAIVER &RELEASE, AND FULLY UNDERSTAND ITS TERMS, AND THAT IT AFFECTS YOUR LEGAL RIGHTS.YOU AGREE THAT THESE TERMS WILL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
In these terms and conditions, “We/us/our/Everglades Safari Park” means Everglades Safari,Inc. “You/your” means you as a user of the Website and/or Customer of theServices.
Everglades Safari Park has been in business for over 50years, helping to showcase south Florida and its attractions to guests from allover the world. Over the years we have grown into one of the largest and most complete attractions in the heart of the Florida Everglades National Park.
We offer a variety of ways to observe the Everglades at ourPark, including via:
Ticket Purchases. You may purchase tickets online or at the Everglades Safari Park in-person (subject to availability), which purchase shall also be subject to the terms specified on the Sales or online Order form.
3 Options to Redeem Tickets. You may present
No refunds available for Failure to present Ticket. If you fail to present your ticket(s) information, you will be refused service and/or admission to the activity you have purchased. The Company will not refund, credit, or otherwise compensate you for failure to present your ticket information on the day of your visit.
Please also bring a valid Photo ID with you to the Park.
Tours. All Tours are in English only and include the Airboat Ride, Alligator Show, Nature Trails& Park Exhibits.
Payment Methods. We accept Cash, Visa, Mastercard, and American Express, Discover.
Payment Terms. When paying by credit card, your card is charged the total amount as soon as you submit your information. If confirmation is not received instantly, an authorization is held against your card until your confirmation arrives. You can change or cancel your Private tour booking request within 24 hours. Additional charges may apply. (For example, Everglades National Park Service charges separately for entrance to the Park). There may be additional options in thePark available for purchase, including, for example, the optional experience to hold a baby alligator.
Park Hours. We are open 365 days of the year (weather permitting, and subject to change on certain holidays); our daily hours are 9 am to 5 pm EST.
Reservations.Reservations are only required for private tours. Please contact us for more information.
Refund Policy. You can change or cancel your Private tour booking request within 24 hours. Additional charges may apply. Standard tickets are non-refundable, but may be used within30 days from the date of purchase.
For additional information including regarding tour times and frequency, park conditions& location, tour conditions and safety information, please review our FAQs, which are hereby incorporated by reference.
You Assume All Risk. There are certain risks inherent in participating in services like those that we provide here at the Everglades Safari Park. These include, for example, being exposed to loud noises related to our tour boats and park maintenance equipment; being exposed to weather, including rain, wind, thunder and lightning; being exposed to wildlife, insects, and vegetation in the Park, including but not limited to alligators, snakes (some venomous), and lizards, wasps, mosquitos and other biting or stinging insects, and a variety of vegetation and natural surroundings which may include poisonous plants; being exposed to natural and manmade conditions which include potential tripping hazards that may exist on the wooden or other Park trails, or that are otherwise inherent in activities in the park (like stepping from the dock or landing into the airboats), water hazards. While we take great care in our efforts to maintain the Park and to support you in having a successful experience at the Park, You accept all risks, losses, damages or injuries that may occur related to your voluntary participation in these activities and our services. For more information, please review our detailed Disclaimer, Limitation of Liability, andIndemnification provisions which follow immediately below.
Disclaimer/ Assumption of Risk. USE OF THE WEBSITE OR THE SERVICES COVERED BY THIS AGREEMENT IS AT YOUR OWN RISK. You fully understand and acknowledge that risks and dangers exist in your participation of the Company’sServices and in general, related to tours, activities and services like those that we provide, and that are partially situated in natural settings; that outdoor tours and activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries; that the specific risks vary from one activity to another, but the risks range from minor injuries such as bites, stings, scratches, bruises and sprains, to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions, and catastrophic injuries including paralysis and death; that your participation in such activities and/ or use of the services, including our facilities or equipment may result in your injury, illness, ailment, disability or death; and that risks and dangers may arise from foreseeable and unforeseeable causes.
You understand and appreciate that the activities and services offered by the Company carry certain inherent risks, and You hereby assert that your participation is voluntary and that You knowingly assume all such risks and responsibility for any losses and/or damages, including personal injury, whether caused in whole or in part by the negligence or conduct of agents, employees, instructors, or representatives of the Company. If You are injured, You agree to assume any financial obligation related to such injury, either through your personal health insurance or other means, including for any medical costs which You incur. You acknowledge that we expressly disclaim all liability, known or unknown, for risks related to your visit to the Park, including any risks that may be related to the errors or negligence of our employees, instructors or agents during your visit.
Waiver of Liability. In consideration of permission to use, today and on all future dates, the services and any facilities or locations within which the services are offered, You, for Yourself, Your heirs, personal representatives or assigns, do hereby voluntarily agree to release, waive, discharge, and agree not to sue the Company and its affiliates, subsidiaries, successors or assigns, and owners, representatives, agents, directors, employees or volunteers (hereinafter “the Releasees”) from any and all liability for any harm, claims, demands, causes of action, or losses, present or future, whether known or unknown, that may arise as a result of any loss, theft or damage, injury, including and without limitation, personal, bodily or mental injury or death, economic loss or damage to You, Your spouse, Your children or guests resulting from the negligence or conduct of the Company or anyone else in attendance at the Company’s services or facilities.
Indemnification. You agree to defend, indemnify and hold harmless the Releasees, from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, that result from your participation in or involvement with any services or activities associated with the Company, and to reimburse Releasees for any incurred expenses.
Modification. TheCompany may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s website. You should review this Agreement regularly during the use of the Program or Services to keep apprised of any changes.
Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
Third PartyBeneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. ThisAgreement and any action related thereto shall be governed by the laws of theState of Florida without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Miami-Dade County, Florida.
Dispute Resolution& Binding Arbitration. In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”),either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Miami, Florida, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with are quest to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Miami-Dade County, Florida may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Miami,Florida. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Construction. You agree that this Agreement, including the above Disclaimers, Waiver of Liability and Indemnification, This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Damage Waiver. Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in ourServices, including due to the actions, statements or behavior of any other guests, park attendees or participants of the Services. This provision applies even if we have been advised of the possibility of such damages.Notwithstanding anything to the contrary contained in this Agreement, theCompany’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services.
Waiver.The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Services.
Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at info [at] evergladessafaripark [dot] com.
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