Last Updated: May 3, 2023
This Participation Agreement (“Participation Agreement”) governs your participation in any NurseCon at Sea Events. These terms are a binding legal agreement between you, a holder of a Reservation for an Event (“you,” “your”) and NurseCon At Sea LLC (“NurseCon at Sea,” “we,” “us,” “our”). Please read these terms carefully, as they include a release of liability, a media release, and a mandatory arbitration and class action waiver provision. If you do not agree to these terms, you may not participate in any NurseCon at Sea Events.
- Event means any of the events organized and executed by NurseCon at Sea, including those listed on www.nurseconatsea.com.
- Reservation means your reservation or ticket to participate in an Event, as purchased from or provided by NurseCon at Sea, and not from any third party.
- Cruise Line means the specific cruise line partner that operates the cruise line carrier that operates the vessel (the “Vessel”) on which the Event takes place, including Norwegian Cruise Line and Royal Caribbean Cruises.
- Cruise Line Terms means any and all terms, conditions, and policies between you and Cruise Line related to your participation in the Event and your travel on the Vessel. Cruise Line Terms include your ticket contract with Cruise Line and Cruise Line policies and codes of conduct.
- Eligibility; Applicability
By agreeing to this Participation Agreement, you represent to us that you are over the age of 18 (or the age of majority in your jurisdiction, whichever is older) and that you are fully able and competent to enter into this Participation Agreement.
This Participation Agreement applies to all participants in any NurseCon at Sea Event, including paid attendees, complimentary guests, and Event staff. If you made a Reservation on behalf of another person, (a) all references to “you” throughout this Participation Agreement will include that person, (b) you represent that you are authorized to accept this Participation Agreement on that person’s behalf, and (c) in the event you or the person whose name is on the Reservation violate this Participation Agreement, such person agrees to be responsible to us.
- Seller of Travel Disclosure
NurseCon at Sea LLC is registered with the State of Florida as a Seller of Travel, Registration No.ST43371. CLIA #00038970.
- Changes to Terms
We may update or otherwise modify this Participation Agreement from time to time. If we make material changes, we will notify you using the contact information you provided to us for your Reservation. If you do not agree to the updated Participation Agreement, you must notify us within five (5) days of us providing notice or else we will deem you to have accepted the updated Participation Agreement. It is your responsibility to keep your contact information up to date; please notify us of any changes to your contact information by updating your information within RezMagic (or any other booking tool we provide to you) or by contacting our customer support team directly.
Please note that Cruise Line Terms, CDC guidelines, and other health, safety, and travel rules and advisories may change prior to the Event. These terms and any changes are not within our control, and it is your responsibility to remain aware of and comply with them.
- NurseCon Events
Our Events typically involve NurseCon at Sea purchasing many or all of the guest accommodations on a Vessel, which provides a different experience than standard cruise line sailing. NurseCon at Sea provides travel, billing, and certain educational or entertainment programming services as described on the Event website, in Event related material we provide directly to you, or as specifically disclosed via branding or signage during the Event. NurseCon at Sea, and not Cruise Line, is solely responsible for these components, and Cruise Line shall have no responsibility for them.
- Documentation. You are responsible for reviewing and complying with any travel advisories, restrictions, or document requirements related to travel to the United States, and for travel to the specific location(s) of the Event (including the departure port and all destination ports). If you are denied boarding on the Vessel or otherwise prohibited from participating in the Event by us, the Cruise Line, or authorities due to a lack of proper travel documentation, your Reservation will be canceled without a refund.
- Insurance. It is your responsibility to obtain appropriate insurance coverage in connection with your Reservation and participation in any Event, if you so choose. Travel insurance can be a cost-effective way to mitigate costs incurred by you if your plans or ability to participate change.
- Cruise Line
- Cruise Line Services. Cruise Line has full and exclusive control over the Vessel and is solely responsible for providing you with services on board the vessel including baggage, rooms, facilities and amenities, catering services, sailing itineraries, and navigation. Cruise Line, and not NurseCon at Sea, will be solely responsible for any and all liability, loss or damage arising from the services it provides to you during your participation in the Event, and you acknowledge and agree that NurseCon at Sea has no control over such services.
- Cruise Line Terms. With the exception of its cancellation and refund policies, the Cruise Line Terms govern your boarding/embarkation upon the Vessel, your stay on the Vessel, your participation in the Event, your passage through any port, and your departure/disembarkation from the Vessel. With the exception of its cancellation and refund policies, if any Cruise Line Terms conflict with this Participation Agreement, the Cruise Line Terms will prevail. It is your responsibility to review and comply with all Cruise Line Terms as they may be updated from time to time.
- Itinerary Changes by Cruise Line. Cruise Line reserves the right to change, delay or cancel all or a portion of an Event itinerary due to adverse weather, health and safety concerns, port closings, or mechanical issues. We will work with Cruise Line to the best of our ability to preserve the original Event itinerary and to timely communicate any changes to you.
- Supplemental Charges. Cruise Line reserves the right to impose upon you a supplemental charge related to unanticipated occurrences, including increases in the price of fuel. These charges, if applicable, are not included in the cost of your Reservation, and will be billed directly to you by us.
- Disputes. For the avoidance of doubt, the Cruise Line Terms, and not this Participation Agreement, shall govern any dispute between you and Cruise Line.
- Your Reservation
- Incidentals. The cost of your Reservation does not include any incidental items related to your participation in the Event, including travel to and from the Event; food, beverages, or other items, fees, or taxes not specifically disclosed to you by us or by Cruise Line.
- Transfers. Event Reservations are issued to and only for use by the individual named on such Reservation. Reservations are non transferable without our express written permission; all transfer requests must be made at least 45 days prior to the Event start date. If we approve a transfer, we will charge a $250 fee for the transfer of a primary guest’s Reservation and a $150 fee to transfer the Reservation(s) of any additional guest(s).
- No Refunds. Event Reservations are strictly nonrefundable. If you cancel your Reservation or choose not to participate in the Event for any reason, you will not be entitled to any refunds, credits or value of any kind from NurseCon at Sea, and we will reserve the right to resell your Reservation and reassign any associated rooms or add-ons to a new participant without any compensation to you. Please review our Refund Policy for further information.
- Cancelation or Postponement. NurseCon At Sea and/or Cruise Line reserves the right to cancel or postpone the Event and/or any individual Reservation(s) at any time for any reason. NurseCon At Sea will NOT issue refunds for Events and/or Reservations that are canceled or postponed by us or by Cruise Line. If you are subject to a canceled or postponed Event and/or Reservation, we will issue you a credit [equal to the amount you paid for your Reservation] which you may apply to future NurseCon at Sea purchases or Events. These credits will expire three (3) years from the date of issue.
- Payment Terms
Please review our Payment Terms for further information regarding booking and paying for Reservations and any payment plans we may offer to assist you with the cost of your Reservation.
- Educational Programming
We may choose to provide educational programming during Events that may be eligible for continuing nursing education (CNE) credits. This programming will be described on the Event website and is included in the cost of your Reservation; we reserve the right to modify or discontinue this programming at any time, for any reason. Changes to educational programming will be posted on the Event website. You are responsible for completing any necessary actions to ensure you receive CNE credit(s) for any educational programming we provide.
- Health & Safety
- Pregnant Participants. If you are pregnant, and as of the last day of the Event, your estimated fetal gestational age is 24 weeks or more, you may not participate in the Event. This policy is intended to protect the health and safety of pregnant passengers, and it applies in addition to any Cruise Line Terms regarding pregnant passengers.
- Health and Fitness to Travel. You represent and warrant that you are fit to travel by sea, and that your conduct or condition will not impair the health or safety of the Vessel or any other participant in the Event or passenger on the Vessel. If you have a condition that may impact your fitness to travel, we strongly recommend that you consult with your physician before participating in any Event. Cruise Line may, in its sole discretion, prohibit or limit your participation in the Event or presence aboard the Vessel if it determines you are unfit to travel. It is your responsibility to review and comply with any additional health and fitness-to-travel policies contained in the Cruise Line Terms.
- Special Needs. If you have mobility, communication or other impairments, or other special, dietary, or medical needs that may require medical care or special accommodations during the Event, including but not limited to the use of any service animal, you must notify Cruise Line of these needs or conditions at the time of making your Reservation.
- Safety Procedures. You are required to participate in any safety drills or procedures related to your travel aboard the Vessel. If you do not participate, you may be removed from the Event and discharged from the Vessel, without refund.
- COVID-19. It is your responsibility to review and comply with any Cruise Line Terms related to COVID-19.
- Assumption of Risk & Release
- Voluntary Participation & Assumption of Risk. You acknowledge and agree that your participation in any Event is voluntary. You further acknowledge and agree that there are hazards and risks incidental to your participation in an Event (and any optional on-board activities in which you choose to engage) and that you solely and voluntarily assume these risks, regardless of severity and regardless of whether or not caused by our negligence, including the risks of loss, property damage, communicable disease, bodily injury, and/or death.
- Release. In consideration for your participation in the Event, you hereby release and forever discharges NurseCon at Sea and our affiliates, and each of our respective agents, employees, officers, directors, contractors, sponsors, and any third parties acting on our behalf (collectively, the “Released Parties”) from any and all claims, actions, damages, liabilities, costs or expenses (including attorney fees) which are related to, arise from or out of, or are in any way connected to your participation in the Event, whether or not such claims, actions, damages, liabilities, costs or expenses are caused by the negligence of the Released Parties or by the infringement or violation of any right. This release shall be effective and binding upon your heirs, agents, personal representatives and assigns.
- Media Release
- Recording at Events. The Vessel and ports are thoroughly monitored by cameras which are recording at all times. In addition, our staff or contractors will be taking still photographs and video during the Event. If you are not comfortable with being recorded during the Event, do not make a Reservation for or participate in the Event.
- Media Release. In consideration for your participation in the Event, you hereby grant to us and to our affiliates, assignees, and licensees, the exclusive right throughout the universe and in perpetuity to use and include photographic, video, audio and other visual or audio portrayals of you taken during or in connection with any Event (including your name, image, likeness and voice) in any medium of any nature whatsoever (including the right to edit, combine with other materials or create any type of derivative thereof) for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to the you. This grant includes the unrestricted right to copy, revise, distribute, display and sell photographs, images, films, tapes, drawings or recordings in any type of media (including but not limited to the Internet). You hereby agree that all rights, title and interest in such materials (including all worldwide copyrights therein) shall be our sole property, free from any claims by you or any third party.
- Permission to Use Media from Events. You hereby agree that any recording (whether audio or video or otherwise) or photograph taken of the Event or of you, other guests, Blake Lynch, crew or third parties in connection with the Event or depicting NurseCon at Sea, NurseCon, or Nurse Blake branding shall not be used for any commercial purpose, in any media broadcast or for any other nonprivate use, without our express prior written consent, which we may grant or withhold in our sole discretion. We reserve the right to take any reasonable measure to enforce this provision.
- Additional Terms & Policies
- Your Compliance. You represent and warrant to us that you will at all times comply with this Participation Agreement; the Additional Terms; all applicable laws, rules, and regulations; and the Cruise Line Terms.
- Your Conduct
You agree to abide by our Code of Conduct at all times during your participation in and in connection with the Event.
- Disclaimer & Limitation of Liability
NURSECON AT SEA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS, DELAY, INCONVENIENCE, OR OTHER MATTERS DUE TO NEGLIGENCE, WRONGFUL ACTS, ERRORS, OR OMISSIONS ON THE PARTY OF ANY THIRD PARTY, OR ANY SUPPLIER OF GOODS OR OF AGENTS SELECTED BY YOU.
NURSECON AT SEA SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE WITH RESPECT TO THE EVENT AND THE SERVICES SPECIFICALLY PROVIDED BY NURSECON AT SEA, AND ANY REPRESENTATIONS THAT THE EVENT OR THE SECURITY MEASURES FOR THE EVENT WILL BE FREE FROM DEFECTS, OPERATE OR BE FULFILLED WITHOUT ISSUE OR DELAYS, OR THAT THERE WILL BE NO CIRCUMVENTION OF THE EVENT OR ITS SECURITY MEASURES.
NURSECON AT SEA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, OR LOSS OF OTHER INTANGIBLES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL NURSECON AT SEA BE LIABLE FOR ANY CLAIM, LOSS, COST, EXPENSE, OR DAMAGE WHATSOEVER TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IN AN AMOUNT EXCEEDING THE SUM OF THE FEES ACTUALLY PAID TO PARTICIPATE IN THE EVENT.
You agree that you will be liable for and indemnify us against any civil liability, fines, penalties, costs, or expenses incurred by or imposed on us arising from or related to your conduct during or in connection with the Event or your failure to comply with this Participation Agreement, including any personal injury, death, or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission by you.
- Arbitration Agreement & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY: IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NURSECON AT SEA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Agreement to Arbitrate. Unless you opt out of the arbitration agreement contained in this Section 18 (the “Arbitration Agreement”), you and Nursecon at Sea each agree that, except for any Excluded Claims (as defined below), any dispute, claim or controversy between you and any person traveling under your Reservation, on the one hand, and NurseCon at Sea, on the other hand, arising out of or relating to the Event or this Participation Agreement (collectively, “Arbitrable Claims”) will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property by the other party, and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
- Pre-Arbitration Dispute Resolution. Before you pursue arbitration, we request that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at [email protected], by phone at 1-850-318-8830, or by mail to Nursecon at Sea LLC, 4027 West 1st Street, Sanford, FL 32771, Attn: Legal.
- Notice of Claim. The party seeking arbitration must give written notice to the other. The written notice shall identify and describe the nature of the claims asserted and detailed facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested.
- Arbitration Procedures. Arbitrable Claims shall be settled by confidential arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be filed with AAA and heard in [XXX] County, Florida, by a single arbitrator who is experienced in the travel services industry in Florida. All rights, causes of action, remedies and defenses available under applicable law are available to the parties, and shall be applicable as through a court of law, including the right to file a motion for summary judgment. The arbitrator shall apply the applicable statute of limitations to any claim. Any party may be represented at the arbitration by an attorney or other representative selected by the party, at his/her or its costs. The arbitrator’s remedial authority shall be no greater than that which is available under the statutory or common law theory asserted, and the arbitrator shall not have the power to add to, subtract or modify the terms of this Arbitration Agreement except where necessary for the enforcement of this Arbitration Agreement. The arbitrator lacks the power to commit errors of law or legal reasoning or to make factual findings unsupported by the evidence, and the award may be vacated or corrected by a court for exceeding arbitral powers. The court may enter judgment upon a final arbitration award either by (i) confirming the award or (ii) vacating, modifying or correcting the award on any ground referenced in the Federal Arbitration Act or similar law. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award within thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are filed, whichever is later. In the arbitration award, the arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the non-prevailing party.
- Class Action Waiver. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, YOU AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 18(f) BELOW, YOU MAY ONLY BRING ARBITRABLE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW). UNLESS EACH PARTY AGREES OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. IN ADDITION, THE ARBITRATOR MAY ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Opting Out. You may opt out of this Arbitration Agreement by sending us an opt-out notice (“Opt-Out Notice”) by mail, return receipt requested, to Nursecon at Sea LLC, 4027 West 1st Street, Sanford, FL 32771, Attn: Legal. In order to be effective, your Opt-Out Notice must be postmarked within 30 days from the date you first agree to these Participation Agreement, and it must include the following elements: a statement of your decision to opt out of this Arbitration Agreement; your first and last name (that matches the name on your Reservation); your mailing address; your telephone number; the email address you provided to us in connection with your Reservation; and your signature. If you opt out of this Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of this Participation Agreement will continue to apply.
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 NURSECON AT SEA 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 NURSECON AT SEA 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.
- Waiver of Unknown Claims
It is the intention of the parties that the releases contained herein shall be effective as a bar to each and every released claim herein specified, known or unknown, fixed or contingent, suspected or unsuspected; and each party hereby knowingly and voluntarily waives any and all rights and benefits otherwise conferred by the provisions of Section 1542 of the California Civil Code, or any similar provision enacted in California or elsewhere. Section 1542 reads in full as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Each party acknowledges and agrees that this waiver is an essential and material term of this Participation Agreement and the releases contained herein, and that without such waiver this Participation Agreement would not have been entered into. Each party has been advised by his respective legal counsel with respect to this waiver and understands and acknowledges the significance and consequence of this general release and of this express waiver of Section 1542 and other similar statutes or rules of law.
- Force Majeure
By making your reservation and agreeing to utilize the services of NurseCon at Sea and the Cruise Line, you agree that neither NurseCon at Sea nor the Cruise Line, 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, illness, viral, bacterial or illness outbreaks and pandemics, travel-related issues, loss of employment and/or duplicate purchaser or other circumstances.
- Governing Law & Jurisdiction
These Terms shall be construed in accordance with the laws of the state of Florida, without reference to its conflict of law provisions, and the obligations, rights, and remedies of the Parties hereunder shall be determined in accordance with such laws. The Parties agree to the exclusive jurisdiction of the state and federal courts located in Orlando, Florida.
- Contacting Us
If you would like to contact us regarding your Reservation or this Participation Agreement, you can use the “Contact Us” form on our website, send us an email at [email protected], or call us at 1-850-318-8830 during our business hours of Monday through Friday from 9:00am to 5:00pm ET, excluding major holidays.
- General Provisions
If any provision of this Participation Agreement is determined to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Participation Agreement shall otherwise remain in full force and effect and enforceable. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to exercise or enforce any right or provision of this Participation Agreement will not operate as a waiver of such right or provision. The section titles in this Participation Agreement are for convenience only and have no legal or contractual effect. The respective indemnities, representation and warranties, and our rights under this Participation Agreement will survive any termination of this Participation Agreement. To the maximum extent possible under applicable local law, this Participation Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.