The Terms of Purchase are between you, the purchaser and the purchaser’s guests (together “you” or “the Participant”) and It’s T.I.M.E. Todd. Impromptu. Moveable. Experience. LLC. (It’s T.I.M.E.). In consideration of the consent of It’s T.I.M.E. to provide you with services, you voluntarily agree to the following terms and conditions of purchase. If you do not agree to these terms, please do not purchase a ticket.
Eligibility
It’s T.I.M.E. is intended for individuals open to trying unique ingredients and having a memorable adventure. Due to the length of the event, the family-style service, and out of respect for all of our guests, should be 21 years of age to participate. Please contact us if considering bringing under 21 years of age participants. Additionally, participants may not bring animals of any sort.
Weather
All events proceed rain or shine. In the event of rain, It’s T.I.M.E. will arrange for shelter for the table. It’s T.I.M.E. recommends dressing appropriately. Absent an evacuation situation, under no circumstances will a Participant be entitled to a refund or additional financial accommodations due to poor weather conditions.
Force Majeure
Any delay in whole or in part in the event caused by the occurrence of any fire, flood, earthquake, elements of nature or acts of God, pandemic or widespread illness, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of It’s T.I.M.E. shall be excused and not considered a breach of this Agreement, nor shall it entitle the Participant a refund on the purchase amount.
Refunds and Cancellation
Due to the nature of the events, no refunds or credits will be given if the Participant is unable to attend. However, tickets can be transferred to someone else. Please contact us [email protected] with the new guest’s information at least 24 hours prior to the event, or tell the guests using your reservation to give your name at arrival. Our Facebook page is a good place to post tickets if you cannot attend an event; people often go there looking to buy or sell last minute seats. Transferring funds for your tickets is your responsibility.
In the case of an event being postponed due to circumstances out of It’s T.I.M.E.’s control, It’s T.I.M.E. will reschedule said event and all purchases will be honored for the rescheduled future event date. No monetary refunds will be issued. If a guest is unable to attend the rescheduled event, It’s T.I.M.E. will issue a credit for the original purchase amount, for the guest to use toward another It’s T.I.M.E. event of their choice.
Dietary Accommodations
Due to the family style nature of our meals and in order to uphold the highest quality standards, we will do our best to accommodate any dietary restrictions, allergies or requests, if given notice at time of event purchase.
Attire
No refunds or accommodations will be provided as a result of improper attire worn by the Participant. Events take place on all sorts of natural terrain, in fields, river/creeks or mountain sides, so please wear proper attire and appropriate shoes. Please dress accordingly and remember to wear appropriate shoes. A jacket and/or blanket is recommended as it often gets cool in the evening. Special attire, like swimwear or hiking shoes, will be announced at time of purchase.
Personal Items
We are not liable for lost or stolen property of Participants. If the Participant misplaces an item, It’s T.I.M.E. will do our best to get it back to the Participant.
Limited License
It’s T.I.M.E. reserves the right to refuse admission to or eject any Participant whose conduct is deemed to be disorderly, or any Participant who fails to comply with the terms and conditions herein.
Media License
The Participant consents to It’s T.I.M.E.’s commercial, journalistic and internal use of any media image, audio or visual, taken by, on behalf of, or for the use of It’s T.I.M.E. during your participation in the event.
Assumption of Risk
By purchasing an event ticket, the Participant chooses to voluntarily participate with the full knowledge that the activity may be hazardous to your person or property, as well as the person and property of others. By participating in the event, the Participant represents and warrants that s/he knows of no medical or physical reason why s/he should not participate in the activities.
Release and Waiver
YOU ASSUME ALL RISK AND DANGER INCIDENTAL TO THE EVENT WHETHER OCCURRING PRIOR TO, DURING, OR AFTER SAID EVENT. EACH PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES AND RELINQUISHES IT’S T.I.M.E.’S OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS, INJURIES (INCLUDING DEATH), ILLNESS, PROPERTY LOSS OR DAMAGES INCLUDING LEGAL FEES, COSTS, MEDICAL EXPENSES AND EXPENSES OF ANY KIND OR NATURE WHICH ARISE FROM OR RELATE TO PARTICIPANT’S TIME AND ACTIVITIES AT THE EVENT AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASEES.
Limitation of Liability
IT’S T.I.M.E. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless It’s T.I.M.E. from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees arising from any loss, injury or other damage resulting from your negligence or act resulting in harm to another patron attending the event.
Jurisdiction
You agree to submit to the exclusive jurisdiction of any state or federal court located in the counties of North Carolina, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Arbitration
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved through negotiation all claims and disputes are to be settled by binding arbitration in the State of North Carolina or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.
Eligibility
It’s T.I.M.E. is intended for individuals open to trying unique ingredients and having a memorable adventure. Due to the length of the event, the family-style service, and out of respect for all of our guests, should be 21 years of age to participate. Please contact us if considering bringing under 21 years of age participants. Additionally, participants may not bring animals of any sort.
Weather
All events proceed rain or shine. In the event of rain, It’s T.I.M.E. will arrange for shelter for the table. It’s T.I.M.E. recommends dressing appropriately. Absent an evacuation situation, under no circumstances will a Participant be entitled to a refund or additional financial accommodations due to poor weather conditions.
Force Majeure
Any delay in whole or in part in the event caused by the occurrence of any fire, flood, earthquake, elements of nature or acts of God, pandemic or widespread illness, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of It’s T.I.M.E. shall be excused and not considered a breach of this Agreement, nor shall it entitle the Participant a refund on the purchase amount.
Refunds and Cancellation
Due to the nature of the events, no refunds or credits will be given if the Participant is unable to attend. However, tickets can be transferred to someone else. Please contact us [email protected] with the new guest’s information at least 24 hours prior to the event, or tell the guests using your reservation to give your name at arrival. Our Facebook page is a good place to post tickets if you cannot attend an event; people often go there looking to buy or sell last minute seats. Transferring funds for your tickets is your responsibility.
In the case of an event being postponed due to circumstances out of It’s T.I.M.E.’s control, It’s T.I.M.E. will reschedule said event and all purchases will be honored for the rescheduled future event date. No monetary refunds will be issued. If a guest is unable to attend the rescheduled event, It’s T.I.M.E. will issue a credit for the original purchase amount, for the guest to use toward another It’s T.I.M.E. event of their choice.
Dietary Accommodations
Due to the family style nature of our meals and in order to uphold the highest quality standards, we will do our best to accommodate any dietary restrictions, allergies or requests, if given notice at time of event purchase.
Attire
No refunds or accommodations will be provided as a result of improper attire worn by the Participant. Events take place on all sorts of natural terrain, in fields, river/creeks or mountain sides, so please wear proper attire and appropriate shoes. Please dress accordingly and remember to wear appropriate shoes. A jacket and/or blanket is recommended as it often gets cool in the evening. Special attire, like swimwear or hiking shoes, will be announced at time of purchase.
Personal Items
We are not liable for lost or stolen property of Participants. If the Participant misplaces an item, It’s T.I.M.E. will do our best to get it back to the Participant.
Limited License
It’s T.I.M.E. reserves the right to refuse admission to or eject any Participant whose conduct is deemed to be disorderly, or any Participant who fails to comply with the terms and conditions herein.
Media License
The Participant consents to It’s T.I.M.E.’s commercial, journalistic and internal use of any media image, audio or visual, taken by, on behalf of, or for the use of It’s T.I.M.E. during your participation in the event.
Assumption of Risk
By purchasing an event ticket, the Participant chooses to voluntarily participate with the full knowledge that the activity may be hazardous to your person or property, as well as the person and property of others. By participating in the event, the Participant represents and warrants that s/he knows of no medical or physical reason why s/he should not participate in the activities.
Release and Waiver
YOU ASSUME ALL RISK AND DANGER INCIDENTAL TO THE EVENT WHETHER OCCURRING PRIOR TO, DURING, OR AFTER SAID EVENT. EACH PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES AND RELINQUISHES IT’S T.I.M.E.’S OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS, INJURIES (INCLUDING DEATH), ILLNESS, PROPERTY LOSS OR DAMAGES INCLUDING LEGAL FEES, COSTS, MEDICAL EXPENSES AND EXPENSES OF ANY KIND OR NATURE WHICH ARISE FROM OR RELATE TO PARTICIPANT’S TIME AND ACTIVITIES AT THE EVENT AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASEES.
Limitation of Liability
IT’S T.I.M.E. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless It’s T.I.M.E. from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees arising from any loss, injury or other damage resulting from your negligence or act resulting in harm to another patron attending the event.
Jurisdiction
You agree to submit to the exclusive jurisdiction of any state or federal court located in the counties of North Carolina, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Arbitration
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved through negotiation all claims and disputes are to be settled by binding arbitration in the State of North Carolina or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.