Terms and Conditions

 

Reservations and Payment Information:

Redemption, Expiration, Lost or Stolen PROGRAMS:

Cancellations, Refunds and Changes:

Airfare

Tickets to Events (where applicable)

UNFORESEEN EVENTS AFFECTING PERFORMANCE:

Esoteric’s performance and obligations shall be conditioned upon the non-occurrence of any event or any action or inaction by any third party which is beyond the actual control of Esoteric and which impacts Esoteric’s ability to fully perform (for ex., any delay or cancellation caused by strike, weather, fire, re-routing or re-scheduling, bankruptcy, war, natural disaster, accident, or third party inability or refusal to perform).  In the event of such an occurrence, Esoteric will, at its sole option, either: (1) procure reasonably similar services as a substitute for the affected service;or (2) apply all sums actually returned to it from any of the third party service providers utilized under this Agreement as a "credit" against the principal contract sum due from Purchaser under any subsequent and separate written agreement between the parties.

LIABILITY AND INDEMNIFICATION:

In the performance of its obligations, Esoteric Sports will act only in the capacity of an independent intermediary procurement contractor and shall not be liable for any claims, demands, losses, damages or injuries incurred by either Purchaser (its employees, agents, representatives or assigns) or by any other person or entity which results from any intentional conduct, omission, negligence, or other action/inaction by any third party supplier of any of the services provided hereby. Esoteric Sports has not made any representations to Purchaser regarding any of the various risks associated with the services being provided hereunder and Purchaser, its employees, agents, representatives and assigns voluntarily assume all such risks. Purchaser agrees to indemnify and hold Esoteric Sports harmless from any and all costs (including attorneys fees), claims or demands asserted by Purchaser, its employees, agents, representatives and assigns and by any third parties asserted against Esoteric arising from any of the services provided hereunder.

NO WARRANTIES:

ESOTERIC SPORTS MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY OF THE GOODS OR SERVICES TO BE PROVIDED PURSUANT TO THIS AGREEMENT, ALL SUCH GOODS AND SERVICES BEING SOLD AS IS. ESOTERIC LIKEWISE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE EXPERIENCE OR OUTCOME OF ANY OF THE SERVICES PROVIDED HEREUNDER. PURCHASER ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH SUCH SERVICES.

NON-ASSIGNMENT, THIRD PARTY RIGHTS, ENTIRE AGREEMENT AND MODIFICATION:

Following Purchaser’s delivery to Esoteric Sports of the recipient information designated above, Purchaser shall not assign the services, or any portion thereof, to any person or entity not so disclosed to Esoteric Sports. Should Esoteric Sports become aware of any attempted or unauthorized assignment, then, in addition to any other remedies provided herein, Esoteric Sports may, at its sole discretion, cancel, reassign, or require an immediate cash payment of additional fees and charges, as determined by Esoteric Sports, for any or all of the services related to the attempted or unauthorized assignment. Whether or not disclosed by Purchaser to Esoteric Sports, there are no third-party beneficiaries to this Agreement and no person or entity other than Esoteric Sports and Purchaser shall have any rights accruing hereunder.
No representations, understanding, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. This Agreement cannot be modified or altered except by a written agreement, duly signed by both parties.

DEFAULT:

Should Purchaser fail to fully and timely comply with any of its obligations hereunder, Esoteric Sports may declare Purchaser in default and undertake any or all of the following actions: (a) cease all further performance of Esoteric Sports' obligations; (b) demand and enforce Purchaser’s payment obligations for all amounts then due from Purchaser; (c) sell, transfer or allocate all or any portion of the services to a third party upon terms and conditions as determined in the sole discretion of Esoteric Sports. No failure by Esoteric Sports to exercise any of its rights or to insist upon strict compliance by Purchaser with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Esoteric Sports’ right to demand and enforce exact compliance with the terms of this Agreement.

GOVERNING LAW AND DISPUTE RESOLUTION:

This Agreement shall be construed in accordance with and governed by the laws of the State of Georgia. All claims or disputes between the parties in any way relating to this Agreement shall be decided by mandatory binding arbitration conducted in Gwinnett County, Georgia. In the event that the parties cannot agree upon an arbitrator, then such determination shall be made in accordance with the then-existing rules and appointment powers of the Superior Court of Gwinnett County. Each party waives any and all jurisdictional or venue defenses otherwise applicable to the assertion of any claim brought by the other party within such jurisdiction.

AUTHORIZATION AND BINDING EFFECT:

The undersigned signatories warrant and represent that they have full authority to bind the designated party to the terms hereof and that they are an authorized agent of such party. If the Purchaser is an intermediary for the intended end-user of the services provided by Esoteric hereunder, then Purchaser warrants and represents that a copy of this Agreement has been both delivered to and approved by such end-user. This Agreement shall be binding upon the successors and assigns of the parties.