By using the services of Texas Dance Hall Tour you agree to these terms and conditions. Please read them carefully.
- General: Thank you for choosing the Texas Dance Hall Tour and Bismeaux Productions (BP). Upon full payment of the Tour price by the “Tour Participant” also referred to as “You, Your or Participant” as named in the Sales Receipt/Reservation Agreement, Bismeaux Productions agrees to provide the services specified in the accompanying advertisement and/or website subject to these Texas Dance Hall Tour Terms and Conditions (“Agreement”). This Agreement shall be effective when your Tour reservation is properly completed, all documents required are signed, and payments therein specified are received and accepted by Bismeaux Productions. If Bismeaux Productions does not receive your completed Tour reservation, BP cannot and will not include you on the Tour. Neither you, your representatives, nor your travel agent may modify, add, or delete any terms of this Agreement. Any individual who takes part in any of the activities or events of the Texas Dance Hall Tour have agreed, by their participation to the Terms and Conditions set forth herein regardless of whether they signed these Terms and Conditions. Further, the signature of one spouse on behalf of another or signing a spouse’s name constitutes the acceptance of these Terms and Conditions set forth herein by both spouses as Participants of the Texas Dance Hall Tour. You must be 18 years of age or older to participate in this Tour. Any Participant under the age of 18 must be accompanied by a legal guardian or parent at all times during the Tour, including but not limited to, any and all activities, events, and concerts conducted by BP. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT BOOK RESERVATIONS FOR THE TEXAS DANCE HALL TOUR.
- Payments: All checks are to be made payable to Bismeaux Productions. Payments by check must be received within five business days of making your reservation and be for the full amount due. All other payments are due in full at time of reservation. BP is not responsible for reservations when payments by check are not received on time. BP does not take responsibility for losses of, mis-delivery of or delays in mailing. DO NOT MAIL CASH, or credit card numbers. DO NOT EMAIL credit card information. All reservations are made on a first come, first serve basis.
- Cancellation Policy:
- Cancellation until March 25th, 2019 5pm CST: You will be refunded your package amount, less 10% for admin fees.
- Cancellation after March 25th until April 8th 5pm CST: You will be refunded 50% of your total package amount.
- Any cancellations after April 8th 5pm CST: You will not be refunded. All cancellations must be made in writing, signed by the Participant, and mailed to Bismeaux Productions PO Box 463 Austin, TX 78767 or communicated via email to firstname.lastname@example.org. A BP representative will confirm written notice of cancellation. NO REFUNDS will be given if the written cancellation is received after 5pm CST May 6th The cancellation policy will be in effect if payment does not go through or a written cancellation notice is not received by BP on or before the above date. BP is not responsible for lost payments or delays in mailing. Cancellations made by telephone must be signed and confirmed in writing by email or mail and received by BP within three (3) days of the date of the telephone cancellation from the Participant that cancels. See paragraph 7, Participant Substitution for refund options.
- Recording, Photography, or Video Taping: Activities during the entire Texas Dance Hall Tour, including but not limited to, all scheduled performances and activities in all venues, public areas, lodging properties, and any location deemed necessary or appropriate for recording as determined by BP, photographing, or videotaping may be photographed and/or recorded conducted for future rebroadcast, advertising, or commercial purposes. By participating in said Tour and or entering any venues, activities, or areas related to the Tour, You are consenting to being recorded, photographed and/or videotaped without payment or remuneration of any kind. BP does not offer or provide any surveillance or security cameras, videotaping or recording for any security issue whatsoever. Further, any recording, photographs or videos of any nature are the sole property of BP and BP reserves the right to use any photograph/video taken at any event or during any Tour activity, without the express written permission of those included within the photograph/video. BP may use the photograph/video in publications or other media material produced, used or contracted by BP, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc.
- Returned Checks: BP shall collect a $50.00 (FIFTY DOLLARS AND NO CENTS) charge for any returned checks. The $50.00 returned check fee plus the original amount of the check must be paid to BP within 72 (seventy-two) hours of verbal or written notification by BP or reservation will be canceled. Thereafter, the amount due must be paid by money order or cashier’s check.
- Collection Costs: Participant agrees to pay reasonable attorney’s fees and other expenses incurred by BP in the collection of unpaid damages, insufficient or stopped checks, credit card reversal or misrepresentation or other losses or damages under this Agreement if such collection is deemed necessary by BP.
- Name required for reservations. Participant’s substitution: In order to facilitate lodging check-in and Texas Dance Hall Tour registration procedures, BP must have names for all purchased trips at time of reservation. A Substitute may attend the Tour in place of the original Participant. However, the original Participant is responsible for all financial obligations and these Terms & Conditions in the event the Substitute fails to comply with them. You must provide written notice of the substitution by 5pm CST June 3rd, 2019, and provide the substitute’s full name, email address and phone number. The Substitute must complete all reservation requirements. Substitute must agree to this Agreement and any other Agreement related to the reservation process in order to participate in the Tour, and it is Substitute’s choice to not agree. Any notice of substitution after 5pm CST June 3rd, 2019 will be approved only at the discretion of BP.
- Roommate Rules: Individuals that are not BP paid Participants may not stay in your unit or room. Having people stay in Your unit or room that are not BP paid Participants of the Tour will result in the eviction of You and all Participants in the unit or room from the Tour in its entirety. If evicted, you and all other Participants in that unit or room will not receive a refund for any portion of the Tour. No more than two occupants are allowed per room.
- Participant’s Requested Changes: All requests for any changes from the advertised Tour or your reservation must be received in writing by BP on or before 60 days prior to the beginning of the trip. Such changes include, but are not limited to, accommodation changes and transportation changes. Changes are not effective until approved in writing by BP
- Refunds: No refunds will be given for any unused portions of the Tour including, but not limited to, transportation, accommodations, activities, unused activity or concert/festival passes, or optional items. Refunds may apply only where injury, illness or medical attention is required and prohibits the Participant from participating in the Tour. The decision of whether a refund will be given, either in whole or in part, is solely within the discretion of BP.
- Flight Information: BP cannot and does not accept responsibility for a Participant’s failure to verify flight times and/or transfers with the airline. Your terms and agreement is strictly between you and your carrier, airline, or other third party supplier.
- Participant authorizes BP to book a third party hotel to fulfill Participant’s travel requests. Participant ratifies BP’s actions on Participant’s behalf, including acceptance of such third party’s terms and conditions, which limit Participant’s rights, and Participant agrees to bind by such actions. In the event of any inconsistency or ambiguity of terms, BP shall benefit from the most favorable term(s) in each instance.
- Participant’s Conduct Policy: BP, law enforcement, and/or the property management reserve the right to deny that any Participant stay in the accommodations or to be involved in any activities or events at any time during the duration of the Tour caused by any, conduct, action, problem or issue associated with or caused by any Participant that may harm or interfere with the enjoyment of other Tour participants for any reason whatsoever. There will be no refunds of any deposits, fees or charges of any type if any part of the Conduct Policy is violated. The decision as to whether the Participant’s Conduct Policy has been violated is solely within the discretion of BP.
- Trip Agenda and Event Schedule: BP does not accept responsibility for your or any qualifying Substitute’s failure to verify travel, Tour dates, time and location of check-in, check-out, and times of all activities and events. Check-in procedures and information will be available on line at www.texasdancehalltour.com approximately 30 (thirty) days before the first date of the Tour unless otherwise noted. You may request a written version of the Tour Agenda and Events Schedule by calling or writing BP. BP is not responsible for loss, delay or mis-delivery of mail or for an incorrect address on your sign-up form. The Tour Agenda and Events Schedule will also be available at check- in. All Tour events and activities are subject to change without prior notice.
- Additional Hotel: Some properties (hotels) may charge a daily or weekly fee or valet fee for parking your vehicle. These fees are your sole responsibility. Some properties may not allow oversized vehicles or trailers including, but not limited to, motor homes, recreational vehicles, buses, and travel trailers, or may charge a fee to park such oversized vehicles. Any such fee is your sole responsibility. Additional fees may include, but not be limited to, resort fees, bellman luggage fees and room service fees. Any such fees are the sole responsibility of the Participant. Contact the property front desk or management for information regarding these or any other fees.
- Entertainment Portion of Tour: BP is not responsible for the cancellation of or the unavailability of all or any part of the celebrity Entertainment Portion of the Tour. Events, activities, and entertainment packages are subject to change without prior notice. BP will not refund any portion of the Tour price due to cancellations or unavailability of the Entertainment Portion of the Tour for any reason.
- Website Errors: BP does not represent, warrant or guarantee that the website is free of pricing and description errors and/or changes. BP reserves the right to correct, change and charge for pricing errors, discrepancies and/or changes, if any.
- BP Not Liable: Limitation of Responsibility and Disclosure. BP is acting solely as an agent for disclosed principal supplier hotels, ground transportation, and other independent contractors providing accommodations, transportation, and/or other services related to Tour events and activities (“supplier(s)”), and is not the source or provider of the services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of BP. Customer is advised that the suppliers whose names appear in Tour documentation are those actually responsible for providing the purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. All bookings are accepted by BP as agent for the disclosed suppliers of your Tour. The transportation, accommodations and other services provided by the identified suppliers offered are subject to the terms and conditions contained in the tickets issued by them and/or their suppliers, including Terms and Conditions on their respective websites. BP is only responsible for making the arrangements for accommodations and services which constitute the Tour, except to the extent that accommodations or services cannot be supplied due to reasons beyond its control. BP is not in any way liable for personal injury, death, property damage or loss arising out of any act, omission or negligence of any transportation entity, including but not limited to, any air carrier, motor coach company, hotel, condominium or resort, any employee or agent or representative thereof, or any person or entity rendering any services or accommodations in connection with the Tour. Furthermore, BP is not in any way responsible for any injury, damage or loss, theft, accident, or any loss while traveling to and from and/or while on the Tour, including but not limited to, participation in any events on the Tour. BP is not responsible for weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of BP’s control. Natural events may be characterized as an “adverse weather condition” or a “natural disaster” by suppliers and your travel insurance company, which is beyond the control of BP. BP reserves the right to cancel any Tour events or activities, or any part of it, and to make such alterations in the Tour events and activities, as it deems necessary. BP shall not assume any responsibility for any air and/or ground schedule changes. Refunds will not be given due to inclement weather.
If the original advertised Tour property becomes unavailable for any reason, BP reserves the right to substitute accommodations that are the same or similar to those initially represented. BP does not represent, warrant or guarantee that other accommodations will be made available. BP is not liable for any claims whatsoever for personal injury, illness, death, or damages of any other kind as a result of or caused by your participation on this Tour or Your participation in any of the activities and/or events offered by or related to The Texas Dance Hall Tour. Further, you fully understand that by participating in any of the activities and/or events offered by The Texas Dance Hall Tour in connection with this Tour, such are completely voluntary on your part. Further, you assume all risks and personal liability associated with all activities and/or events.
Participant declares that they do not suffer from mental, physical, or other conditions or disabilities which could preclude them from participation in the activities and/or events offered The Texas Dance Hall Tour. A qualified and physically able companion must accompany Participants who need such assistance. Further, Participant fully understands that taking prescribed and/or illicit drugs or drinking alcohol may impair reaction time, judgment, or general health and may impair the ability to participate in any of the activities and/or events. BP or The Texas Dance Hall Tour reserves the right to deny anyone from participating in any of the scheduled activities and/or events due to the above. BP is not responsible for any accident or injury of any nature due to any Participant’s ingestion of prescription, illicit drugs and/or alcohol or any other substance. BP is not responsible for your safety while participating in any of the activities or events on the Tour. Further, BP shall be held harmless and is not liable to You for any of the acts and/or omissions, liabilities, including claims, demands, losses, costs, damages and expenses (including reasonable attorneys’ fees) from You or any Substitute for any claims of other Participants, event guests or third parties arising out of or in connection with BP employees, its operations, actions, equipment, negligence, property damage and/or personal injury. Participants agree to adhere to all warnings and regulations stated by BP and The Texas Dance Hall Tour and associated activities.
- FORCE MAJEURE. “Force Majeure” means, in relation to BP, any circumstances beyond the reasonable control of BP, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences). BP shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to You, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If BP, and/or any of Event suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your Tour. BP shall be entitled to recover the reasonable actual and potential costs to BP of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once BP has investigated the prevailing situation, as it deems fit, it shall remain in BP‘s sole and absolute discretion whether to proceed with your Tour. You may in such circumstances cancel the trip subject to BP’s and each supplier’s terms and conditions.
PARTICIPANT AGREES TO INDEMNIFY BP FROM THE CONSEQUENCES, IF ANY, OF ANY FAULT, CAUSATION, INTENTIONAL ACT, CRIMINAL ACTIVITY, CRIME, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENCE PER SE, BREACH OF DUTY, STATUTORY VIOLATION OR TORTIOUS CONDUCT ALLEGED ON THE PART OF BP, ITS AGENTS, SERVANTS EMPLOYEES, INCLUDING BUT NOT LIMITED TO, BISMEAUX PRODUCTIONS, TEXAS DANCE HALL TOUR, OR IN ANY OTHER CAPACITY SHOULD ANY INTENTIONAL ACT, CRIMINAL ACTIVITY, OR CRIME, BREACH OF DUTY, TORTIOUS CONDUCT, STATUTORY VIOLATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENCE PER SE, FAULT OR CAUSATION EVER BE ALLEGED OR PROVED BISMEAUX PRODUCTIONS OR TEXAS DANCE HALL TOUR ARISING OUT OF OR BASED IN WHOLE OR IN PART ON THE TOUR AND/OR ANY ACTIVITIES CONDUCTED OR OFFERED DURING THE TOUR, INCLUDING TRAVEL TO AND FROM THE TOUR DESTINATION. THE INDEMNITY IS PAYABLE AND PERFORMABLE IN TRAVIS COUNTY, TEXAS. IT IS EXPRESSLY UNDERSTOOD THAT THE INDEMNITY AND HOLD HARMLESS AGREEMENTS PROVIDED FOR HEREIN ARE INTENDED TO INDEMNIFY AND HOLD HARMLESS BISMEAUX PRODUCTIONS OR TEXAS DANCE HALL TOUR FOR THEIR LIABILITY OR NEGLIGENCE.
PARTICIPANT EXPRESSLY AGREES THAT THESE INDEMNITY PROVISIONS COMPLY IN ALL RESPECTS WITH WHAT IS COMMONLY REFERRED TO IN TEXAS LAW AS THE “EXPRESS NEGLIGENCE DOCTRINE” AND/OR RULE, AND THE PARTICIPANT EXPRESSLY AGREES NOT TO ASSERT LACK OF COMPLIANCE WITH THAT DOCTRINE OR RULE OR ANY OTHER DEFENSE TO THESE INDEMNITY PROVISIONS AS A DEFENSE TO ATTEMPTS TO ENFORCE THEM OR AS A BASIS FOR NOT COMPLYING WITH THEM.
- Venue. In the event of judicial action or proceedings of any kind or nature whatsoever arising out of or in connection with the Tour, BP and/or this Agreement, the parties agree that said action or proceedings shall be initiated and maintained only in the United States District Court for the Western District of Texas, Austin Division, Texas or in the Texas State District Court in Travis County, Texas. Participant irrevocably submits to the exclusive venue and jurisdiction of such courts for any such action or proceedings. Participant hereby irrevocably waives their choice of venue and/or the defense of an inconvenient forum to the maintenance of such action. Participant hereby irrevocably consents to the service of any and all citation and/or process in any action or proceeding by regular mail to the address Participant provided to BP on the Reservation Agreement.
- Enforcement. In the event that a judicial action or any proceeding shall occur, and representation is necessary to collect or enforce the Terms and Conditions of this Agreement the promoting party is entitled to the recovery of all costs and expenses of enforcement of the Terms and Conditions of this Agreement, including reasonable attorneys’ fees.
- Reservation Of Rights: Changes To These Terms. BP reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. Please check frequently to see if these Terms changed. Use of the website after any changes to the Terms and Conditions constitutes your consent to the changes.
- General. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Participant and BP with respect to Tour bookings made with BP by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Participant and BP with respect to communications with BP, including the BP website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Electronic Communications. When you use any BP service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Security And Privacy. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms and Conditions.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS BP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BP OR LAW ENFORCEMENT AUTHORITIES.
- Copyright. All content contained on this website, including downloadable files, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the exclusive property of Bismeaux Productions and protected by United States and international copyright laws. No part may be reproduced or reused for any other purpose without due acknowledgement and advance permission of the copyright holder.
- Design Marks. All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, and all rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other websites is prohibited. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit any of the content contained in this website nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from this website or other sites owned and operated by Bismeaux Productions without the express prior written permission of owner of such material (from whom you are solely responsible for obtaining permission) for any reason, and shall not acquire any ownership rights, nor create a database in electronic or manual form.