Help Create Generation Wealth with Embark Black

LAST UPDATED: February 28, 2024

PLEASE READ CAREFULLY BEFORE BOOKING YOUR TRIP WITH EMBARK BLACK LLC

The following terms and conditions apply to any trip booked with Embark Black LLC (hereinafter referred to as “EB” “our” “us”). By booking a trip with EB you (hereinafter referred to as, “you” “your” or “Traveler”) acknowledge that you (i) are 21 years of age or older, (ii) understand and accept these terms and conditions (the “Terms and Conditions”) and (iii) are entering into a contractual relationship with EB.

PRICE POLICY, TRIP DEPOSIT, INVOICING & FINAL PAYMENT

All trip prices are as posted on the EB website at the time of booking and do not include airfare. Trips are priced per person, based on shared occupancy. Single rooms may be available at an additional cost and the prices will be listed where applicable. Prior to booking, prices are subject to change without notice. If you are using our payment plan option, you must submit a non-refundable, non-transferable, per person deposit (equivalent to the first month’s installment payment or other amount determined by EB in its sole discretion) at the time of booking to reserve your space.

Payment Schedule: Traveler understands and agrees to satisfy their balance in full no less than 60 days prior to the date of arrival. Should Traveler fail to submit the final payment 60 days out, a 10% late fee will be assessed each day based on the original amount.

If Traveler fails to submit payment in full by 30 days prior to the date of arrival, EB reserves the right to cancel booking and retain 100% of funds paid.

Company will provide Traveler with a credit card authorization form and will notify Traveler in writing of the date & frequency of the scheduled payments.

CREDIT CARD PROCESSING

EB uses a third-party credit card processing company to provide Traveler with a convenient way of submitting payment. Traveler agrees to update Company’s records in the event that Traveler’s credit/debit card/bank account is closed, expires, or is no longer active for whatever reason. Traveler may contact EB directly to provide updated payment information: travel@EmbarkBlack.com.

Declined Payment: In the event that payment is attempted by EB and is subsequently declined, Company will provide Traveler with a courtesy email notifying Traveler of the declined payment method. If the past due payment is not paid within three (3) days of its due date, there will be a 10% late fee assessed for that interval’s payment.

If payment has not been submitted within seven (7) days of the first payment attempt, EB reserves the right to cancel Traveler’s booking and retain all paid funds.

REFUND, TRIP CANCELLATION & TRIP DISRUPTION

Part of EB’s responsibility is organizing the activities, accommodations, and transportation that will make your Curated Tour the experience of a lifetime. We not only host our Travelers during the Curated Tour but also do the work necessary ahead of time to make sure that everything is in place and ready for you.

Traveler understands that coordination of the Curated Experience requires such planning to take place months in advance. For this reason, the following policies apply:

TRIP CONCELLATION

In the event that a Traveler attempts to cancel within 60 days of the Date of Arrival, EB reserves the right to retain 100% of all paid funds. Traveler agrees to not file a dispute or chargeback through their bank and to instead utilize their travel insurance in the event that Traveler can no longer attend the Curated Experience.

REFUND POLICY

Traveler may receive a 100% refund (less any processing fees) within 48 hours of investing in the Tours curated by Embark Black LLC, so long as at the expiration of those 48 hours of the Curated Experience/Date of Arrival is more than 90 days away.

Due to the nature of these services, EB is unable to provide any refunds post-Experience. We value feedback from Travelers & welcome them to share any comments or suggestions with us here: travel@EmbarkBlack.com

Payment Disputes: Traveler agrees to not file a payment dispute or chargeback through their bank/financial institution and to instead utilize her travel insurance in the event that she can no longer attend the Curated Experience.

Traveler agrees to not file a chargeback in violation of EB’s Refund Policy. In the event that a chargeback is requested and/or processed, Traveler agrees to repay EB for the full amount and be responsible for any fees incurred in recouping payment, including attorney’s fees.

TRAVEL INFORMATION

Traveler is responsible for securing a valid passport. Some destination countries require a tourist visa to be secured before entering the country. Traveler understands that it is their responsibility to secure the visa and will do so at the time of purchasing Traveler’s airline ticket(s).

If a visa is required for your Curated Experience, Traveler agrees to purchase their airline ticket and obtain a visa within thirty (30) days of booking their Curated Experience.

It is the responsibility of the Traveler to ensure that there are adequate amounts of passport and visa pages within their passport booklet, in accordance with the requirements of the Curated Experience destination. EB will not be liable in the event that Traveler fails to ensure that Traveler’s travel documents are in order.

TRAVEL INSURANCE

Each Traveler should purchase a travel insurance policy within fourteen (14) days of booking their scheduled Curated Experience. The insurance policy should include a minimum of $100,000 of coverage and should cover emergency transportation/evacuation and trip cancellation in the amount of the Curated Experience costs, at minimum. 

Traveler agrees to use this insurance policy in the event that they are unable to attend the Curated Experience, due to Traveler’s fault or otherwise, or incurs any other loss related to the scheduled Curated Experience.

PURCHASE OF AIRLINE TICKETS

Traveler is responsible for purchasing their airline ticket to the origination city of the Curated Experience (unless otherwise noted in writing). EB is not responsible for any delays caused by the airline, missed flights due to Traveler error, or otherwise.

Traveler agrees to purchase their airline ticket as soon as possible, no later than 120 days prior to the Date of Arrival. Two (2) weeks prior to the Date of Arrival, Traveler will provide an updated digital copy of their travel itinerary to EB. 

In the event that Traveler arrives prior to the Curated Experience Date of Arrival, transportation from the airport will not be provided by EB. EB will provide Traveler with a window of time (based on local time) during which transportation will be provided, as outlined below.

TRANSPORTATION

EB is responsible for arranging transportation during the scheduled Curated Experience for EB-coordinated activities. EB will also arrange transportation to and from the airport on the Date of Arrival and Date of Departure in shifts that match a majority of the traveler’s schedule. In the event that this schedule does not fit within the Traveler’s arrival or departure, Traveler is free to arrange transportation for themselves at their own expense.

ACCOMODATIONS

EB will provide accommodations for the duration of the Curated Experience. Should Traveler decide to arrive early or stay after the Curated Experience, Traveler will be responsible for their accommodations on those days/nights.

In the event that Traveler wishes to indulge in room service or causes some kind of damage to their room/accommodations, Traveler understands that they are solely responsible for any and all extra charges to her room/account and agrees to settle such balances prior to departure.

In the event that Traveler fails to settle such charges prior to departure, Traveler agrees to indemnify EB in any situation of property damage or fees that remain unpaid. Traveler grants permission to EB to charge any unpaid expenses to the card on file belonging to Traveler.

In the event that EB must pursue unpaid fees/damages from Traveler, Traveler will be responsible for all expenses associated with securing such payment, including attorney’s fees.

FALSE REPRESENTATION

At no time shall Traveler make representations, directly or indirectly, to vendors, accommodations, administrators, or any other individual/company that Traveler is somehow affiliated with EB or Embark Black LLC in an authoritative, management, or administrative role. This includes but is not limited to requesting confidential records and/or information on accommodations, bookings, excursions, etc. from vendors, etc.

CURATED EXPERIENCE POLICIES

Included in the scheduled Curated Experience:

Housing accommodations. Accommodations may be in the form of a hotel, Airbnb, hostel, villa, condo, homestay, or any combination of these.

Select meals. Meals included in the Curated Experience can be viewed on the Scheduled Experience Itinerary provided to Traveler. Any meals/snacks outside of these meals are the responsibility of the Traveler.

Planned excursions. These activities can be viewed on the Curated Experience Itinerary provided to Traveler by EB. Any activities/excursions outside of these are the responsibility of the Traveler.

Transportation. Roundtrip airport transport (arrival + departure), as stated in the previous section as well as to and from excursions specified in the itinerary.

Travel Guide. A EB Tour Curator will be made available to Traveler. EB’s Tour Curator will accompany Traveler as a guide for all itinerary activities.

Please note that gratuity/tips to service providers are not included in the Curated Experience.

COMMUNICATION

EB’s Tour Curator will communicate with Travelers on the Curated Experience via an electronic messaging program such as Whatsapp. Traveler will be notified of the messaging program of choice before the Scheduled Experience and will be added to a group conversation which will be used for text communications throughout the Curated Experience. Traveler agrees to maintain the designated mobile application on their phone and remain a member of the group chat for the duration of the Curated Experience, as this will be the sole method of communication with the group.

EXCURSIONS

EB curates custom excursions for its Travelers to participate in. In the event that a planned excursion is cancelled, EB will make reasonable efforts to substitute the excursion with another planned activity or reschedule for a different day of the Experience. Circumstances outside of EB’s control do not give rise to a breach or refund.

Should Traveler decide to opt out of an excursion, Traveler understands that this does not entitle Traveler to a refund, partial or otherwise.

By participating in any and all excursions, Traveler acknowledges that Traveler does not have any physical limitations, medical ailment, physical or mental disabilities that would limit or prevent that Traveler from participating in the excursions. If necessary, Traveler will obtain a medical examination and clearance to participate in said excursions.

Traveler releases EB from any liability stemming from personal property loss, injury, and/or death that Traveler may sustain while participating in the scheduled Curated Experience and/or its excursions.

In the event that an Traveler is late to an excursion, EB, the on-site Tour Curator, and/or the rest of the Travelers are not required to wait or delay the excursion. Refunds, partial or otherwise, will not be provided for any such absence. Should the Traveler not arrive in time to take EB transportation to the excursion, they may secure transportation to the excursion at their own expense.

LUGGAGE

Traveler is responsible for bringing with them everything they need for purposes of travel. The hosting hotel, hostel, Airbnb, etc. may provide items like shampoo, body wash, etc., but Traveler understands that they are ultimately responsible for bringing any and all personal hygiene items with them

Traveler is also responsible for any additional fees that may be imposed by the airline for checked luggage, overweight luggage, or any other airline fees that may apply.

BEHAVIOR

Traveler agrees to maintain proper decorum and behavior during the Curated Experience. If Traveler is disruptive, rude, or disrespectful towards EB, the Tour Curator, or fellow Travelers, EB reserves the right to terminate Traveler’s participation in the Curated Experience, with no refund or partial refund.

ALCOHOL & DRUG POLICY

Traveler agrees to consume alcohol responsibly and not partake in the use of illegal drugs during the Curated Experience. If Traveler violates this policy, EB reserves the right to terminate Traveler’s participation in the Curated Experience, with no refund or partial refund.

Traveler acknowledges that if any drugs or alcohol are consumed during the Curated Experience, Traveler does so at Traveler’s own risk and release EB from any liability stemming from the consumption of said substances.

ILLEGAL ACTIVITIES

Traveler agrees to abide by the destination’s local, state, and federal laws and will refrain from engaging in any criminal activity, including but not limited to the possession, purchase, and consumption of illicit substances. Engaging in such behaviors will be considered as grounds for ejection.

In the event that a Traveler is incarcerated in the destination country, EB is under no obligation to provide bail money or otherwise. EB will make reasonable attempts to notify the emergency contact provided by Traveler in this Agreement.

SOCIAL MEDIA & ONLINE FORUMS

Travelers are encouraged to share their Curated Experience with the world! (If Traveler chooses to do so, we’d love to be tagged!) Traveler agrees to not publish any disparaging comments, posts, or photos with respect to EB, the host destination, as well as fellow Travelers.  Please contact Embark Black if you have any issues on your Curated Experience at:  travel@EmbarkBlack.com

GUESTS

We at EB encourage socializing and immersion into the local society. However, it is against EB policy to bring non-Traveler guests to the EB-provided accommodations. Traveler agrees to not bring guests (regardless of gender) to the accommodations for the duration of the scheduled Curated Experience. Doing so will be considered as grounds for ejection at EB’s sole discretion.

ADDITIONAL TRAVLERS/GUESTS

Traveler agrees to not bring along any additional travelers that are not pre-approved by EB. Doing so will be considered as grounds for ejection at EB’s sole discretion.

ROMANTIC/INTIMATE RELATIONSHIPS

Traveler agrees to not seek or pursue romantic relationships with any EB vendors, local partners, or other Travelers for the duration of the Curated Experience. Doing so will be considered as grounds for ejection at EB’s sole discretion.

GROUNDS FOR EJECTION. EB’S PRIORITY IS TO MAINTAIN A SAFE, ENJOYABLE EXPERIENCE FOR ALL TRAVELERS. EB RESERVES THE RIGHT TO REMOVE AND/OR EXCLUDE ANY TRAVELER FROM THE SCHEDULED EXPERIENCE IN THE EVENT THAT TRAVELER’S BEHAVIOR IS DEEMED DANGEROUS OR POSES A DANGER TO OTHERS. OTHER GROUNDS FOR TRIP EJECTION INCLUDE INTENTIONALLY DAMAGING OR DEFACING PROPERTY, FIGHTING, USAGE OF ABUSIVE LANGUAGE, INAPPROPRIATE AND/OR DISRESPECTFUL TREATMENT OF EB STAFF, FELLOW TRAVELERS, VENDORS, TOUR GUIDES, AND/OR LOCALS WITHIN THE DESTINATION. EJECTION WILL BE AT THE TRAVELER’S EXPENSE AND DOES NOT ENTITLE TRAVELER TO ANY REFUND.

LIABILITY

In the event that Traveler sustains a loss of personal property during the duration of the Curated Experience, EB maintains no liability and will not be held responsible for any such loss. In addition, EB maintains no liability in the event that physical injury and/or death occurs during an Experience.

LOCAL EMERGENCIES

EB is unable to anticipate local emergencies and/or political climate changes in destination countries. In the event that an emergency arises, the EB Travel Curator will provide Travelers with information via the designated group messaging mobile application. Traveler agrees to record the following information in their mobile device and will travel to the U.S. Embassy in the event that an emergency situation arises. If you have allergies, or mediciations you can privately relay this information to your Tour Curator in advance of the Curated Experience in case of an emergency and for menu options.

LOCAL RECOMMENTATIONS

During the Scheduled Experience, the EB Travel Curator may make recommendations on restaurants, shopping locations, etc. per Traveler's request. EB cannot provide any guarantees as to any local vendors or service providers recommended by a Tour Curator or otherwise.

ELECTRONIC SIGNATURE

Traveler understands that under law, signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect as an original handwritten signature in ink.

AUTHORIZATION

(Please read Filming Notice)

EB may hire a photographer to capture snapshots of your Experience. Traveler expressly and irrevocably authorizes the use of his or her likeness for commercial purposes by the Company as well as its assignees, licensees, legal representatives, and transferees, unless otherwise agreed to in writing. This authorization permits for the publication and use of any and all photographs, pictures, portraits, videos, and/or images in any and all forms and media including for purposes of illustration, commercial art, publishing, advertising, promotion, publicity, social media and other electronic forms, for any products or services, or other lawful uses as may be deemed appropriate by the Company in the course of its business.

NO MODIFICATIONS

Parties agree that there shall be no changes to this Agreement – unless in writing, agreed to, and signed by both parties.

FORCE MAJEURE

EB may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or

2. War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or

3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.

In the event that this Section applies, EB will be permitted to make a reasonable effort to reschedule Experiences as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances. Refunds will not be provided, rather, any money paid by Traveler may be applied to a future EB Experience.

TRANSFERABILITY

Traveler cannot transfer this Agreement or Curated Experience to any other entity or individual. Any potential transfer may only take place with the written permission of EB.

WARRENTIES

EB does not guarantee or provide any warranty, express or implied, with regards to any specific results or Experience.

GOVERNING LAW

The laws of the state of Texas will govern the validity, construction, and performance of this contract. Any actions relating to this contract will be handled in courts or providers serving Mansfield, TX.

In the event of a dispute, the first course of action to be sought by either party, after making a good-faith and reasonable effort attempting to resolve the matter amicably, shall be mediation with a mutually agreed upon mediator. Parties shall share in the costs.

EB will do its due diligence prior to confirming Traveler-status and official reservation of the applicant’s spot on the scheduled Curated Tour. EB reserves the right to cancel enrollment at any time within 30 days of initial payment, for any reason.

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.

Traveler has been given the opportunity to seek independent legal advice prior to signing this Agreement. Traveler acknowledges and agrees that Traveler has carefully read this Agreement, that Traveler understands and is voluntarily executing this Agreement.

NOT INCLUDED IN THE TRIP PRICE

The following charges are not included in the trip price unless otherwise noted: airfare to and from the start of your trip; airline baggage fees including checked and/or excess baggage fees; passports; visas and vaccinations; tips to your tour director, local host, driver, local guides, rest room attendants; gratuities on ferries, trains; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted EB menu as presented at accommodations or restaurants (these extra items will be billed to you before leaving the accommodation or restaurant); optional excursions; porterage at airports and train stations; travel insurance; and all other items of a personal nature.

AIR ARRANGEMENTS TO TRIP DESTINATIONS

Travelers must purchase their own airline tickets to the trip destination.  EB will not arrange air transportation and shall not be responsible or liable for a traveler’s airfare, airline ticket, or air travel arrangements.  All issues with your air travel shall be resolved with the respective airline on which you are ticketed. In the event the airline cancels, reschedules, or delays a flight for any reason or you miss your departure flight or connection, no refunds will be provided by EB for missed portions of the trip.  You are fully responsible for any additional expenses you may incur prior to joining the trip if you miss your departure flight or connecting flight. EB recommends all travelers purchase travel insurance with provisions to cover these unexpected expenses.

INSURANCE

EB requires a traveler’s to purchase traveler’s insurance for your EB trip.  The insurance should cover the cost of trip cancellations, flight delays and cancellations, loss of employment, and accidents and illness suffered by you that would prevent you from traveling on your booked trip or that may occur during the trip.  You should consider purchasing additional coverage to cover any money you may have spent prior to your scheduled trip departure. Travelers must submit documentation evidencing their purchase of traveler’s insurance to EB upon request.

LANGUAGE

All tour directors, local hosts and local guides utilized by EB speak English.  Travelers should be able to speak, read and understand English.

AUTHORITY TO REMOVE OR REFUSE TRAVELERS

In the event EB believes that a traveler may interfere with other travelers’ enjoyment of the trip, EB may, in its sole discretion, refuse to allow the traveler to commence the trip or remove a traveler from the trip.  Travelers who (i) are considered a danger to themselves or others or (ii) have engaged in or are threatening to engage in behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or EB representatives (including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene) or (iii) have failed or refused to following EB’s directives, recommendations, instructions, policies, or procedures, may be removed from the trip.  In the event EB refuses transport or removes a traveler, EB may leave the traveler at any destination and shall not be liable or responsible for accommodations, transportation, meals, medical care, or any other expenses incurred by the traveler after refusal or removal from the trip. EB will not refund any portion of the price paid by any traveler who is refused or removed and EB will be entitled to recover from the traveler any costs or expenses incurred by EB in removing or refusing the traveler.

UNDERAGE TRAVELERS

EB requires travelers to be 21 years of age or older to book a trip and travel alone.  Persons under the age of 21 must have an adult (over the age of 21) accompany them on the trip and share accommodations.

SPECIALTY TRIPS

On occasion, EB may organize trips to include family member.  These specialty trips will have itineraries that are designed to include children (“Specialty Trips”).  On Specialty Trips, additional terms and conditions governing accommodations, travel requirements, etc. may apply and will be provided to the traveler prior to confirmation of booking.

SPECIAL ASSISTANCE TRAVELERS

Travelers who require special assistance due to a disability must notify EB when booking a trip.  In the event, EB is unable to arrange acceptable and reasonable accommodations for special needs or disabled travelers EB will notify traveler and traveler will have the option to decide if they want to continue on the trip.  However, EB shall not be responsible for any denial of services by accommodations, restaurants, or other independent suppliers during the trip. EB will not provide individual assistance to a special needs disabled traveler during the trip.  Travelers must be able to independently partake in the activities of the trip. Special needs or disabled travelers should have a qualified and physically able companion accompany them to assist them during the trip. If a traveler fails to notify EB of a disability requiring special attention when booking the trip, EB reserves the right to cancel the booking or terminate the traveler’s trip.  EB may cancel or terminate a trip if the special needs or disabled traveler is not accompanied by a person who will provide assistance or if a traveler’s special needs or disabilities are not suitable for the trip. In the event EB cancels the booking or terminates the trip, EB will not refund or cover any costs or expenses incurred by the special needs or disabled traveler after cancellation or termination.  Some activities during the trip may require travelers to engage in extensive standing, sitting, or walking and facilities or sightseeing locations may not accommodate wheelchairs. The Americans with Disabilities Act is a federal law only applicable within the U.S.; therefore, facilities and accommodations for disabled individuals may be limited outside the U.S. EB will not refund or cover any cost or expense incurred by a special needs or disabled traveler for any missed activities due to the traveler’s inability to fully participate with the group.

VISAS & PASSPORTS

International travel requires a passport.  You must verify all requirements and obtain a passport and all necessary visas for the trip, including all health requirements if any.  If you are refused entry into any country for failing to meet the entry and exit requirements, EB will not be liable. All visa or passport information provided by EB is applicable to U.S. citizens only.  Non-U.S. citizens must consult with the appropriate consulates to determine if any visas or other documents are needed. For more information on passport and visa requirements, please go to the U.S. State Department website at www.travel.state.gov.

ACCOMMODATIONS

EB utilizes various accommodations such as hotels, hostels, Airbnb and bed-and-breakfasts to house travelers during a trip.  Each trip will vary in terms of the accommodations used. Shared room accommodations, with twin beds, will be provided (double, triple or multiple bedded rooms). Single room accommodations may be available at an additional charge and must be requested at the time of booking.  Room and bed preferences are not guaranteed. Check-in times vary worldwide. EB cannot control or guarantee check-in times.

SERVICE INQUIRIES AFTER THE TRIP

If a situation arises during the trip, please advise EB of your complaint or claims as soon as possible. Any complaint involving EB services or the services of its third-party suppliers must be relayed to EB within 30 days after completion of the trip.  If not, you will forfeit any compensation or other resolution that may have been due to you.

HOLIDAYS

Certain planned activities during the trip may be unavailable if such activities fall on dates that are designated local or national holidays.  In the event a planned activity is unavailable, if possible, EB will offer an alternative activity. No refund or discount will be given to travelers for events that are cancelled due to local customs.

HEALTH, SAFETY & MEDICAL INSURANCE

EB endeavors to provide a safe environment and experience for its travelers but cannot protect or guard traveler from certain risk and dangers when traveling outside of the United States.  During trip travelers may be faced with forces of nature; political unrest; acts of lawlessness or terrorism; accidents or illnesses or other situations that may endanger the life of the traveler.  EB shall not be responsible for any risks and dangers that may arise and by booking a trip with EB, you agree not to hold EB liable for any harm suffered by you during the trip. You agree to hold EB harmless regarding any provision of medical care or the adequacy of any care rendered.  You must ensure that you are informed and aware of the applicable health requirements and recommended precautions relevant to the trip and that you carry all necessary vaccination documents, personal health information or personal medication. You run the risk of being denied entry into a country if you fail to present the required vaccination documentation.  Prior to booking a trip, you should refer to U.S. Department of State’s website www.travel.state.gov for travel advice and vaccination requirements for the trip destination.

PHOTOGRAPHY & VIDEOGRAPHY

(Please read Filming Notice)

Photographs appearing on the EB website are used solely as a representation or similar depiction of the possible facilities and attractions and EB travelers should not rely on those depictions.  Actual facilities and attractions will vary. On some trips, EB may hire a photographer or videograhper or use our own to take pictures and video of the travelers, activities, and attractions. By booking a trip with EB, you agree to grant EB permission to use photos and video of you taken during the trip by the EB photographer on our website and social media platforms for marketing purposes only.  EB may, in its sole discretion, make the pictures and video available to travelers as part of the trip or as an additional cost. In the event you upload your photos to the EB website, any upload grants a perpetual license to EB to use your photos for marketing purposes.

OPTIONAL EXCURSIONS

Optional excursions, outside of the planned EB trip activities may be available for booking through local operators or other third parties.  These parties are entirely independent of EB and do not form any part of the EB trip. Any optional excursion you book will not be governed by these Terms and Conditions.  In booking with a third party/local operator, you will be entering into a contract with said organizer or operator and will be subject to their terms and conditions, which may include limitations of liability or exclusions.  EB shall not be liable for any optional excursions or for any acts or omissions of the third-party/local operator, its employees or agents or any other person connected therewith, even where EB advertises, suggests or assists with booking an optional excursion with the third-party or local operator.  Any advice or assistance on or with any optional excursions provided by any local representative does not mean or imply that the option is sold, supervised, or controlled by EB, or that any such advice or assistance is given on behalf of EB. EB advises travelers to check with the operator of any optional excursion for the applicable terms and conditions before booking.

WI-FI

Wi-Fi connectivity may or may not be available during the trip. If available, it may be delayed, slowed, or otherwise interrupted.  EB has no obligation to provide travelers with Wi-Fi connectivity during the trip.

PRIVACY POLICY

(Please read our Privacy Policy)

By using the EB website and booking a trip with EB, you consent to EB’s use of your personal information.  You acknowledge and agree that by purchasing a trip with EB, you consent to EB transmitting your personal information to our third-party suppliers, as necessary.  You acknowledge that you have reviewed and agreed with the EB privacy policy. The policy can be found on our website at www.embarkblack.com.

COPYRIGHT

EMBARK BLACK names, trademarks, service marks, logos, materials, and information shall not be used, reproduced, transmitted or distributed in any way, except with the express written consent of Embark Black LLC.

THIRD PARTY PROVIDERS

EB is an independent limited liability company acting as an intermediary to provide a trip comprised of services offered by third-party suppliers. Third-party suppliers providing trip services are not agents, employees, servants, or joint ventures of EB.  EB has independent contracts with each of the suppliers for the services. All trip services provided by third-parties are subject to the terms and conditions specified in the third party supplier documents and to the laws of the countries in which the services are supplied.  The third party supplier terms and conditions are available to you upon request. You agree that neither EB nor its representative shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services.  After departure, if the services included in the trip cannot be supplied or there are changes in an itinerary for reasons beyond the control of EB, depending on the circumstance, EB will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of travelers.

LIMITATION OF LIABILITY

To the extent permitted by law, neither EB nor any of its related companies, directors, employees or agents accept any liability in contract, tort or otherwise for any claim, injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of another traveler or third party providers over whom EB has no direct control, by force majeure or by any other event which is beyond EB’s control.  Any limitation of responsibility stated for EB in these Terms and Conditions applies and extends to its related companies, directors, officers and agents. This limitation of liability provision does not make EB responsible for any costs and fees that are specifically stated as being your responsibility. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of EB under applicable law.

 GOVERNING LAW & DISPUTE RESOLUTION

Unless otherwise precluded by law, disputes or claims must be filed within three months following completion of the trip.  This agreement shall be governed by the laws of the State of Texas, and any dispute, mediation or arbitration pertaining to this agreement must take place and may be brought only in courts in Mansfield, Texas.  Mediation shall be the first form of resolution for any dispute between you and EB. The mediator used shall be one selected by EB. If the dispute cannot be resolved through mediation, the parties must proceed to binding arbitration in the State of Texas to resolve the dispute.  Arbitration proceeding shall be administered by and pursuant to the rules of the American Arbitration Association. The prevailing party shall be entitled to receive from the other party, reasonable attorneys’ fees and reasonable cost and expenses. Arbitration against EB must be arbitrated on an individual basis.  Disputes shall not be arbitrated on a class action basis or on behalf of the general public. You hereby waive any right to punitive damages.

AMENDMENTS

The Travel Terms and Conditions may only be amended, modified or waived by an authorized representative of EB.  Any such modification, amendment or waiver must be in writing.

The Travel Terms and Conditions are subject to change.  EB advises you to check the EB website for the latest version of the Terms and Conditions prior to booking your trip."

Questions about these Travel Terms and Conditions please email: travel@EmbarkBlack.com