City Tour Program Terms & Conditions
Please read this document carefully. These Terms & Conditions must be accepted to be involved in tours and/or programs operated, sponsored, or coordinated by The Duluth Experience, LLC (a Minnesota business referred to below as “The Duluth Experience”) or any of its business Affiliates.
This document contains important information about The Duluth Experience’s programs and, by attending The Duluth Experience tours and/or programs, participants surrender certain legal rights in the event of an injury or other loss. Please contact us if you have any questions about this document.
CITY TOUR RULES OF ENGAGEMENT
Guidelines for Creating the Best Possible Experience:
- You are responsible for knowing and complying with these Terms & Conditions.
- Age Requirement: The Duluth Experience City Tour Program has a variety of experiences that are perfect for all ages. However, children under 13 years of age will need to be accompanied by an adult or guardian. Children under 10 ride free on our Duluth History & Sightseeing Bus Tour and our Duluth History Walking Tour (not available for the Dark History Tours or the HART of Duluth Walking Tour).
- Liability: By purchasing your ticket(s) for a Duluth Experience City Tour, you agree to assume responsibility for yourself. You also agree to indemnify and hold harmless The Duluth Experience, LLC its employees, agents, and Affiliates from any and all claims and liability, including attorneys fees and costs, for any bodily injury or property damage arising from your participation in the tour. Let’s have fun and be safe.
- Contraband: You may not bring contraband (e.g., illegal drugs) into any Duluth Experience vehicle. Law enforcement agencies have absolute power to stop any motor vehicle for administrative searches. Any contraband, even in negligible quantities, can result in forfeit of the vehicle. That would not be good. Leave the drugs and other contraband at home. Oh, and no smoking on the bus. Thanks.
- Mechanical Difficulties: Ever heard of Murphy’s Law? The Duluth Experience reserves the right to substitute a vehicle or arrange for alternative transportation to complete the tour in the event of mechanical difficulties.
- Acts of God: If unsafe weather conditions arise, The Duluth Experience reserves the right to cancel tours to protect your safety and the safety of our crew. Your ticket will be refunded. If unsafe weather conditions develop during the tour your ticket may be partially refunded. Please note that crazy winter storms are actually part of The Duluth Experience. Trust us – we live here. The Duluth Experience is not responsible for delays or cancelations caused by weather, traffic, mechanical problems, automobile accidents or other natural causes.
- Personal Items: The Duluth Experience is not responsible for any unattended, forgotten, left, lost, damaged, or stolen property in the vehicle at any time. Keep track of your stuff!
- Cancelation 1: We need a minimum of four guests to operate our bus tours and two guests to operate a walking tour. You don’t have to book all of these spots… we just need the minimum number guests in aggregate. If this threshold is not met, The Duluth Experience reserves the right to cancel the tour. We will work with you to get you re-scheduled on the next available tour or refund your money.
- Cancelation 2: You will receive a full refund if you cancel your tickets more than 72 hours ahead if time. There is a 50% refund if cancelled between 72-24 hours prior to the tour. There is no refund if you cancel with less than 24 hours before a tour.
- Last Minutes Changes: By agreeing to these Terms and Conditions, you acknowledge that there is a possibility that the tour lineup could change with no notification to you as a ticket holder. We’ve done our best to schedule out our tour itinerary but things may happen that are out of our control and we may need to substitute an alternate location.
- Last but not Least: You accept full responsibility for vehicle damage or special cleaning and any loss of income due to negligence or carelessness by you or your party. By accepting these Terms & Conditions, you authorize The Duluth Experience to charge the guaranteeing credit card for the expenses. If the guaranteeing credit card cannot be charged, you agree to pay for damages within seven days of the tour. Finally, you agree to pay for any collection expenses and/or attorney fees and costs associated with our collection efforts.
- The Duluth Experience reserves the right to immediately terminate service without refund to any party or person(s) who violate these Terms & Conditions.
WAIVER AND RELEASE OF LIABILITY
In consideration of the opportunity to participate in the programs of The Duluth Experience [and/or its Affiliates], I understand that by purchasing a tour ticket from The Duluth Experience, I acknowledge and agree as follows:
- Recreational and sightseeing activities have inherent risks, dangers, and hazards. These inherent risks, and others not specifically described, may be present in my activity with The Duluth Experience [and/or its Affiliates].
- My participation in such activities and/or use of such equipment or premises may result in injury or illness including, but not limited to: bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability.
- These risks and dangers may be caused by the negligence of the owners, employees, officers, or agents of The Duluth Experience [and/or its Affiliates], the negligence of participants, accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to: guide decision making (including that a guide may misjudge terrain, weather, road, trail or water conditions), weather conditions, risk of falling out or drowning while in a canoe or kayak or while paddleboarding, falling off a bicycle or falling down while cycling, falling while skiing or snowshoeing, and such other risks, hazards, and dangers that are integral to recreational activities that take place in a wilderness, lake, outdoors, recreational environment, city streets and sidewalks or other location.
By my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the ordinary negligence or other conduct of the owners, agents, officers, or employees of The Duluth Experience [and/or its Affiliates], or by any other person, including myself. I also verify that I am in good health, not under the influence of any drugs of any kind, nor do I have them in my possession, and I am capable of pursuing the sport(s) of skiing, snowshoeing, paddleboarding, biking, kayaking, canoeing, bus tours, and walking tours and my participation in one of more of these activities is entirely voluntary. I also agree to use all safety equipment appropriate to each activity as provided by either myself or The Duluth Experience [and/or its Affiliates], such wearing a properly secured, USCG approved personal flotation device of type 3 of better while kayaking or canoeing.
ASSUMPTION OF RISKS, WAIVER AND RELEASE, AND INDEMNITY
- I acknowledge and assume all risks of my enrollment and participation in a program of The Duluth Experience [and/or its Affiliates], whatever the nature of those inherent risks may be, and whether described above or not.
- I release The Duluth Experience, LLC, its owners, officers, directors, staff, contractors and Affiliates (“Released Parties”) from, and agree not to sue them for, any ordinary negligence resulting in a claim which I may have for injury, death, or other loss incurred during or in any way related to my enrollment or participation in a program of The Duluth Experience [and/or its Affilates]. This Waiver and Release does not apply to acts which constitute greater than ordinary negligence.
- I agree to defend, indemnify and hold harmless (that is, to defend and protect, including by paying liabilities, costs, and attorneys’ fees) Released Parties and all claims which I, a member of my family, another participant, or any other person, may have for any injury, death, or other loss incurred by me or caused by me related in any way to my enrollment or participation in any program of The Duluth Experience [and/or its Affiliates] and/or which may arise out of my use of skiing, snowshoeing, paddleboarding, biking, kayaking, canoeing and/or other equipment or premises where these equipment were used or my participation in any of these activities.
I attest that I have no physical or mental condition that would cause me to be a danger to others or myself. I will promptly inform The Duluth Experience [and/or its Affiliates] if I require an accommodation to allow me to participate fully in the activities or program. I understand that The Duluth Experience [and/or its Affiliates] may refuse admission or continued participation in any activity or program at its sole discretion and that if I am asked to leave a program or activity, I will receive no refund or other compensation for that circumstance.
Any dispute which I may have with The Duluth Experience [and/or its Affiliates] will be submitted to mediation if not otherwise resolved. Any mediation of suit shall occur exclusively in Duluth, St. Louis County, Minnesota, and I agree to the personal jurisdiction of the appropriate court of that county. Any dispute, including regarding the terms of this agreement, will be governed by the substantive laws of the State of Minnesota.
The Duluth Experience [and/or its Affiliates] is hereby authorized to use, without compensation, photographic, including video, images of me, for promotional or other purposes.
If any part of this Agreement is deemed unenforceable by a Court of other appropriate authority, the remainder of the agreement shall remain in force and effect. I intend this agreement to be binding on all members of my family, and on my estate and executors and administrators.
If a person under age eighteen (18) is a participant, a parent or guardian must accept these Terms & Conditions on behalf of the minor and a parent or guardian will be required to accompany the minor on the The Duluth Experience activity.
I have read the waiver and release, and by accepting these Terms & Conditions, agree that it is my intention to exempt and relieve The Duluth Experience, LLC [and/or its Affiliates] from liability for personal injury, property damage, or wrongful death caused by ordinary negligence or any other cause.