These Terms and Conditions of Use (“Terms and Conditions”) contain important information and requirements related to the purchase and use of, or participation in, any product or service (each, an “Experience”) provided by Funsherpa, LLC through its booking service (on the Funsherpa, LLC website, www.funsherpa.com), including any Experience offered for purchase and booking through any of our marketing partners, such as websites run by third parties. As used herein, the terms “Funsherpa”, “funsherpa.com” and “we” refer to Funsherpa, LLC. The terms “consumer”, “you” and “user” refer to any person who purchases, books, redeems, participates in, takes part in, or otherwise uses an Experience.
ALL PERSONS WHO PURCHASE, BOOK, REDEEM, AND/OR PARTICIPATE IN ANY EXPERIENCE OFFERED ON FUNSHERPA.COM IS, THROUGH SUCH PARTICIPATION, ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. NO PERSON SHALL PURCHASE, BOOK, REDEEM AND/OR PARTICIPATE IN ANY FUNSHERPA.COM EXPERIENCE UNLESS AND UNTIL HE OR SHE AGREES TO AND ACCEPTS THE TERMS AND CONDITIONS SET FORTH HEREIN.
All users of funsherpa.com must be at least 18 years of age. The Experiences offered by Funsherpa are for use and participation by adults only, unless the description of an Experience specifically permits participation therein by children under the age of 18. A parent or legal guardian must accompany minors to any and all Experiences.
funsherpa reserves the right to change these Terms and Conditions at any time without prior notice. All changes to these Terms and Conditions will be posted on the funsherpa website at www.funsherpa.com.
Purchasing an Experience
Purchasing an Experience on funsherpa.com is easy. Orders can be placed on our website (www.funsherpa.com), or by contacting certain marketing partners of Funsherpa, whether under our brand or otherwise. When you purchase an Experience from Funsherpa, you (1) authorize Funsherpa to reserve such Experience on your behalf by contacting the third party provider(s) (each, a “Partner” and collectively, the “Partners”) which offer various Experiences and with which Funsherpa has contracted and (2) will receive a ticket or receipt (“Voucher”) in the mail, by email or via download from our website evidencing your reservation. Each user also will receive an order number following payment. Each person who purchases an Experience on funsherpa.com will be required to make a credit card payment in an amount which includes the ticket price of the Experience plus applicable tax, service fees and any other costs or fees specified by funsherpa.com at the time of purchase.
Your (or your gift recipient’s) Voucher, which shall contain a unique number (a “Card Number”), will arrive via U.S. mail with instructions for use. In some cases, a Voucher may be available for download on funsherpa.com; in others, the Card Number will be emailed to you or your gift recipient in lieu of a Voucher.
Gifts and Gift Packages
You may purchase an Experience as a gift for yourself or others by selecting a specific Experience or by purchasing a gift card that allows you or your recipient to select (at a later date) an Experience valued at an amount that is equal to or less than the amount provided for by the gift card. Gift cards are not Vouchers, which evidence a purchased Experience, and are subject to different rules and regulations pursuant to these Terms and Conditions and applicable local, state and federal law. Gift recipients must meet the stated requirements, including any physical and age-related requirements, associated with each Experience.
If you are giving an Experience as a gift, you will have the option of (1) sending a gift package, which shall include a gift card or Voucher, to the gift recipient via Funsherpa’s preferred box delivery options, (2) sending an email, which shall include the Voucher (with the Card Number) or the gift card as an attachment, to your gift recipient, or (3) instantly printing a Voucher with the Card Number or gift card to give to your gift recipient. All gift deliveries (whether via gift package, email or download) will include a Voucher with its Card Number or a gift card, instructions for redemption and use, and a summary of these Terms and Conditions. ALL GIFT RECIPIENTS AND ANY OTHER USERS OF FUNSHERPA.COM MUST AGREE TO THESE TERMS AND CONDITIONS. BY USING A GIFT CARD TO PURCHASE AN EXPERIENCE, BY REDEEMING AN EXPERIENCE AND/OR BY PARTICIPATING IN AN EXPERIENCE, EACH USER SHALL THEREBY CONSENT TO THESE TERMS AND CONDITIONS AND SHALL BE BOUND BY THEM.
The funsherpa.com Voucher is a ticket which allows the holder to participate in (hereinafter, “use”) an Experience between the dates associated with each purchased Experience. You will need the Card Number provided on your Voucher (whether emailed, printed or sent via U.S. mail) in order to redeem and/or participate in the Experience. The Voucher is not a gift certificate, credit card or debit card, does not have a stored value, and is not an insured deposit in a financial institution. The Voucher may not be redeemed for cash; and, while gift cards and/or packages are available for purchase on funsherpa.com, Vouchers are not gift cards and are provided by Funsherpa to consumers only after an Experience has been reserved. Keep your Voucher and/or your Card Number in a secure place. If lost, stolen or destroyed, neither the Voucher nor the Card Number is replaceable. Funsherpa is not responsible for any loss incurred by you for a lost, stolen, or destroyed Voucher or Card Number, including without limitation, losses resulting in or from identity theft or fraud. Vouchers or Card Numbers are valid for use with a Partner only when combined with a valid Booking Confirmation Number, as described below in the section entitled “Booking an Experience”.
The Voucher and/or its Card Number are valid for use between the date of issuance and the USE-BY date set forth on the card. An Experience shall be deemed to have been used, regardless of whether the consumer attends his or her appointment, following reservation of a date and time for such Experience on a date which is within the cancellation window. Please see “Refunds, Cancellations and Exchanges” below for additional information regarding reservations and attending appointments. The USE-BY date shall be twelve (12) months from the date on which the Voucher is issued, or such other time (either lesser or greater) as may be required or permitted by law. To verify the USE-BY date for an Experience or to inquire about extension options, visit www.funsherpa.com, e-mail firstname.lastname@example.org.
Funsherpa is not obligated to grant extension requests and may, in its sole discretion, refuse to grant any such request(s). Unless prohibited by applicable law, any extension of the USE-BY date of a Voucher, gift card (for those gift cards that contain a specific expiration date) or a Card Number is subject to an administrative fee of ten dollars ($10.00) plus the amount, if any, by which the price of an Experience was increased (as listed on funsherpa.com). All USE-BY date extensions shall be for twelve (12) months and must be requested prior to the USE-BY date. Only one extension request is permitted per Voucher or Card Number.
Vouchers and/or Card Numbers are transferable after a booking confirmation has been issued; provided that the transferee of the Voucher and/or Card Number must (1) agree to these Terms and Conditions and (2) provide accurate identifying information (e.g., name, address, etc.) to Funsherpa and to the Partner providing the Experience on or before the date of use. By providing accurate identifying information and by participating in an Experience, a transferee shall be deemed to have consented to these Terms and Conditions and shall be subject to, and required to comply with, all of the provisions set forth herein, including those provisions regarding risk and limiting Funsherpa’s liability.
An Experience can be booked by contacting Funsherpa at (1) www.funsherpa.com, or (2) through our marketing partners. You must purchase an Experience and obtain a Card Number in order to reserve a time for, or book, the Experience. Once Funsherpa confirms that your Voucher has been purchased and that such Voucher’s Card Number is active, you will select or confirm a location and preferred dates for that Experience. Experiences are regionally based and are valid only in the region purchased. Transferring experiences between regions constitutes an exchange and shall be subject to the Funsherpa exchange policy, as described below.
Funsherpa will act as your booking agent, reserving the Experience you select and making payment to the Partner offering such Experience on your behalf. Once your Experience has been scheduled, Funsherpa will contact you and provide confirmation thereof, including a booking confirmation number (“Booking Number”). Booking Numbers are provided via U.S. mail, facsimile or email and shall be the only evidence of a valid booking provided. Both the Booking Number and Card Number must be presented to the Partner providing the Experience on the date of your Experience. Redemption and/or participation in an Experience shall be conditioned upon your acceptance of these Terms and Conditions and any other terms and conditions that apply to your specific Experience. Funsherpa and our Partners have the right to refuse to provide any Experience or a portion thereof to any individual for any reason (not in violation of applicable local, state or federal law).
Refunds, Cancellations and Exchanges
A gift card is unused if no Experiences have been booked, and a Voucher or Card Number is unused if a Booking Number has not been issued. Funsherpa will provide a full refund for any unused gift card, Voucher or Card Number within thirty (30) days of purchase, subject to an administration fee of ten dollars ($10.00) for Experiences shipped in gift packaging. Return preauthorization is required for all Voucher or Card Number returns and can be obtained by contacting Funsherpa’s Customer Service at www.funsherpa.com, email@example.com; Shipping charges are non-refundable. Refunds will only be made to the original purchaser of the gift card, Voucher or Card Number per the method of purchase. No refunds will be given on purchases made more than thirty (30) days previously, and unused Vouchers or Card Numbers are exchangeable only pursuant to the funsherpa.com exchange policy described below. Once you have booked an Experience and received a Booking Number, cancellations and rebookings are accommodated pursuant to the cancellation and rebooking procedures described in these Terms and Conditions, unless otherwise specified by Funsherpa.
Unused Vouchers or Card Numbers are exchangeable for a different Experience. Exchanges are not permitted for gift cards or store credit; you must select a new Experience when making an exchange in order to preserve the USE-BY date of the Voucher. When the new Experience is a lower priced item than the original Experience, you will receive a credit toward a future funsherpa.com Experience in the amount of the stated price difference. When the new Experience is more expensive than the original Experience, you will incur a charge equal to the price difference. The new Voucher will have the same USE-BY date as the original Voucher.
Cancellations and Rebookings
After you have used your Voucher and receive a Booking Number, you shall have the opportunity to cancel the reserved Experience pursuant to the relevant Partner’s cancellation policy for that Experience, which policy shall be provided in our Experience description. If the cancellation policy for your Experience is not set forth in the funsherpa.com description of that Experience, Funsherpa shall permit you to cancel your reservation up to seventy-two (72) hours prior to your Experience. We are not obligated to accommodate schedule changes after that date, and any cancellations after that date are non-refundable. In addition, failure to appear as scheduled to participate in your Experience constitutes a “no-show” and results in a nonrefundable cancellation and forfeiture of the Experience. All rebookings must occur, and the Voucher must be used at an Experience, on or before the USE-BY date.
Selection and Use of an Experience
Funsherpa, LLC acts as your booking agent with our Partners. Funsherpa is independently owned and operated and is not affiliated (directly or indirectly) with, nor does Funsherpa control, any Partner. Partners are independent contractors of Funsherpa and are not agents or employees of Funsherpa, its subsidiaries, corporate affiliates, licensors, or licensees. Funsherpa makes no warranty, representation, or guarantee regarding any of the Experiences offered on our website or any of our Partners, including (without limitation) the availability, quality, safety, or efficacy of any Experience or Partner.
Funsherpa’s Partners may impose additional terms, conditions, or requirements not summarized in the funsherpa.com description of such Experience. Accordingly, prior to participating in any Experience, you should ensure that you have contacted separately the Partner offering your Experience and obtained from that Partner all terms, conditions, requirements, and other information that applies to your use of the Experience. Without limiting the foregoing, the Partner may require that you sign waivers regarding liability or other matters. Funsherpa.com is not responsible for any additional terms, conditions, requirements, restrictions, waivers, guidelines, rules or other obligations imposed by the Partner, unless specifically stated in these Terms and Conditions. Each Partner, alone, is responsible for its health and safety standards and operating practices.
Any pictures used in Funsherpa’s promotional materials are for illustrative purposes only and may not reflect the specific details of the actual Experiences offered at funsherpa.com. Our Experience descriptions are subject to change and may not always provide an accurate summary of services available to our customers; our Partners reserve the right to update the services offered at each Experience at any time. As such, Funsherpa’s marketing materials may not fully or precisely describe the Experience you receive. For a current list of Experiences, please visit www.funsherpa.com.
The duration of each Experience, if listed on funsherpa.com, is an approximation of the time you will spend at the venue and may vary depending on the Partner, the location of the Experience and other factors. In addition, Experiences involving multiple participants may require additional instruction and/or waiting time not previously disclosed on funsherpa.com. For additional details regarding an Experience you have booked or are considering, please contact Funsherpa’s Customer Service Line and/or that of any Partner offering such service.
Funsherpa uses commercially reasonable efforts to communicate all terms, conditions, limitations, and restrictions applicable to participation in an Experience at the time of purchase and booking, such as age or height restrictions, health factors, equipment requirements, and other such information. This information is available on www.funsherpa.com and will be included in the information you receive upon booking an Experience. Funsherpa strives to keep Experience information as up to date as possible; however, as explained in greater detail above, specific details with respect to each Experience are subject to change from time to time and may vary among Partners and/or locations.
In addition, our Partners may contact you in order to provide additional information about an Experience or the restrictions related thereto prior to your scheduled date of participation. It is your responsibility to comply with any rules or restrictions associated with your Experience, as may be set out on funsherpa.com or as otherwise provided by Funsherpa or our Partner(s). Cancellations resulting from an inability to meet any restrictions or requirements imposed by Funsherpa or its Partners shall be subject to the cancellation and rebooking policies described in these Terms and Conditions. Funsherpa does not warrant the correctness, accuracy, or reliability of any documents or other information regarding an Experience, whether by us or our Partners.
All Experiences are offered subject to availability and must be booked through Funsherpa according to the booking procedures stated in these Terms and Conditions. Bookings must be made in advance. Guidelines and suggestions for advanced booking will vary by Experience and are provided on funsherpa.com and during the booking process. In the event of an overbooking, a lost reservation, a natural disaster, celebrity illness or other acts or events of a similar nature which would result in a missed or cancelled Experience, Funsherpa reserves the right to work with the applicable Partner to make a reasonable substitution on the day of the Experience. If substitution is not possible, Funsherpa reserves the right to cancel the Experience on short notice, subject to the terms and conditions described below.
If an Experience is cancelled by Funsherpa or one of our Partners, for any reason, you will be notified as soon as possible in order to exchange your Experience for another or for a gift card or to book a convenient alternate date for your Experience at no additional charge.
Withdrawal of an Experience or Location
In the unlikely event that you have booked an Experience which is withdrawn from funsherpa.com and/or no longer offered by one or more of our Partners prior to your appointment date, Funsherpa will (1) notify you of such withdrawal and (2) at your option, either (a) provide you with an alternative Experience, or (b) rebook your Experience at a reasonable, alternate location.
Unless otherwise expressly stated on the Funsherpa website, the cost of an Experience does not include travel or transportation to or from the specific location of the Experience, accommodations, meals, or other travel-related expenses. Each Experience participant is responsible for making his or her own travel arrangements, as applicable, and is solely responsible for meeting any passport or other travel documentation requirements. Funsherpa is not responsible for any injury, damages or losses of any kind whatsoever that may result from travel to any Experience location.
Acceptance of Risk
You understand and agree that you must evaluate and bear all risk associated with purchasing, redeeming, participating in, or otherwise using any Experience provided through funsherpa.com’s booking services. Without limiting the foregoing, you understand and agree that, depending on the Experience you select, the Experience may include activities with significant safety risks to you. Each participant in an Experience, by booking and attending such Experience, hereby represents and warrants that you: (1) accept any and all safety risks associated with the Experience you have chosen, (2) have had time to consider and review all relevant information regarding the Experience and participation therein, (3) voluntarily choose to participate in the Experience, and (4) knowingly and voluntarily assume all risks associated with selection, purchase, redemption, and/or participation in any Experience.
Notwithstanding your agreement to accept all risks associated with the Experience you have booked, if you have appeared for your Experience at your scheduled time, date, and location, you or any other participants may decline to participate in the Experience if you or they decide at such time that the level of risk is too great or that the safety standards exhibited or explained by the Partner offering such Experience are not acceptable to you. In these circumstances, you must notify the Partner immediately that you will not participate in the Experience and explain your reason for declining to participate. Funsherpa may work with you to rebook the same (or a similar) Experience at our sole discretion, based on the nature of the safety issue. If you become aware of a safety issue in advance of your participation in any Experience, please contact Funsherpa in accordance with the exchange and rebooking policies and procedures explained in these Terms and Conditions.
Complaints about an Experience
You must notify Funsherpa (through our Customer Service Line) as soon as reasonably practicable of any complaints regarding an Experience in which you have participated. If possible, please also notify the Partner of any complaints during your Experience during or immediately following the Experience. Funsherpa is not obligated to address complaints that are not brought to our attention in a timely manner.
You agree to defend, indemnify, and hold harmless Funsherpa, its licensors, licensees, Partners, and other suppliers and their respective parents, subsidiaries, and affiliated companies, and the officers, directors, shareholders, employees, and agents of all such entities, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, without limitation, reasonable legal and accounting fees, brought by you or any third parties (collectively, “Claims”) arising out of or resulting from: (1) your use of the Funsherpa service; (2) your participation in an Experience offered by funsherpa.com, regardless of whether your Claim is based in tort, strict liability, or any other legal theory; (3) your violations of these Terms and Conditions; (4) your violation of any law or the rights of any third party; and (5) your use of the Funsherpa website.
Limitation of Liability and Release
FUNSHERPA, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) IN CONNECTION WITH THE CONTENT OF THIS WEBSITE, ANY EXPERIENCE, YOUR USE OF FUNSHERPA.COM AND/OR OUR CUSTOMER SERVICE LINE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. FUNSHERPA ACCEPTS NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, FUNSHERPA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OF ITS LICESNORS, LICENSEES, PARTNERS AND/OR EXPERIENCE PROVIDERS, SUPPLIERS, MARKETING PARTNERS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS AND/OR EMPLOYEES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR USE OF ANY EXPERIENCE. FUNSHERPA HAS NO LIABILITY AND WILL MAKE NO REFUND FOR SUCH DAMAGES OR EXPENSES.
WHILE FUNSHERPA HAS MADE AND SHALL CONTINUE TO MAKE REASONABLE EFFORTS TO ENSURE THE ACCURACY AND COMPLETENESS OF THE INFORMATION CONTAINED ON WWW.FUNSHERPA.COM, ANY BOOKING NUMBER, OR OTHER MATERIALS OR COMMUNICATIONS TO YOU, SUCH INFORMATION AND COMMUNICATIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FUNSHERPA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF SUCH INFORMATION OR COMMUNICATIONS OR ANY SOFTWARE, PRODUCTS, OR SERVICES MADE AVAILABLE ON THE FUNSHERPA.COM WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS RELATED THERETO. ALL SUCH INFORMATION AND COMMUNICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUS.
BY PURCHASING, REDEEMING, BOOKING AND/OR PARTICIPATING IN AN FUNSHERPA EXPERIENCE, YOU HEREBY RELEASE AND FOREVER DISCHARGE FUNSHERPA FROM ANY AND ALL LIABILITIES, LOSSES, CHARGES, CLAIMS, COSTS, DAMAGES, INJURY AND ACTIONS, IN LAW OR EQUITY, THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES HAVE OR MAY IN THE FUTURE HAVE BY REASON OF ANY ACT, OMISSION, MATTER, CAUSE OR OCCURRENCE, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH A PARTICULAR EXPERIENCE.
DESPITE THE LIMITATIONS AND RELEASE ABOVE, IF FUNSHERPA.COM IS FOUND LIABLE FOR ANY LOSSES OR DAMAGES WHICH ARISE OUT OF, OR ARE CONNECTED IN ANY WAY WITH, ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF FUNSHERPA SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIMITED TO, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT PAID FOR THE EXPERIENCE GIVING RISE TO YOUR ORIGINAL CLAIM, OR (B) ONE HUNDRED DOLLARS (US $100.00). YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATION OF LIABILITY AND RELEASE PROVIDED IN THESE TERMS AND CONDITIONS INURE TO THE BENEFIT OF FUNSHERPA AND SHALL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH FUNSHERPA FOR ANY REASON.
If any provision of these Terms and Conditions is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected thereby. The failure of you or Funsherpa to enforce any provision(s) of these Terms and Conditions shall not be construed to be a waiver of such provision(s) or the right of you or Funsherpa with respect thereto. Funsherpa disclaims all responsibility for any errors stated herein, on the funsherpa.com website, or in any other documentation or other information provided by Funsherpa or its marketing partners, which errors are subject to correction (including the removal of content from this website and these Terms and Conditions).
These Terms and Conditions will be governed in all respects by the laws of the State of Illinois, without regard to the conflicts of law principles thereof. You and Funsherpa agree to work together in good faith to resolve any disputes promptly. Any disputes arising under these Terms and Conditions that are not settled shall be resolved by a state or federal court of competent jurisdiction located in the State of Illinois, U.S.A. You hereby irrevocably submit to the exclusive jurisdiction of such courts.
“Funsherpa” is a trademark of Funsherpa, LLC and protected by United States law. Funsherpa.com, its Vouchers and the websites to which it is linked may feature other graphics, logos, text, pictures, trade names, and Experience names that have been trademarked or copyrighted by Funsherpa and/or its Partners and marketing partners. Copyrighted and trademarked material is protected under United States (and/or, if applicable, international) law and may not be used, in whole or in part, without the express written consent of the party that holds such copyright and/or trademark.