Terms of Service and Conditions.
The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this contract and accepting Joshua Tree Picnic’s Terms and Conditions. “Ourselves,” “We,” and “Us,” refers to Jennifer Gladysz and/or Joshua Tree Picnic. “Party,” “Parties,” or “Us,” refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Because our services are evolving over time, We may change or discontinue all or any part of our services, at any time and without notice, at our sole discretion. By booking your picnic, you are saying you understand and agree to these terms.
SERVICES
Joshua Tree Picnic designs and creates luxury picnic accommodations to locations in and surrounding Joshua Tree, CA 92252. You understand and acknowledge that information listed in this contract related to each picnic including descriptions and photographs are for informational purposes only and are not guaranteed to look the exact way they are shown on our website or social media platforms. Each picnic experience will be different. Each of the locations used in connection with the picnics may employ their own rules, conditions, waivers and other obligations with which You must comply, including alcoholic beverage and food consumption restrictions. You understand and acknowledge that You have complete oversight over Your person and property throughout Your participation in any picnic related activities and as such release Us from all liability related to activities that are wholly under Your control.
You understand and acknowledge that due to circumstances beyond our control, We may be required to change vendors used as add-ons from time to time; if such a change results in a material change to the nature or type of food or rental items included in a picnic experience purchased by You, We will contact You promptly of the substituted food/items. Notwithstanding anything to the contrary in these Terms and Conditions, in the event that such substituted food or items are not acceptable to You for any reason, You may not obtain a refund for Your purchase, but You may schedule a different, comparable picnic experience at the sole discretion and approval of Joshua Tree Picnic.
PAYMENT
Upon reading and agreeing to this contract, You agree to pay a non-refundable charge of $249 plus $50 per guest over 2, up to 8 guests total (USD) plus cost of add-ons to secure your picnic date and time and a picnic for two (2) hours.
Add-ons must be requested and paid for at time of booking.
Wine add-on will be paid directly to Wine & Rock through a secure link on their website.
All payments are non-refundable and non-transferable. In the event Client fails to remit payment as specified, Joshua Tree Picnic shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and no longer assist Client. All fees and expenses associated with your picnic booking must be paid in full prior to your picnic experience. You agree to pay for any damages incurred during Your picnic experience, including but limited to broken items, soiled items, unreasonable clean up, etc.
CANCELLATION, REFUND, & DAMAGES POLICY
Joshua Tree Picnic does not offer refunds for any picnic once payment has been received (except in case of extreme bad weather).
Should You need to reschedule Your picnic for any reason, You must do so within 30 days of your scheduled picnic date.
If You miss a scheduled picnic for any reason, and You have not already undertaken to reschedule the picnic with Joshua Tree Picnic in accordance with these Terms and Conditions, the picnic will be considered forfeited and all payments You have made in connection with such picnic shall be surrendered.
Your use of any information or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific requirements.
Should any items used during your picnic experience provided by Joshua Tree Picnic be damaged, We reserve the right to collect charges associated with damage or extra cleaning. You will be sent an invoice for damaged items and expected to pay said invoice within five (5) business days from the invoice date.
All reservations are weather permitting. High Desert weather is often unpredictable and ever changing. In the event of rain in the forecast (very rare), we will do all we can to accommodate a dry picnic either by moving the picnic indoors or by rescheduling you to another day and time. In the event of high winds in the forecast (less rare), we will do all we can to accommodate your picnic either by moving the picnic indoors or by rescheduling you to another day and time.
We will contact You if weather becomes an obvious concern and impact. If no reasonable accommodation or change can be agreed upon, We will gladly refund Your picnic. If Your picnic is underway at all, You will Not be refunded due to changes in weather during the scheduled time of Your picnic.
IMAGE RELEASE
In the event that photographs of Your Picnic Package have been taken and shared either on social media or with Us, Joshua Tree Picnic reserves the right to use such photographs in its promotional materials.
CODE OF CONDUCT
By purchasing a picnic experience, You agree that You will conduct Yourself in an appropriate manner throughout the course of Your participation. You agree that You will not engage in activity or behavior that:
1. (a) is untrue, inaccurate, defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. violates the rules or codes of conduct of the location, including excessive intoxication or consumption of alcoholic beverages when consumption of alcoholic beverages is expressly forbidden;
3. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; and
4. advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).
We cannot and do not assure that other participants or other visitors of Your location are or will be complying with the foregoing Code of Conduct or any other provisions of these Terms and Conditions, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
You agree not to touch, climb on, hang anything from any Joshua Trees. They are endangered and protected and more fragile than they appear.
Assumption of Risk
During the course of Your use and enjoyment of any Picnic Package, You may face certain risks and hazards, both foreseeable and unforeseeable. These risks and hazards include, but are not limited to, the following: travel and navigation in difficult terrain and inclement weather; inadequate food and/or water supplies; accidents or collisions involving planes, trains, automobiles, or other modes of conveyance; acts of terrorism, vandalism or war; storms, earthquakes or other natural disasters; government restriction or regulation; theft or other criminal acts; and accident or illness in remote locations without access to medical facilities. These risks and hazards may result in serious physical injury, sickness or death, and damage to, or loss or destruction of property, and no guarantee can be made that the Company or others can provide assistance if any of the forgoing result. You hereby acknowledge that Your use of a Picnic Package involves inherent risks of physical injury, illness, death and/or damage to or loss of property, that Your participation is entirely voluntary and that You elect to assume all such risk and use the Picnic Package and engage in associated activities with full knowledge of the inherent risks.
You agree that you understand you are entering a desert environment, with certain risks involved, including but not limited to, rattlesnakes, bees, spiders, scorpions, heat, uneven ground, rocks and boulders.
Indemnification
You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and partners harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys' fees, made by any third party due to or arising out of any content or information You submit, post, transmit, modify or otherwise make available on this website or to third parties with whom You are in contact via this website, including but not limited to any confidential information, Your violation of this Terms and Conditions, or Your violation of any rights of another.
Remedies
Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.
Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY AND, IN PARTICULAR, DOES NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE COMPANY’S SERVICES, OR AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR SERVICES.
IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION OR ONE HUNDRED DOLLARS ($100.00). THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Force Majeure
Neither the Company nor vendors or services used by the Company in the dropping off of the Picnic Packages, if any, shall be liable due to causes beyond the control and without the fault or negligence of such party. Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the party failing to perform. Such party will inform You of any Force Majeure event as soon as practicable after its occurrence.
AMERICANS WITH DISABILITIES ACT
Joshua Tree Picnic regretfully makes no warranty or representation as to whether or not the picnic locations or any of the activities comprising the picnic experience comply with the Americans with Disabilities Act (ADA) or any similar legislation. However should you have any special needs or requests for your picnic experience, please make this known upon booking and we will do our best to serve you.
INTELLECTUAL PROPERTY
You acknowledge that the services We provide as part of Joshua Tree Picnic are protected by copyright, trademark, trade secret and other laws of the United States. Except as expressly authorized herein, You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the website, mobile app, and any and all content produced by Us in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying any of Our products, services or in any of Our content.
You have a non-exclusive, revocable license to access any of Our content for Your personal use, including this website, on the express condition that You comply with the terms of these Terms and Conditions.
COVID-19 PRECAUTIONS
Joshua Tree Picnic wants our customers and guests to feel 100% comfortable. We place your health and safety as our top priority. Here are the steps we’re taking to help everyone feel safe:
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All tables, chairs, and containers are disinfected after each picnic and all linen napkins, cups and dishes are washed before and after each experience as well (as will always be our policy).
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Joshua Tree Picnic staff will wear face masks when setting up and tearing down picnics. We will continue social-distancing efforts when setting picnics up in public areas, even if it is not officially mandated. We cannot promise that your picnic area will be private as many of our locations are public.
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We make no assumptions or claims in connection with our vendors and add-ons regarding Covid 19 precautions and standards.
ELECTRONIC SIGNATURE
You agree that Your use of Our services constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement.
The terms of this agreement shall be binding upon the heirs and assigns of both parties. This is a non-refundable purchase. We can reschedule based on availability. By purchasing, you agree to our full terms of service.
Joshua Tree Picnic
Fully owned and operated by Jennifer Gladysz