Terms and Conditions

Terms & Conditions

Orange York LLC is an independent contractor company acting as a mere introductory guide between the clients and third parties listed but not limited to: wholesale stores, independent designers, high-end retail stores, museums, consignments stores, art galleries/art studios/artist ateliers, independent artists, or any place providing goods or services introduced by us. Orange York doesn't participate in any of the activities mentioned above. Orange York does not guarantee the availability of stores, galleries, or ateliers, the availability of specific pieces, colors, sizes, customization, etc. Negotiation of the prices on goods and services, promotions, invoices, shipping and handling, customized items, etc should be handled by the client and the third party directly. Orange York doesn't guarantee the authenticity of products/art involved in any service provided or introduced by Orange York. Orange York is not involved in any of these regardless of any previous, current or subsequent agreement of Orange York with the business, wholesale stores, independent designers, high-end retail stores, museums, consignments stores, art galleries/art studios/artist ateliers, independent artists, or any place providing goods or services introduced Orange York in the form of remuneration, gratuity, discount, promotion, gift, etc.

Orange York LLC is not responsible nor liable for any delay in the shipping of goods, promotions, discounts of the stores, break or defect of the goods acquired at the time of the tour as well as before or after, or any other incident which may be caused by the negligence, defect, default of any company or individual during the time of the tour or after. Said this, we would like to be notified if any of these happen as we expect the third parties we choose for our itinerary to excel in customer service. We reserve the right to visit specific stores, galleries, studios, etc for not accomplishing the minimum bare required customer services provided to Orange York clients. We reserve the right to refuse/cancel a service without any reason.

ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY, AND WAIVER OF LEGAL RIGHTS

In consideration of being allowed to participate in the Activities (as defined below) purchased from Orange York LLC, I hereby understand and agree to this ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS to the terms hereof as follows:

Acknowledgment of Risk

Risks: There are certain inherent risks involved here. These include, but are not limited to: walking, and climbing stairs and clients assume all such risks with regard to these possibilities.
I acknowledge that I have voluntarily agreed to purchase an Activity or Activities (as defined below). Activities covered by this document include: ground transportation, visits to places listed but not limited to stores, studios, ateliers, galleries, museums, hotel and other accommodations, restaurant reservations, and other food and beverage packages, tours, excursions, and other services and activities, and any other recreational activities sold by the Released Party (separately, each an “Activity” and collectively, the “Activities” ALL Activities are operated and provided by various third party suppliers and NOT the Released Party. I understand that I am prepared to assume all risks associated with this Activity including but not limited to: forces of nature; terrorism; civil unrest; war; accidents; and transportation.

By booking a tour at this time, I acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk myself, that I may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your travel. I acknowledge that exposure to such viruses or diseases is an inherent risk of traveling that cannot be controlled or eliminated by the Released Party.

I acknowledge that due to the uncertainty of travel at this time, my tour may be postponed or canceled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. I may also be required to quarantine upon arrival in some locations. Some locations may require me to have a vaccination or proof of negative testing. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I agree to take full responsibility for my own actions, safety, and welfare.

Assumption of Risk

The Activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care and steps of Orange York (as defined herein) or third-party supplier who is operating and providing Activity(ies) have taken to avoid injuries. I acknowledge that the same elements that contribute to the unique character of these activities can cause loss or damage to my equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability, or death. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH, ECONOMIC LOSS, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I hereby assert that my participation in an Activity(ies) is voluntary and that I knowingly assume all such risks, including those risks not specifically identified. I further understand that I am ultimately responsible for my own safety. Every term and provision of this ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS are intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS is entered into voluntarily, after careful consideration and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children and other family members.

Limits on Responsibility

Orange York, its employees, officers, directors, successors, agents and assigns, does not own or operate any entity which is to or does provide goods for your trip. Orange York may purchase transportation and other services from various independent suppliers (including from time to time other affiliated Orange York companies. All such persons

and entities are independent contractors. As a result, Orange York is not liable for any negligent or willful act of any such person or entity or of any third person.

Orange York, acts solely as an agent for the client with respect to all transportation, and other tour arrangements. In that capacity, Orange York exercises all reasonable care possible to ensure the traveler's safety and satisfaction, but, Orange York neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any, automobile, motor or other conveyance, food poisoning, mechanical or other failures of transportation, or for the failure of any transportation mechanism to arrive or depart on time or the actions of any third-party involved in carrying the traveler or in affecting these tours. Orange York is not responsible for damages, additional expenses, or any other losses due to cancellation, delay or other changes or other services, sickness, weather, strike, war, civil disturbances, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God or other causes beyond its control. All such losses must be borne by the traveler, and tour rates provide for arrangements only for the time stated.

Orange York is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete, or expired client documents.
I release any responsibility In the event of cancellation, delay or rescheduling mandated by any of the aforesaid causes beyond Orange York's control.

Orange York reserves the right to make alterations to the tour itinerary and to substitute activities if this is required. Orange York reserves the right to cancel, delay, or reschedule any tour prior to departure, and, so long as this is not due to any of the aforesaid causes beyond our control.

Release

I (and on behalf of my spouse, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively “Successors”)) take full responsibility for, agree to forever release, hold harmless, and discharge third parties Orange York, its owners, officers, affiliated companies, suppliers, promoters and partners, venue and hotel operators, agents and employees (collectively, the “Releasees”) from any and all liability, claims, demands or causes of action that I may hereafter have for injuries, loss or damage to person or property, death, delay, inconvenience, or damages arising out of my participation in an Activity(ies), included, but not limited to, losses CAUSED BY THE NEGLIGENCE OF RELEASES. Furthermore, without limitation, Orange York a is not responsible for, and will pay no compensation or refund for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, epidemics, pandemics, quarantine, acts of government, criminal or terrorist activities of any kind.

I acknowledge and realize that by agreeing to this ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, I am waiving and contractually agreeing to waive all of my rights to sue, make a claim and/or bring any type of action for any loss against any of the entities, individuals, as set forth above and described herein.

I fully understand that this is a contract pursuant not to bring any action including claims I might have for the ordinary negligence and/or carelessness of Orange York LLC. This release is for any type of claim, including any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my participation in an Activity(ies) or use of any equipment or facilities, or travel to or return from the activity including any claims for the negligence of Orange York. I further say that I am at least 18 years of age.

Indemnification

I agree to hold harmless, defend, and indemnify Orange York LLC from all defense costs (including attorney fees, court costs and investigative costs) incurred in connection with all claims arising out of property damage, property loss or theft, personal injury, disability, death or other loss brought by or on behalf of me, a family member, my estate; as well as claims of co-participants, rescuers, spectators, or any other person or entity, including third-party claims, arising from or relating to my use of the equipment, facilities, and/or participation in the activity, including claims that Orange Yo Party was negligent.

Health Safety

I agree it is my sole responsibility to be familiar with Orange York rules, guidelines, special regulations, and other instructions for the Activity. I understand and agree that situations may arise during the activity that may be beyond the immediate control of Orange York. I will follow all safety rules, guidelines, applicable laws, and other instructions given. I have no physical or medical condition that to my knowledge would endanger others or myself if I participate in this activity or would interfere with my ability to participate in this activity. I grant Orange York permission to treat me (or the minor) in case of illness, injury, emergency or accident, including administering first aid, CPR or arranging emergency transport. Should emergency medical services become necessary, I understand that the expenses are my responsibility and not that of Orange York. I understand that personal medical and travel insurance are required by all participants of Orange York.

Client Representations: The client represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. Orange York reserves the right to decline to accept anyone on a trip. Orange York reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.

Governing Law

This ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS is governed by the laws of the State of New York without regard to conflict of law provisions.
Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in New York, US, in accordance with the rules of the Arbitration Association then existent.

I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND FULLY UNDERSTAND ITS CONTENTS. I ENTER IT OF MY OWN FREE WILL.

We reserve the right to terminate the tour without any notice if the Orange York client is not complying with our terms and conditions.