SIMPLYPENNY LLC

BOOKING AGREEMENT

SimplyPenny LLC, a New York limited liability company (hereinafter “SimplyPenny”, “we”, “us”, “our”) arranges various wellness and training tours. As part of our booking terms, we require each of our clients (hereinafter “traveler”, “you”) to agree to these Terms and Conditions.

CONTRACT. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions. Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses, all of which affect your legal rights. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you, or members of your family, is true and correct.

VIOLATIONS BY YOU. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel-related product or service.

CHANGES TO THESE TERMS AND CONDITIONS. SimplyPenny reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making any material changes, we will notify you via the email address you provide for us at booking. The current terms will apply to your booking.  You must therefore be familiar with the terms in effect at the time you book.  Your continued use of our services, including continuing to use or maintain any bookings after notice of any changes to the terms and conditions, constitutes your consent to the changes.

‍SCOPE/AGENCY. SimplyPenny does not provide, own, or control the travel services and products that are provided as part of your tour, such as wellness suppliers, activities, meals, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by third parties (the “Suppliers”).  The Suppliers are responsible for the Travel Products. The Supplier’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk. SimplyPenny does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that SimplyPenny acts only as agent for the traveler in acquiring transportation, hotel accommodations, sightseeing, wellness activities, and other privileges, or services for the travelers’ benefit, and on the express condition that SimplyPenny shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.

BOOKING/PAYMENT.  When booking, you will pay a non-refundable deposit and planning fee, if any, and provide us with information about yourself.  Your booking will be confirmed on receipt of the completed registration information, and the payment of the non-refundable deposit. After booking you will receive your itinerary with other important travel information.  Deposits are NON-REFUNDABLE, unless stated otherwise in the terms and conditions of the Supplier.

Bookings do not include airfare, and you must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the Supplier and subject to its terms. We will not be liable for any change fees or cancellation fees or other additional cost you incur with the Supplier.

Upon booking, we will provide you with instructions for payments and all due dates.  You must make all payments in full and on time.  If you are booking within 60 days of the departure date, full payment will be due at the time of booking confirmation. If full payment is not received by the final payment date on your invoice, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your travel.  In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.

‍Once payment for your tour is processed, you will receive (i) a receipt, and (ii) a checklist of items for you to review travel documents.  Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.

CREDIT CARD BOOKINGS. While we and our Suppliers do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click authorization for every transaction for your tour. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. SimplyPenny retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

‍ ·           Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.

‍ ·           Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.

‍ ·           Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.

‍ ·           Chargebacks resulting from force majeure or other circumstances that are beyond the control of SimplyPenny or the Supplier.

‍ ·           Chargebacks resulting because you do not agree with the cancellation policy.

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PRICE AND RATE CHANGES.  The price of your itinerary will be based on known costs at the date of issue of the itinerary.  All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time.  Prices include a cost for fuel and local taxes that are estimated at the date of this publication.  At the time of booking confirmation, we will provide you with an invoice reflecting the current price and particular inclusions.

‍ We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment.  Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from transportation charges (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), dues or taxes payable locally, currency fluctuations and government action, any other airline surcharges, taxes, or fees payable for services. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward a new invoice reflecting any changes made. After final payment your price is locked in.

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We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.  We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

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WHAT’S INCLUDED

‍ Accommodations

‍ Accommodations are provided as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, must be made at the time of booking.  While we will make reasonable efforts to communicate your requests to the Supplier, such requests are not guaranteed and are at the discretion of the Supplier. There may be additional charges for such requests which will be solely the expense of the traveler making the request.

Travelers should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States.  This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility. 

SimplyPenny reserves the right, if necessary, to substitute other similar hotels for hotels listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings. Should an overbooking occur, we will undertake to find similar accommodations in the same area. Such substitutions are at SimplyPenny’s sole discretion, and no refunds will be offered for changes in accommodations.

While we exercise due diligence in the selection of our Suppliers, hotel and other accommodation profiles are based on information provided to us by the Supplier.  This includes images and descriptions of the properties and rooms.  Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ.  While SimplyPenny does its best to maintain current and accurate information regarding these Suppliers, we cannot be held responsible for any inaccuracies in Supplier descriptions, amenities, or images.

Daily Fitness, Meditation, Workshops and Other Activities

‍You will be able to enjoy all these activities as listed on your itinerary.  These activities are designed to accommodate individuals as well as groups.  As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences.  Activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available.

Coaching

If you are participating in a tour which includes coaching, your itinerary will include wellness encounters with a coach to assist you in discovering the keys to a healthy, happy relationships.  Coaching sessions will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available.

Meals

Meals are as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, SimplyPenny and its representatives cannot be responsible for directly accommodating any food allergies or dietary requirements and restrictions and is not responsible for any issues or problems associated with the same. We will advise Suppliers of your request, but we cannot guarantee their availability.

Changes to Itineraries

SimplyPenny reserves the right to make changes to its published itineraries which we deem non-material and are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services.

‍While no changes are anticipated, there may be occasions when certain alterations become necessary.  These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. SimplyPenny reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites.  No tours will be cancelled due to renovations, although SimplyPenny may choose to amend itineraries for such sites.  These changes will not be considered a material change and will not be considered cause for cancellation by the guest.

If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement.  In such a case you will be subject to the terms and conditions of the Supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.

WHAT’S NOT INCLUDED. Any items and matters not referred to in your itinerary are not included in the tour price. This can include, but is not limited to, items such as international and domestic airfare, checked and/or excess baggage; transfers, passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; optional experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.

‍NON-OPERATION OF TOURS. All tours are based on a minimum number of participants.  SimplyPenny makes every effort to ensure that tours meet their minimum requirements.  However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of SimplyPenny.  In such case, guests will be advised at least 45 days prior to departure.  SimplyPenny reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements.  You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided.  Any air cancellation or accommodation cancellation will be in accordance with the terms of the Supplier, and SimplyPenny will not be liable for the Supplier’s refusal to make any refund whatsoever. In such case SimplyPenny will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the traveler in anticipation of the tour.

CANCELLATION. Cancellation of travel must be made in writing and is effective from the date we receive the written notification.  SimplyPenny incurs costs with the Suppliers of your      tour well in advance of your      tour date. All Suppliers have their own cancellation policies, which apply to your booking.  Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier’s terms and conditions.  If you are entitled to a refund, please note that the Supplier is responsible for this refund, not SimplyPenny. Suppliers may choose to provide a travel voucher or credit in lieu of refund.  We are not responsible for a Supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

‍In addition to the terms of our Suppliers, you should consult your individual itinerary for applicable cancellation fees.

If the reason for cancellation is covered under the terms of your travel protection plan, you may be able to reclaim these charges. For this reason, we require the purchase of a travel protection plan including additional cancel for any reason coverage.

Airline tickets are governed by the Supplier’s terms, and we are not responsible for any air carrier’s or accommodation’s decision regarding refund.

CHANGES AND CANCELLATION BY THE SUPPLIER. We will inform you as soon as reasonably possible if a Supplier needs to make a meaningful change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you.

If between planning time and/or during actual travel, circumstances require changes, SimplyPenny, and its Suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to wellness Suppliers, outdoor activities, meals, and/or other events make such alterations necessary. Suppliers may substitute services depending on any variety of factors, including the volume of travelers on the tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as historical sites, museums, churches, restaurants, sightseeing, and shopping may be limited or not available, weather may also impact the ability of some suppliers. Alternatives will be offered whenever possible. SimplyPenny cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.

‍NO REFUND FOR UNUSED ARRANGEMENTS.  As SimplyPenny’ prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the tour is in progress, there is no refund for the unused portion.

FORCE MAJEURE. SimplyPenny assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other Force Majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by SimplyPenny that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to Force Majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by SimplyPenny. SimplyPenny shall always be entitled to retain the initial deposit.

‍TRAVEL PROTECTION. It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is required. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase and copies of said policies must be provided to SimplyPenny a minimum of sixty (60) days prior to the date of departure.  Failure to purchase a Travel Protection Plan, including cancel for any reason coverage, may result in the cancellation of your trip.

SimplyPenny is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. SimplyPenny cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, contact your insurer or insurance agent or broker.

‍Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. SimplyPenny cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses however arising, for which trip protection plan coverage would otherwise have been available. 

DESTINATIONS AND DOCUMENTATION.  Travel to certain destinations may involve greater risk than others. SimplyPenny urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, SimplyPenny will not be liable for damages or losses that result from travel to such destinations.

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids.  As of May 7, 2025, you will be required to present a REAL ID compliant form of identification for boarding a domestic flight.

‍SimplyPenny strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation.

Recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to the      tour. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings tours.  SimplyPenny bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

INSECTICIDE NOTICE.  Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray.

NON-RESPONSIBILITY. SimplyPenny, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, wellness activities, sightseeing, activities, meals, and all other services related to this tour. SimplyPenny is an independent contractor and is not an employee, agent, or representative of any of these suppliers. SimplyPenny does not own, manage, operate, supervise, or control any transportation, vehicle, wellness provider, or restaurants, or any other entity that supplies services related to your tour. All Suppliers are independent contractors and are not agents or employees or representatives of SimplyPenny. By utilizing the services, all travelers agree that neither SimplyPenny, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of SimplyPenny. SimplyPenny assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; SimplyPenny assumes no responsibility or liability for personal property; and SimplyPenny shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. SimplyPenny accepts no responsibility for lost or stolen items. SimplyPenny reserves the right to refuse any traveler or potential traveler at its sole discretion.

‍ASSUMPTION OF RISK/WAIVER.  Traveler is aware that all travel including wellness travel may involve inherent risks. Inherent risks include, but are not limited to, risk of injury or death from: participation in wellness and health activities for which one in not prepared, the negligence of the traveler in performing wellness activities and/or the negligence of the supplier, or expert providing the wellness service, motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, wellness experts, other travelers, SimplyPenny and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical exertion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

‍Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.  In order to partake of the enjoyment and excitement of the tour, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of SimplyPenny and agrees to and shall hold harmless and fully release SimplyPenny its owners, members, agents and assigns (together “SimplyPenny Parties”)) from any and all claims associated with the tour, including any claims of third party negligence and/or the negligence of any SimplyPenny Parties and traveler hereby covenants not to sue any SimplyPenny Parties for any such claims or join any lawsuit or action that is suing any SimplyPenny Parties. These Terms and Conditions also bind your heirs, legal representatives, and assigns.  The terms of this paragraph, shall survive any termination or cancellation, whether by operation of law or otherwise.

NOT A HEALTH CARE OR MEDICAL/MENTAL HEALTH SERVICES PROVIDER

Although SimplyPenny provides its services with your  health and wellness in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by SimplyPenny, and obtain appropriate authorization before participating, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL SIMPLYPENNY SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL, MENTAL OR OTHER HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available by SimplyPenny should not be relied upon when making medical or other important healthcare decisions. SIMPLYPENNY DOES NOT PROVIDE CLINICAL SERVICES. ANY SIMPLYPENNY EMPLOYEES FEATURED IN ANY SIMPLYPENNY ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND NOT SIMPLYPENNY, OUR EMPLOYEES, AGENTS AND/OR THIRD-PARTY SERVICE PROVIDERS – IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY SIMPLYPENNY SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND SIMPLYPENNY OR YOU AND ANY EMPLOYEE, OR AGENT. SimplyPenny cannot be made responsible for any delay, default, failure, improper services / deficiency in services provided by any wellness provider and/or for any injury, accident, death, sickness, discomfort, emotional pain or suffering, loss, or damage of any kind whatsoever, which may arise due to any act of negligence, deficiency, or default in services, of SimplyPenny our employees, agents and/or third-party wellness provider.

‍TRAVELER ACKNOWLEDGES AND AGREES THAT SIMPLYPENNY DOES NOT PROVIDE ANY GUARANTEE, OR WARRANTY FOR WELLNESS SERVICES OR PRODUCTS, OR FOR THE SUCCESS OF ANY SERVICE OR PRODUCT. THEREFORE, USER AGREES TO INDEMNIFY AND HOLD SIMPLYPENNY LLC ITS MEMBERS, EMPLOYEES, AGENTS, AND ASSIGNS (TOGETHER “SIMPLYPENNY”), HARMLESS FOR WELLNESS SERVICES AND PRODUCTS PROVIDED BY SIMPLYPENNY, OR FOR TRAVELER’S FAILURE TO ACHIEVE DESIRED WELLNESS OUTCOMES. THEREFORE, TRAVELER HEREBY AGREES TO INDEMNIFY AND HOLD SIMPLYPENNY HARMLESS FOR ANY AND ALL CLAIMS OR ACTIONS WITH REGARD TO WELLNESS SERVICES OR PRODUCTS PROVIDED BY SIMPLYPENNY, OR FOR THE FAILURE OF THE TRAVELER TO ACHIEVE DESIRED WELLNESS OUTCOMES.

Further, SimplyPenny may provide you with third-party recommendations for such services as photography, business, legal, financial, health, or other related services to utilize either during or after the tour. You agree that these are only suggestions and SimplyPenny will not be held liable for the services provided by any third party to you. SimplyPenny is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third party.

Any testimonials or examples shown through our website are only examples of what may be possible for you. There can be no assurance as to any particular outcome based on the participation in any tour.

INDEMNIFICATION. Each traveler is expected to act responsibly and adhere to all behavior guidelines established by SimplyPenny and our local Suppliers. We and our local Suppliers reserve the right to remove you from any      tour if you endanger yourself or others or disrupt the general well-being of the      tour itself. In any such case, there will be no refund, and we will not be responsible for any additional costs incurred by you.

‍Traveler agrees to and shall indemnify and hold harmless the SimplyPenny Parties, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “Damages”) involved with or incurred by any of the SimplyPenny Parties (including, without limitation, reasonable attorneys’ fees) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) any damage caused by traveler while participating in the tour.

PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility.

It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. SimplyPenny will communicate requests to Suppliers but cannot be responsible if ADA accommodations are not available.  Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.

‍Our Suppliers may be unable to offer additional assistance to travelers with limited mobility, and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify SimplyPenny at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

‍SimplyPenny reserves the right to exclude anyone from any tour for any reason or no reason.

PHOTOGRAPHIC/VIDEO LIKENESS & TESTIMONIALS. Traveler hereby gives consent to SimplyPenny to publish any photographs, videos, or Traveler testimonials of Traveler in printed or electronic media without obtaining Traveler’s further consent and without compensation. Each Traveler releases SimplyPenny and its representatives from any liability in connection with any use of such photographs, videos, or testimonials.

NON-SOLICITATION & OTHER RESTRICTIONS. Traveler agrees not to solicit, sell, or self-promote during a tour other than materials that have been approved in writing by SimplyPenny. Persons or businesses donating items or services for the gift bags may have their business card or brochure attached to the item, provided that such materials are pre-approved by SimplyPenny in writing. Traveler is prohibited from selling or transferring Traveler’s space in the tour or any tour materials without SimplyPenny’s prior written consent. Traveler may not retrieve another participant’s contact information for purposes of solicitation. If you post on social media or share your experience or attendance, you may not falsely claim or portray that the tour, event, or retreat is your own. You may not record or photograph any training, presentations, or workshops during the tour unless you have received the prior approval of SimplyPenny.

ELECTRONIC OR HANDWRITTEN SIGNATURE. Both parties agree that you may accept and agree to these terms electronically, by handwritten signature, via email acceptance of these terms or by your implied consent deemed by your actions, which shall include, without limitation, the payment of any invoice or transfer of credit card information for payment.  All such means constitute effective acknowledgement and execution of these Terms and Conditions, as fully constituted, and shall be sufficient to bind the parties to the terms herein.

‍INTELLECTUAL PROPERTY RIGHTS.      Traveler acknowledges and agrees that SimplyPenny owns all logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained on its website and in any materials provided to you during the tour. These intellectual property rights include, without limitation, copyrights, patents, trademarks, and all proprietary or other rights arising thereof. Traveler agrees that it has no right, title, or interest in or to any of these intellectual property rights.

GOVERNING LAW/JURISDICTION/CLASS ACTION WAIVER/NOTICE OF CLAIM. This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in New York. You agree that you will only bring claims against SimplyPenny in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. SimplyPenny shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against SimplyPenny unless you have first provided a typewritten notice of claim to SimplyPenny within 30 days after the tour or cancellation of the tour.

ENTIRE AGREEMENT & SEVERABILITY. This agreement, including any other documents, including invoices, we provide you, and the terms and conditions of our suppliers, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to SimplyPenny. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.