Terms and Conditions (cont.)

NO LIABILITY FOR PROVIDERS OF SAMBA DAYS EXPERIENCES

All providers of Samba Days Experiences (collectively, the "Service Providers" and individually a "Service Provider") are independent and unaffiliated to Samba Days. Samba Days is not responsible for any matters related to the Service Providers, including without limitation, the actions or omissions of any Service Provider. Samba Days makes no warranties or representations OF ANY KIND, EITHER EXPRESS OR IMPLIED, regarding any Experience or the Service Provider thereof, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ALL SAMBA DAYS EXPERIENCES ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT SERVICE PROVIDER.

SAMBA DAYS SHALL NOT BE LIABLE, IN ANY EVENT, FOR ANY DAMAGES OF ANY KIND OR NATURE, WHETHER PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT OR INDIRECT, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY SAMBA DAYS EXPERIENCE OR THE ACTIONS OR OMISSIONS OF ANY SERVICE PROVIDER IN CONNECTION WITH THE SAME EVEN IF SAMBA DAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By purchasing and/or redeeming a Samba Days Experience Package or Samba Days Gift Card YOU HEREBY:

RELEASE AND FOREVER DISCHARGE SAMBA DAYS AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS, AND EMPLOYEES (collectively, the "Releasees") FROM ANY AND ALL CLAIMS, causes of action, damages, losses, liabilities, EXPENSES AND COSTS whatsoever THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE DUE TO ANY CAUSE WHATSOVER, including WITHOUT LIMITATION, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to THE ACTIONS OR OMISSIONS ON THE PART OF ANY SERVICE PROVIDER OR OTHERWISE ARISING IN CONNECTION WITH YOUR PURCHASE, REDEMPTION, BOOKING, CANCELLATION, EXCHANGE AND/OR PARTICIPATION IN A SAMBA DAYS EXPERIENCE
ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to participating in an Experience, even though such risks may have been caused by the negligence of the Service Provider, their officers, directors, employees, agents or other representatives;
HOLD HARMLESS AND INDEMNIFY THE RELEASEES from (i) all liability for any damage to the personal property of, or personal injury to, any third party resulting from your participation in the event and all related activities and (ii) any and all claims, demands, actions, and costs which might arise out of you participating in an Experience, even though such claims, demands, actions and costs may have been caused by the negligence of the Releases.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, SOME OF THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.

You may be required to execute a separate waiver and release of liability in form and substance satisfactory to the provider before being permitted to participate in the Experience.

PROVIDERS MAY OR MAY NOT BE COVERED BY LIABILITY AND/OR PROPERTY DAMAGE INSURANCE AND EVEN WHEN A PROVIDER MAY HAVE OBTAINED SUCH INSURANCE, YOUR PARTICIPATION IN THE PROVIDER'S EXPERIENCE MAY NOT BE COVERED BY SUCH INSURANCE.