SELECTED DEFINITIONS.

The terms “we”, “us”, “our”, and “Abracadabra” refer to Abracadabra Experiences LLC, a Delaware limited liability company. 

The terms “you”, “your”, and “Primary Registrant” refer to the person registering with us to attend Abracadabra! The Magic of YPO 2024 (the “Event”).

The term “Additional Registrant” refers to the immediate family members and caregivers registered by such Primary Registrant as part of their group.

The terms “Guests” refers to the Primary Registrant and the Additional Registrants taken together, and “Guest” refers to the Primary Registrant and/or the Additional Registrants as individuals.

The term “Spouse / Partner with Event Access” means an individual who has received an exception from Abracadabra allowing them to register for the Event.

CONTRACT. We draw your attention to the terms and conditions of the Event more fully described below (“Terms and Conditions”).  These terms and conditions form the basis of the contract with our Guests (“Agreement”).  Before registering with us, you must ensure that you have carefully read and understood the Terms and Conditions and have obtained satisfactory answers from us to any questions you may have had regarding such Terms and Conditions. If any Guest does not agree with these Terms and Conditions, they cannot access the Event. We highlight to you that according to the Terms and Conditions, your Guest Fees are non-refundable and non-disputable, and your Registrations are non-transferable. Please be aware that the Terms and Conditions contain waivers of liability, a cap on damages, and assumptions of risk as well as waiver of class action, venue selection and notice clauses. By registering and paying our non-refundable Registration Processing & Planning Fee, you are accepting all the Terms and Conditions and acknowledging that you have read them, understand them, and agree with them.

REPRESENTATIONS AND WARRANTIES.  You represent and warrant that (a) you are a member in good standing of YPO, Inc. or a spouse/partner with Event Access , (b) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (c) you have shared the Terms and Conditions with the Additional Registrants, are legally authorized to act on behalf of the Additional Registrants to accept these Terms and Conditions, and warrant and represent that the Additional Registrants have read, understand and agree with these Terms and Conditions, and (d) you are financially responsible for the obligations of all Guests, and (e) the information supplied by you is true and correct.

VIOLATIONS BY YOU. You agree that any violation of the Terms and Conditions may result in (a) the cancellation by us of the registrations of all Guests, (b) the forfeiture by you of any monies paid, and (c) the denial by us of access to the Event by the Guests.

CHANGES TO THESE TERMS AND CONDITIONS. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you register, to see if these Terms and Conditions have changed. Any Guest’s continued use of our services, including continuing to use or maintain any registration after any changes to the Terms and Conditions, constitutes said Guest’s consent to the changes.

REGISTRATION.  To register, complete the registration forms for the Primary Registrant and the Additional Registrants and pay the Guest Fees (as defined below) when due. Registrations are non-transferable and Guests shall not, under any circumstances, sell, gift, or otherwise transfer their registration for the Event.

GUEST FEES. 

To produce the Event at Disney, Universal, and Seaworld, we require a fee that depends on the type and age of each Guest as of the first date of the Event (“Event Fee”).  

Guest Type	Event Fee
Adults Children (Aged 21+) Nannies / Caregivers	$10,495.00 USD
Children (Aged 10-20)	$ 9,995.00 USD
Children (Aged 03-09)	$ 9,495.00 USD
Children (Aged 00-02)	$ 4,995.00 USD

To plan the Event and prepare for the arrival of the Guests, we require a non-refundable Registration Processing and Planning Fee of $1,495.00 USD per person (“Registration Processing and Planning Fee”).

Based on discussions with Disney, Universal, and SeaWorld, we are anticipating additional expenses associated with health and safety planning and compliance as well as incremental cost increases associated with preventive and protective measures required by those plans and requirements. Thus, we require a non-refundable $250.00 USD per person Health and Safety Compliance Fee (“Health and Safety Compliance Fee”).

The Event Fee, Registration Processing & Planning Fee, and Health and Safety Compliance Fee (collectively, “Guest Fees”) shall be NON-REFUNDABLE. 

WHAT’S INCLUDED IN THE EVENT.

Only-in-YPO Experiences on Thursday, Friday, Saturday, and Sunday mornings.  Our morning magic includes group transportation from the Grand Floridian Hotel and Spa (“Event Hotel”) to and exclusive or shared use of selected Disney parks or experiences with access to selected attractions, character experiences and food and beverages.

Exclusive Launchpad Lounge Experiences on Wednesday, Thursday, Friday, and Saturday late afternoons.  Our late afternoon magic includes our full group gathering with food, beverages, activities, and live entertainment.

Only-in-YPO Experiences on Wednesday, Thursday, Friday, and Saturday evenings.  Our evening magic includes group transportation to and from the Event Hotel and exclusive or shared use of selected Disney, Universal or SeaWorld parks or experiences with access to selected attractions, character experiences and food and beverages.

Only-in-YPO Experiences after hours on Wednesday, Thursday, Friday, and Saturday nights. Our night magic includes group transportation to and from and exclusive or shared use of selected Disney, Universal or SeaWorld parks or experiences with access to selected attractions, character experiences and food and beverages.

VIP Experiences of the theme parks during the day on Thursday, Friday, Saturday.  Our VIP magic includes a VIP guide to explore Disney or Universal parks. Your family will be paired together with one or more families based on the ages and interests of your children. Transportation between the parks, transportation to return to the Hotel, and park admission as required and as applicable is also included.

Mementos and memories. The Event includes numerous mementos and memories including selected welcome and farewell gifts together with photo and video recordings.

Airport transfers.  The Event includes airport transfers. There will be no refund for missed or unused transfers.  All Guests must provide us with their flight information no less than 21 days prior to departure to ensure transfers will be available.  If at any time a Guest’s flight plans change, said Guest must notify us immediately.  Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.

Many of these experiences are designed to accommodate Guests as well as other families.  As a courtesy to others participating in the experience, it is mandatory that Guests be on time for all scheduled experiences.  Experiences will begin on time and failure to arrive will be considered a no-show for which no refunds will be available.

WHATS NOT INCLUDED IN THE EVENT.

Hotel accommodations. Hotel accommodation is NOT included. We will assist you in arranging hotel accommodation at the Event Hotel at a later date to be announced. You must not make hotel reservations until we have provided you with instructions for doing so.

Personal travel to or from Orlando, Florida. Personal travel to or from Orlando, Florida, including airfare, is NOT INCLUDED. Guests are solely responsible for their personal travel. Guests must not make any air reservation until they receive confirmation of their registration. Guests’ contract for airfare is with the carrier and subject to its terms and conditions and we will not be liable for any change fees or cancellation fees, or other additional cost Guests incur with the air carrier. Due to continual changes in airline baggage policies, it is suggested that Guests inquire with their airline’s website for up-to-date fees and information. Abracadabra is NOT responsible for additional fees incurred for baggage or seating. Abracadabra advises Guests to personally re-confirm their flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow Guests to check in online 24 hours prior to departure.

Gratuities.

PAYMENT. 

Your Guest Fees are due at the time of registration.  If you elect to pay by credit card, your credit card will be billed immediately for the full amount of the Guest Fees.  If you elect to pay by wire transfer, you are eligible to take a 2.5% discount on the full amount of the Guest Fees when you pay within 48 hours. If you elect to pay by wire and you fail to pay the balance within 48 hours of your registration, your registrations are subject to cancellation.

If payment in full is not received by us when due, or if there are any chargebacks or issues with your payment for any reason, we reserve the right to cancel the registrations of all Guests and apply the cancellation policy set out in the cancellation section below in our sole, absolute, and unfettered discretion. In such case this would be considered a cancellation by you and the cancellation terms, conditions and fees described in the cancellation section below shall apply. 

WAITLIST.  If there are no available openings when you attempt to register, you will be presented with the option to join the waitlist (“Waitlist”).  If you choose to join the Waitlist, you must specify your intended Additional Registrants and pay your Registration Processing and Planning Fees in full. 

If you are offered the opportunity to register for the Event you will have 48 hours to accept or decline and that 48 hour period is in lieu of the right to cancel within 48 hours provided for in the cancellation section hereof.

If you accept, the balance of your Guest Fees shall be payable immediately and shall be non-refundable in the event you cancel any or all of the Guest registrations.  

Until December 15, 2023, you may cancel your Waitlist registration and receive a refund in full of your Registration Processing and Planning Fees. After December 15, 2023, if you cancel your Waitlist registration or decline your opportunity to register, you shall be removed from the Waitlist and not be charged any additional fees. If on March 15, 2024, you have not been offered the opportunity to register, your Registration Processing and Planning Fees shall be refunded in full.

Please contact concierge@magicofypo.org with any questions concerning registration or the Waitlist.

CREDIT CARD DISPUTES AND CHARGEBACKS. 

While we do accept major credit cards including Visa, Mastercard, American Express and Discover, the Primary Registrant must provide to us a click or signed authorization for every transaction for the Event. 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 dispute nor to make any improper chargebacks with credit card companies. By registering for the Event or the Waitlist, you accept and agree to these Terms and Conditions, including our cancellation policy. 

If you do file a dispute, whether intentionally or unintentionally, for any payment related to the Event, you understand that you are violating these Terms and Conditions and that you give permission for us to charge you a non-refundable $250.00 dispute fee (“Dispute Fee”) to the payment method used for your registration. Even if a dispute is made and then rescinded, you understand that you will, at a minimum, incur this Dispute Fee. 

In addition to the foregoing, in the event of an Improper chargeback as described below, we retain the right to impose a $500.00 non-refundable fee (“Improper Chargeback Fee”), and dispute any un-rescinded chargeback that is improper, and recover any costs, including attorney’s fees, related to improper chargebacks or any breach of the strict no-dispute provisions of these Terms and Conditions. The following chargeback scenarios are improper:

• Chargebacks resulting from non-cancellable registrations, bookings, or reservations, whether or not the same 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 regarding a supplier’s description of its products, services, events, programs, activities, etc.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of us or the supplier.
• Chargebacks resulting because you do not agree with the cancellation policy or any other provision of these Terms and Conditions.

You also understand and give permission to us to charge your payment method used in this transaction for the full amount of any disputed charge plus the Dispute Fee (and the Improper Chargeback Fee, if applicable) if you file a dispute (or Improper Chargeback) and do not immediately resolve it.

You agree that any violation of the Terms and Conditions may result in (a) the cancellation by us of the registrations of all Guests, (b) the forfeiture by you of any monies paid, and (c) the denial by us of access to the Event by the Guests.

PRICE AND RATE CHANGES.  The estimated Event Fee is based on known costs as of the date of listing. We reserve the right to add a supplement to the Event Fee should our costs of producing the Event increase, at any time prior to the first day of the Event.  Any increase to your Event Fee will be as the result of changes in our costs of producing the Event resulting from, without limitation, changes by our suppliers, taxes payable locally, currency fluctuations and/or government action. If our costs to produce the Event increase, we reserve the right to increase the amount of your Event Fee and will forward a new bill/invoice reflecting any changes made. In addition, we reserve the right to negotiate with suppliers for credits and other benefits, such as commissions and/or concessions, for the benefit of the Event. We reserve the right to make changes to and correct errors in the advertised fees at any time prior to the first day of the event.  We will advise you of any errors of which we are aware and of the correct, then-applicable, Event Fee at the time of booking.

CANCELLATIONS AND CHANGES.

Cancellation

We are required to pay all suppliers well in advance of the Event. This includes but is not limited to experiences, activities, entertainment, and tickets. 

If you need to cancel one or more of the Guest registrations, please request such cancellation by email to concierge@magicofypo.org. All cancellation requests must be made by the Primary Registrant only. The following cancellation policies and refundability (or non-refundability) of Guest Fees will apply depending on the date of your registration and/or the date of your cancellation:

Cancellation Date and Time	Cancellation Policy and Refundability of Guest Fees
Within 48 hours of the date and time of your registration (excluding registration made from the Waitlist).	You are entitled to a refund of 100% of all Guest Fees you paid.
From May 16, 2023 to March 15, 2024	The Registration Processing and Planning Fee, the Health and Safety Compliance Fee are non-refundable. The Event Fee shall also be non-refundable, unless the Event has a Waitlist, in which case we will attempt to replace the registrations you cancel with registrations by persons on the Waitlist. If, and only if, we can do so, you shall receive a refund of your Event Fee.
From March 16, 2024	All Guest Fees shall be non-refundable. Regardless of whether we are able to replace any of your cancelled registrations from those on the Waitlist, you shall receive NO REFUNDS.

Please note that the exceptions provided for by YPO, Inc. in the policy located on its website do not apply to the Event and are not a part of these Terms and Conditions.

Cancellation or Changes by Abracadabra

If following your initial registration and/or during the Event, circumstances require changes, we and our suppliers, reserve the right to cancel, change, substitute or reschedule any part of the agenda, event or daily activity, in our sole, absolute and unfettered discretion. If we cancel the Event, we shall only be obligated to refund you those amounts that are refunded to us in turn by our suppliers.  Any amounts not refunded to us by our suppliers will not be refunded to you.  You are solely responsible for any additional costs for air tickets or other travel arrangements not made by us (regardless of if they are necessitated by decisions made by us or our suppliers). We cannot and shall not be held responsible for any ride/park/venue closures, necessary schedule/agenda changes, or any cancellation of any element of the Event or the Event in its entirety, regardless of the reason. These changes will not be considered material changes and will not be considered cause for cancellation by the Guest. Normal cancellation penalties still apply to the Event that has been changed.

NO REFUND FOR UNUSED ARRANGEMENTS.  There will not be any refund for any unused portion of the Event. If you cancel during the Event, there will not be any refund for any unused portion of the Event.

Travel Protection INSURANCE. 

It is the responsibility of all Guests to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect Guests 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 Guests’ travel-related purchases.

We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If Guests have any questions about travel protection, call an insurer or insurance agent or broker. 

If GUESTS choose to travel without adequate coverage, THEN NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, we will not be liable for any GUEST’S losses howsoever arising, for which trip protection plan coverage would otherwise have been available.   

DIETARY RESTRICTIONS

Special diets must be individually requested by Guests whenever at an eatery or restaurant. For safety and liability reasons, we and our representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and are not responsible for any issues or problems associated with the same. 

Pre-existing Medical Conditions/Persons with Disabilities. It is essential that you advise us before booking if any Guest has any disability or pre-existing medical condition which may affect your experience of the Event, or if any Guest has any special requirements as a result of any disability or medical condition (including any which affect the registration process) so that we can assist you (or the applicable Guest) in considering the suitability of the arrangements and/or in making your registration. We 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 Guest requiring the accommodation. 

HEALTH. For the safety of our Guests, Abracadabra reserves the right to request health information prior to travel and to exclude any individuals it deems unfit for travel at its sole, absolute, and unfettered discretion.

PHOTOGRAPHIC/VIDEO LIKENESS. The Guest hereby grants Abracadabra an irrevocable license to publish any photographs and/or videos of the Event or any Guest in printed or electronic media without obtaining further consent and without compensation. Each Guest releases Abracadabra and its representatives from any liability in connection with any use of such photographs and/or video.

COVID-19 AND OTHER DISEASES. By registering for the Event at this time, each Guest acknowledges the highly contagious nature of COVID-19 and other illnesses, viruses and diseases (collectively, “Diseases”) and voluntarily assumes the risk for  that  they may be exposed to or infected by Diseases by attending the Event 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 of registration. Guests acknowledge that exposure to such Diseases is an inherent risk of the Event, that cannot be controlled or eliminated by us. Guests further acknowledge that due to the uncertainty of registering at this time, the Event may be postponed or cancelled, or changes may be made to agenda due to closures of certain sites or activities, for which there may be no refund. Guests may also be required to quarantine upon arrival in some locations. Some locations may require Guests to have a vaccination.  Guests are responsible for understanding these requirements and must not rely on us to provide these details. Guests understand that they may become sick before, during, or after the Event and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable. Guests agree that due to uncertainty caused by Diseases, we have strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should Guests fail to purchase travel protection coverage, we shall not be liable to any losses howsoever arising.

Each Guest, for themselves and on behalf of their heirs, assigns, personal representatives and next of kin (the “Releasors”), HEREBY RELEASE, AND HOLD HARMLESS Abracadabra Experiences LLC, YPO, Inc. and YPO Philadelphia, Inc., its members, owners, officers, directors, employees, contractors, suppliers, agents, and other registrants (the “Releasees”), from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part, to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS any Releasor may suffer due to exposure, infection, spread, closure, and travel restrictions related to Diseases, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

FORCE MAJEURE. We assume 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, hurricane, 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 us 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 to the extent we can recover any monies from our suppliers, we will refund said monies to you.

DESTINATIONS AND DOCUMENTATION.  It is each Guest’s responsibility to be aware of any and all requirements for admittance to a particular state, including Covid-19 requirements. Similarly, it is the responsibility of each Guest to obtain and carry a valid form of identification, inoculations, and all other documents required by applicable government regulations. When travelling domestically within the USA, 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. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. Recommended inoculations for travel may change and Guests should consult their practitioner for current recommendations before they depart. It is each Guest’s responsibility to ensure that they meet all health and safety entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to their trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/. Guests acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Guests to miss flight(s), and subsequent scheduled programs, events, or activities. Abracadabra bears no responsibility for advising and/or obtaining required travel documentation for Guests, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation, or government and/or supplier decisions about entry.

INSECTICIDE NOTICE.  Guests 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: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.SUPPLIER TERMS. Guests acknowledge and agree that, with respect to suppliers and/or service providers, additional terms and conditions shall apply to their reservation and/or purchase of products and services (collectively, “Supplier Terms”).  Guests shall abide by such Supplier Terms, including without limitation payment of all amounts when due and compliance with the applicable terms, conditions, policies, codes of conduct, rules, and restrictions. You understand that any violation of any such Supplier Terms, conditions, policies, rules, or restrictions, including without limitation timely payment, may result in: (i) you forfeiting any monies paid to suppliers; (ii) the cancellation of your registration or purchase; (iii) Guests being denied access to any hotel, venue, park or any portion of the Events; and (iv) us debiting your account for any costs we incur as a result of such violation. You acknowledge and agree that: (i) suppliers may change their prices without notice prior to registration or purchase by you; and (ii) you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of the Guests participating in the Event, including without limitation all individual and extra purchases Guests make. Guests acknowledge that some suppliers may require them to sign a liability waiver or other forms prior to using their services, and Guests understand that their unwillingness to do so may result in a cancellation of their registration and/or all or a part of their participation in the Event, being denied access to the supplier’s services (including, without limitation, any refunds), and forfeiting any monies Primary Registrant paid for such registration, in accordance with applicable Supplier Terms.

Assumption of Risk/Waiver.  Guests are aware that travel and participating in the Event and related programs and activities involves inherent risks. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, mechanical failure, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; Guests’ own negligence and/or the negligence of others, including guides or operators of machines or equipment, other registrants , we and our employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or Diseases; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which Guests 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. The Guest 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 Event, the Guest is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. The Guest hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release us from any and all claims associated with the trip, including any claims of third-party negligence and/or our negligence and the Guest hereby covenants not to sue us for any such claims or join any lawsuit or action that is suing us. The terms of this assumption of risk/waiver paragraph, shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise. 

Indemnification. The Guest agrees to and shall indemnify, defend, release and hold harmless Abracadabra (including its owners, officers, directors, employees, contractors, agents, and assigns) from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Abracadabra (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) the Guest’s breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any damage, costs or expenses caused or incurred by the Guest while participating in the trip; (iii) the Guest’s breach of any law or rights of any third party; (iv) any defect, negligence, or other wrongful act or omission or any failure of performance of any kind by any airline, hotel, ground transportation, or other suppliers or travel providers; (v) any claim for inconvenience, loss of enjoyment, mental distress, or other similar claims; (vi) any delayed departure, missed connection, substitute accommodation, termination of service or change in fares or rates; (vii) overbooking, flight cancellation, lost or misconnected baggage, or any claim arising out of any vacation package’s air transportation portion; and (viii) the Guest’s use of Abracadabra’s website or any travel documentation provided to the Guest by Abracadabra.

YOUR BEHAVIOR. Each Guest is expected to act responsibly and adhere to all behavior guidelines established by us, YPO, Inc, YPO Philadelphia, Inc. and our suppliers. Abracadabra and our suppliers reserve the right, in our sole, absolute and unfettered discretion, to remove you from any part of the Event if it is reasonably believed that the Guest has engaged in, is engaged in, or is threatening to engage in, behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other registrants or our representatives and our suppliers, including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or has failed or refused, or is failing or refusing, to follow our or our suppliers’ rules and procedures. In the event a Guest is removed, such Guest may be left anywhere in Orlando or its surrounding areas without any liability to Abracadabra or its representatives or suppliers. Abracadabra shall not be required to refund any portion of the price paid by any Guest who is removed under the terms of this paragraph, nor shall Abracadabra be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by Guests.

NON-RESPONSIBILITY AND Limitation of Liability.

Abracadabra AND ITS EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES USE THIRD PARTY SUPPLIERS TO ARRANGE PROGRAMS, EVENTS, ACTIVITIES AND ALL OTHER SERVICES AND PRODUCTS RELATED THE EVENT. WE ARE AN INDEPENDENT CONTRACTOR AND ARE NOT EMPLOYEES OR AGENTS OR REPRESENTATIVES OF ANY SUPPLIERS. WE DO NOT OWN, MANAGE, OPERATE, SUPERVISE, OR CONTROL ANY TRANSPORTATION, VEHICLE, AIRPLANE, HOTEL OR RESTAURANTS, OR ANY OTHER ENTITY THAT SUPPLIES SERVICES RELATED TO THE EVENT.  ALL SUPPLIERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OR REPRESENTATIVES OF OURS. ALL TICKETS, RECEIPTS, COUPONS, AND VOUCHERS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY EACH SUPPLIER, AND BY ACCEPTING THE COUPONS, VOUCHERS, AND TICKETS, OR UTILIZING SUPPLIERS’ SERVICES, ALL GUESTS AGREE THAT NEITHER Abracadabra, NOR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES ARE OR MAY BE LIABLE FOR ANY LOSS, INJURY, DEATH, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES OR EXPENSES TO ANY GUEST OR THEIR BELONGINGS, OR OTHERWISE, IN CONNECTION WITH ANY SERVICE SUPPLIED OR NOT SUPPLIED RESULTING DIRECTLY OR INDIRECTLY FROM ANY OCCURRENCE BEYOND OUR CONTROL. WE ASSUME NO RESPONSIBILITY OR LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR, TERRORISM, DISEASE, PANDEMIC, QUARANTINE, WEATHER OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND OUR DIRECT CONTROL (EXCEPT TO THE EXTENT REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW).  WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY SUPPLIER OR GOVERNMENTAL AUTHORITY. WE ASSUME NO RESPONSIBILITY FOR LOST OR STOLEN PERSONAL PROPERTY. THE FACT THAT WE INCLUDE OR OFFER ANY PRODUCT OR SERVICE THROUGH OUR EVENT AND/OR CERTAIN TRAVEL-RELATED SERVICES DOES NOT MEAN WE ARE ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED THROUgh our EVENT ARE LIMITED TO CLAIMS AGAINST THE SUPPLIER OF SUCH PRODUCTS AND SERVICE. WE HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES PROVIDED BY ANY SUPPLIER, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH SUPPLIERS AND EACH GUEST HEREBY EXONERATES US FROM ANY LIABILITY WITH RESPECT TO THE SAME. GUESTGUEST

CLASS ACTION WAIVER/CAP ON DAMAGES/NOTICE OF CLAIM. These Terms and Conditions 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 Florida exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Orange County, Florida. Each Guest agrees that they will only bring claims against Abracadabra in their individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Abracadabra shall not in any case be liable for other than compensatory damages, and your payment of a deposit, registration or other fee on an event means that you and each Guest agree to these conditions of sale (including, without limitation, the provisions of the immediately preceding section) and expressly waive any right to punitive damages. All Guests understand and agree that no claims will be considered, and that Guests  will not bring suit against Abracadabra unless they have first provided a typewritten (and not emailed) notice of such claim to Abracadabra within 30 days after the Event or cancellation of the Event. Please understand that we cannot consider any complaints, refund requests, issues with a Guest’s travel or any other post-Event submissions if said Guest did not provide Abracadabra with a reasonable opportunity to assist during the Event. Each Guest understands and agrees that, notwithstanding anything herein to the contrary, Guest’s maximum recovery against Abracadabra in connection with any and all possible claims is strictly limited to fifty percent (50%) of the Event Fee earned or collected by Abracadabra for the Event.

MISCELLANEOUS. The Guest may not assign or delegate any of its rights or obligations under these Terms and Conditions. These Terms and Conditions are binding upon the heirs, personal representatives, successors, and permitted assigns of each Guest. Abracadabra’s failure to insist on compliance or enforcement of any provision of these Terms and Conditions shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of these Terms and Conditions. These Terms and Conditions (including any exhibits, schedules or addenda attached hereto) contain the entire agreement of the parties with respect to the subject matter hereof and supersede any prior written or oral agreements or understandings.  If any provision of these Terms and Conditions (or any portion thereof) is determined to be invalid or unenforceable the remaining provisions of these Terms and Conditions shall not be affected by such determination and shall be binding upon the parties and shall be enforceable as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms and Conditions.

CONTACT INFORMATION. If you have any questions regarding these Terms and Conditions and/or this Agreement, please contact Abracadabra at concierge@magicofypo.org.