TERMS AND CONDITIONS

Thank you for purchasing and/or participating in a Seek New York LLC tour or personal shopping appointment.

These terms and conditions shall govern all tours and all personal shopping appointments operated by Seek New York LLC. By purchasing and/or participating in a Seek New York LLC tour or personal shopping appointment, you affirm that you have fully understood and agreed to these terms and conditions.

Come Rain or Shine

Seek New York LLC tours and personal shopping appointments are held rain or shine.

No Refunds

All sales are final.

Tours and personal shopping appointments are only valid for the date and time stated in the e-mail confirmation.

Tickets for public tours will not be refunded or exchanged for a different date or time.

For individual and private group tours and personal shopping appointments, cancellation is required at least 48 hours in advance of the scheduled individual or private group tour or personal shopping appointment for a full refund, less any PayPal or credit card fees. For cancellations less than 48 hours in advance of the scheduled individual or private group tour or personal shopping appointment and no-shows, a $100 cancellation fee will be deducted from the payment. Seek New York LLC reserves the right deny rescheduling requests for cancelled or no-show individual or private group tours or personal shopping appointments.

Notwithstanding the foregoing, Seek New York LLC reserves the right to cancel all tours and personal shopping appointments at any time due to guide unavailability or other events that make it impracticable for Seek New York LLC to provide the tour or personal shopping appointment at the stated date and time, and, in the event of cancellation by Seek New York LLC, Seek New York LLC will give the customer the option to 1) be refunded the full ticket price or 2) exchange the customer’s ticket for another Seek New York LLC tour or appointment of equal or lesser price that has available tickets.

Participant’s Medical and Health Conditions

Like most tours and personal shopping appointments in New York City, Seek New York LLC tours and personal shopping appointments usually involve a significant amount of walking. It is the tour and personal shopping appointment participant’s responsibility to inform Seek New York LLC’s guide of any medical and health conditions that make the participant unable to participate or especially susceptible to injury. The guide reserves the right to disqualify any participant at any time if the guide believes that the participant is incapable of participating in the tour or the personal shopping appointment, the participant is at risk of injury by participating in the tour or the personal shopping appointment and/or the participant’s participation will jeopardize the safety or enjoyment of the tour or personal shopping appointment by other participants. Refunds are not given under such circumstances.

Release of Liability

Seek New York LLC tours and personal shopping appointments take place in public venues under conditions largely beyond the company’s control.

Assumption of Risk: By purchasing and/or participating in a Seek New York LLC tour or personal shopping appointment, to the fullest extent permitted by law, you assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with your purchase of and/or participation in the tour or personal shopping appointment.

No Liability Unless Gross Negligence or Willful Misconduct; Damages Capped at $500: By purchasing and/or participating in a Seek New York LLC tour or personal shopping appointment, to the fullest extent permitted by law, you forever and unconditionally release Seek New York, LLC, its owners, employees, and guides and other independent contractors (collectively, the “Released Entities”) from any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorney’s fees) for death, injury, or loss or damage of property (collectively, “Claims”) in any way arising out of your purchase of and/or participation in the Seek New York LLC tour or personal shopping appointment, including, without limitation, any and all Claims resulting from or arising out of the negligence or other fault of any of the Released Entities. Seek New York LLC’s liability to tour and personal shopping appointment purchasers and participants shall be limited to actual damages arising from the Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall damages in connection with a purchaser’s purchase of a Seek New York LLC tour or personal shopping appointment or a participant’s participation in a Seek New York LLC tour or personal shopping appointment be greater than $500. All liability arising out of a purchaser’s purchase or participant’s participation is cumulative and not per incident. In no event shall Seek New York LLC be liable for any special, incidental, punitive or consequential damages or other indirect damages, even if Seek New York LLC has been informed of the possibility thereof.

Binding Effect

The terms and conditions herein shall be binding upon purchaser and participant’s next of kin, personal representatives, heirs, beneficiaries and assigns and shall inure to the benefit of Seek New York LLC, its successors and assigns.