HOUSE HEADS AT SEA — GUEST SAFETY AND EVENT PROTECTION TERMS
1. Scope and other contracts. These Guest Safety and Event Protection Terms (“Terms”) apply to the purchaser and each participating traveler or guest. (“Guest”) for the identified House Heads At Sea cruise event (“Event”) organized by DaVyne Entertainment LLC (“Organizer”). The cruise line’s passenger ticket contract, safety rules, and lawful decisions remain independently binding and control vessel operations, embarkation, disembarkation, and onboard security. These Terms do not make the Organizer the cruise line or give the Organizer powers reserved to the ship’s Master, carrier, port, venue, or law-enforcement authority.
2. Talent, schedule, and program changes. The Guest understands that performers, hosts, activities, venues, ports, times, and schedules may change because of artist availability, illness, safety, cruise-line action, operational need, or circumstances beyond the Organizer’s reasonable control. A talent substitution, cancellation of a particular performer, schedule adjustment, or comparable program change is not by itself a cancellation of the cruise or Event and does not create a refund right, provided the Organizer continues to deliver the Event in a commercially reasonable form. Any refund or credit remains subject to the written booking terms, supplier rules, applicable law, and amounts actually recoverable from third parties. This paragraph should be displayed conspicuously before purchase.
3. Guest conduct. The Guest shall comply with lawful instructions and applicable rules issued by the cruise line, ship personnel, venue, security personnel, and Organizer. The Guest shall not engage in, direct, encourage, assist, or knowingly facilitate violence, a credible threat, stalking, targeted harassment, theft, property damage, sabotage, unauthorized access, false emergency reporting, or intentional material disruption of safe Event operations. Disagreement, criticism, a good-faith complaint, or an honest review is not prohibited conduct.
4. Immediate protective action. If the Organizer reasonably believes immediate action is necessary to protect people, property, operations, or evidence, the Organizer may suspend or deny the Guest access to Organizer-controlled private activities, credentials, communications channels, or benefits; preserve relevant records; notify ship or venue security, emergency services, insurers, counsel, or law enforcement; and request action by the entity with legal authority. The Organizer may take immediate action without a prior cure period when delay could increase risk. Only the cruise line or other lawful authority controls removal from the vessel or disembarkation.
5. Refund consequences of misconduct. To the fullest extent permitted by law, a Guest who loses access to Organizer-controlled activities or is removed by the cruise line or lawful authority because of the Guest’s prohibited conduct is not entitled to a refund of amounts that are nonrefundable, already earned, committed to a supplier, or not recovered by the Organizer. The Organizer shall not retain a recoverable amount as a penalty and shall apply any refund or credit required by the governing booking terms and applicable law. The Guest remains responsible for personal travel, lodging, transportation, medical, legal, and repatriation costs resulting from the Guest’s conduct, except to the extent caused by the Organizer’s own negligence, willful misconduct, or unlawful act.
6. Damage and third-party claims. To the fullest extent permitted by law, the Guest is responsible for documented loss, damage, fines, penalties, or third-party claims to the extent caused by the Guest’s negligence, willful misconduct, unlawful act, or material breach of these Terms. The Guest shall defend and indemnify the Organizer and its members, managers, employees, and authorized contractors from such third-party claims and reasonable defense costs, but not for a protected party’s own negligence, willful misconduct, unlawful act, or breach. Any defense and settlement are subject to reasonable notice and a prohibition on settlement that binds or admits fault by a protected party without written consent.
7. Incident reporting and preservation. A Guest who observes an imminent threat or safety emergency should contact ship or venue security or emergency services first and then notify the Organizer when safe to do so. A Guest involved in a reported incident shall preserve relevant messages, images, recordings, and documents and shall not destroy or alter evidence. Nothing requires a Guest to confront another person, place themselves in danger, waive legal privilege, or surrender a protected right.
8. Lawful complaints and protected reports. Nothing in these Terms prohibits or penalizes an honest review, a good-faith complaint, a request for accommodation, a report of suspected unlawful or unsafe conduct, communications with counsel, an insurer, a regulator, or law enforcement, participation in an investigation, or compliance with legal process. False statements, threats, harassment, and intentional interference remain subject to applicable law and these Terms.
9. Severability and survival. If a provision is held unenforceable, it will be limited only to the extent necessary and the remainder will continue in effect. Duties concerning payment, property damage, data, evidence preservation, indemnification, dispute resolution, and remedies survive the Event to the extent necessary to enforce them.