Customer Agreement

This creative event planning service is a way to arrange a special date or group outing through the use of a scavenger hunt that your guest or guests (the "Participant") will complete followed by dinner (the "Service"). The Service is provided by Outings To Remember, Inc., whose principal office is located at 101c North Greenville Ave., No. 50, Allen, Texas 75002 ("Creative Adventures").

This legal agreement is made between you and Outings To Remember, Inc. so please read this Agreement carefully. BY PURCHASING A CREATIVE ADVENTURE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS IN THIS CUSTOMER AGREEMENT.

• The Service. If you choose to use chauffeur driven vehicles offered by Outings To Remember, Inc., the Service begins when the Participant receives the first clue and concludes when the Participant is dropped off at the location the Service began. If you do not choose to use chauffeur driven vehicles, the Service begins when the Participant receives the first clue and concludes with dinner at a select location. The price of the Service includes (i) a scavenger hunt event; (ii) a gift certificate or gift card to the restaurant the you selected for the dollar amount you requested; and (iii) if you choose, a chauffeur driven vehicle for use with the Service. The price of the Service does not include (i) incidental transportation expenses and (ii) any amounts for dinner not covered by the gift certificate, including gratuity.



• Refund/Rain Check. The price of the Service is considered fully earned upon payment. It is your responsibility to notify the Participant of the details associated with the Service. At its own discretion, Outings To Remember, Inc. may offer a partial refund or credit. However, under no circumstances will Creative Adventures provide any refund or credit for Participants that partially complete or discontinue the Service. In the case of inclement weather, Outings To Remember, Inc. will reschedule the Service for the Participants at a later date.
  
  
• Transportation. You and your Participant(s) assume all risks and expenses incident to transportation, including without limitation, all tolls and parking expenses.
  
  
• Warranties. Outings To Remember, Inc. provides the Service on an "as is" basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service. Outings To Remember, Inc. specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, Outings To Remember, Inc. does not warrant that your use of the Service will meet your requirements or expectations or that any defects in the Service will be corrected.
  
  
• Indemnity. You agree to indemnify and hold Outings To Remember, Inc., its subsidiaries, affiliates, officers, agents, members, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by you, your Participant or other third party due to or arising out of your or your Participant's use of the Service. This indemnity shall be applicable without regard to the negligence of any party including any indemnified person. YOU SHALL DEFEND, INDEMNIFY, AND HOLD OUTINGS TO REMEMBER, INC. AND ITS DIRECTORS, OFFICERS, MEMBERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM, SUIT, LIABILITY, EXPENSE, LOSS, COST, OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, LEGAL FEES OR AWARDS OF COURT OR OTHER BODIES AND THE COST SETTLEMENT OF CLAIMS ARISING OUT OF ANY CLAIM OR ALLEGATION OF PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE WHICH ALLEGEDLY RESULTED FROM, WAS RELATED TO, OR WAS IN ANY WAY CONNECTED WITH YOUR ACTS OR OMMISSIONS, EVEN IF SUCH CLAIM, SUIT, LIABILITY, EXPENSE, COST, LOSS OR DAMAGE AROSE FROM OR WAS BASED ON, IN WHOLE OR IN PART, ON OUTINGS TO REMEMBER INC.'S ACTS OR OMISSIONS.
  
  
• Disputes. This Agreement is governed by the laws of the State of Texas without regard to its conflict of law provisions. The parties agree that any action arising out of or related to this Agreement shall be instituted and maintained in either in a state court located in Collin County, Texas or in the United States District Court for the Northern District of Texas, and you irrevocably submit to the jurisdiction of such courts and waive any objection you may have to either the jurisdiction of such court or venue. The parties to this Agreement waive any right or claim of any punitive, exemplary, incidental, indirect, special, consequential or other similar damages against the other parties and their respective directors, officers, members, agents, representatives, servants and employees, in their corporate and individual capacities, arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort, or otherwise); provided that this waiver will not preclude either party from asserting a claim, or recovering its reasonable costs and expenses, including attorneys' and experts' fees, incurred in connection with any proceedings between the parties in accordance with this Agreement. Except as otherwise expressly provided in this Agreement, the parties agree that, in the event of a dispute, they will be limited to the recovery of their direct or general damages. If any other term of this Agreement is found or determined to be unconscionable or unenforceable for any reason, the foregoing provisions of waiver by agreement of punitive, exemplary, incidental, indirect, special, consequential or other similar damages will continue in full force and effect. The parties hereby agree to waive trial by jury in any action, proceeding or counterclaim, whether at law or equity, regardless of which party brings suit. This waiver will apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement. The parties further agree that no cause of action arising out of or under this Agreement may be maintained by either party against the other unless brought before the expiration of two (2) years after the act, transaction or occurrence upon which such action is based or the expiration of one (1) year after the complaining party becomes aware of facts or circumstances reasonably indicating that such party may have a claim against the other party hereunder, whichever occurs sooner, and that any action not brought within this period will be barred as a claim, counterclaim, defense or set-off.
  
  
• Limitation of Liability. IN NO EVENT WILL OUTINGS TO REMEMBER INC. BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUE SERVICES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CREATIVE ADVENTURES OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CREATIVE ADVENTURES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OUTINGS TO REMEMBER INC. FOR THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND/OR EMOTIONAL DISTRESS AND DISCOMFORT.
  
  
• General. This Agreement, upon registration for the Service, contains the entire agreement between you and Outings To Remember, Inc. regarding the Service. Unless otherwise explicitly stated, the terms will survive termination of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
  
  
• Miscellaneous. Outings To Remember, Inc. does not encourage or promote alcohol consumption at any time over the course of the scavenger hunt and dinner outing and therefore is not responsible for any of your or the Participant's actions that may occur due to the use or consumption of alcohol during or after the scavenger hunt and dinner outings. Outings To Remember, Inc. will not be responsible for any automobile tickets, traffic violations or accidents that occur while the Participant is using there own transportation. Participants are expected to abide by all traffic laws and speed laws while participating in the scavenger hunt adventure.