TERMS AND CONDITIONS

Agreement between User and Our Picnic + Co (www.ourpicnic.co).

Welcome to Our Picnic + Co (www.ourpicnic.co). The www.ourpicnic.co website (the "Site") is comprised of various web pages operated by Our Picnic + Co. www.ourpicnic.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ourpicnic.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.ourpicnic.co is an E-Commerce Site.

Our Picnic + Co is a luxury picnics and events service.

Under this Agreement, I agree to hire Our Picnic + Co as a professional luxury picnics and events service. 

Cancellation/Refund Policy

Our Picnic + Co does not offer Refunds of any services offered. We understand personal circumstances may change so we allow users to reschedule a booking. Users who wish to reschedule a booking must give a 7 day notice to Our Picnic + Co team prior to the scheduled booking. The new rescheduled date must be within 90 days of the original booking. 

Weather Conditions: Rescheduling is allowed for unpredictable and inclement weather conditions. If the forecast predicts bad weather conditions (extreme colds/winds) on the day of your event, we will allow you to reschedule the booking to any future available date within 90 days of your original booking. Please reach out to us at least 24 hours prior to the scheduled booking to let us know you wish to reschedule.

Late Policy and Fees

A late fee will be charged if users are late more than 10 minutes after the scheduled start time. If guests do not show up within 30 minutes of the scheduled start time, Our Picnic + Co team will start clean up and no refunds will be processed. Guests who are between 11-30 minutes late are subject to a $30 late fee.

In the event that I am more than 10 minutes late after the scheduled start time, I acknowledge and agree to pay Our Picnic + Co’s late fees.

Property Damage
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

I agree to leave the premise, and all items located thereon, in as good order and condition as they were immediately prior to my use of the premises, and to pay for any damage plus any additional fees that may occur to the premises by me, and/or invitees. 

Waiver and Release of Liability

In consideration of the risk of injury while participating in Our Picnic + Co’s services (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Our Picnic + Co, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.

I agree to indemnify and hold harmless Our Picnic + Co against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Our Picnic + Co incurs any of these types of expenses, I agree to reimburse Our Picnic + Co.

I hereby certify that I understand the above risks associated with this activity and agree that Our Picnic + Co shall not be responsible for any injuries or losses during any event and service.

Additionally, I agree to be held solely responsible if my negligence, willful misconduct, or disregard for the rules of activity name leads to damage to others or to Our Picnic + Co’s property. I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Our Picnic + Co for personal injury or property damage.In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

Any legal manners arising from this release of liability shall take place in the state of California as agreed.

Electronic Communications

Visiting www.ourpicnic.co or sending emails to Our Picnic + Co constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Our Picnic + Co does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ourpicnic.co only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.ourpicnic.co may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Our Picnic + Co and Our Picnic + Co is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Our Picnic + Co is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Our Picnic + Co of the site or any association with its operators.

Certain services made available via www.ourpicnic.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ourpicnic.co domain, you hereby acknowledge and consent that Our Picnic + Co may share such information and data with any third party with whom Our Picnic + Co has a contractual relationship to provide the requested product, service or functionality on behalf of www.ourpicnic.co users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.ourpicnic.co strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Our Picnic + Co that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Our Picnic + Co or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Our Picnic + Co content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Our Picnic + Co and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Our Picnic + Co or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Our Picnic + Co has no obligation to monitor the Communication Services. However, Our Picnic + Co reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Our Picnic + Co reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Our Picnic + Co reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our Picnic + Co's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Our Picnic + Co does not control or endorse the content, messages or information found in any Communication Service and, therefore, Our Picnic + Co specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Our Picnic + Co spokespersons, and their views do not necessarily reflect those of Our Picnic + Co.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.ourpicnic.co or Posted on Any Our Picnic + Co Web Page

Our Picnic + Co does not claim ownership of the materials you provide to www.ourpicnic.co

(including feedback and suggestions) or post, upload, input or submit to any Our Picnic + Co Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Our Picnic + Co, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Our Picnic + Co is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Our Picnic + Co's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and

represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Our Picnic + Co account to third party accounts. By connecting your Our Picnic + Co account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Our Picnic + Co from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Our Picnic + Co Content accessed through www.ourpicnic.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Our Picnic + Co, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Our Picnic + Co reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Our Picnic + Co in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Our Picnic + Co agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OUR PICNIC + CO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OUR PICNIC + CO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OUR PICNIC + CO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR PICNIC + CO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OUR PICNIC + CO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Our Picnic + Co reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Our Picnic + Co as a result of this agreement or use of the Site. Our Picnic + Co's
performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Our Picnic + Co's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Our Picnic + Co with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Our Picnic + Co with respect to the Site and the Activity and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Our Picnic + Co with respect to the Site and the Activity. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Our Picnic + Co reserves the right, in its sole discretion, to change the Terms under which www.ourpicnic.co is offered. The most current version of the Terms will supersede all previous versions. Our Picnic + Co encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Our Picnic + Co welcomes your questions or comments regarding the Terms:

Our Picnic + Co

Email Address:
ourpicnicco@gmail.com

Effective as of April 03, 2021