Important, please read these Terms and Conditions (“Terms”) carefully before implementing your voluntary compliance with the ATTA Health & Safety Guidelines and displaying the Badge depicted above.
1. Parties
- The Adventure Travel Trade Association of 14751 N Kelsey St, Suite 105 PMB 604 Monroe, WA 98272, USA (“ATTA”, “we”, “us” or “our”), being the party offering the Guidelines and Badge for use by Organizations; and
- “Organization,” “you” or “your,” being an ATTA member or non-member, including destination authorities (including national, regional and local tourism administrations and organizations) and/or companies (including an eligible business such as a hotel, tour operator, or transportation provider) which have chosen to comply with the Guidelines and to display the Badge depicted above (“Badge”).
2. Definitions
The following definitions apply in these Terms:
- “Guidelines” means the ATTA Adventure Travel COVID-19 Health & Safety Guidelines, as may be updated from time to time; and
- “Badge” means the ATTA Adventure Travel COVID-19 Health & Safety Guidelines Badge offered by ATTA for use on organization websites, in marketing materials and other public facing materials.
3. The ATTA Adventure Travel COVID-19 Health & Safety Guidelines
ATTA has created and offers the Guidelines in good faith for use by Organizations as they seek to re-open during the COVID-19 pandemic.
You acknowledge and agree that:
- I. Your use of the Guidelines is entirely voluntary and that ATTA assumes no liability for your use of the Guidelines;
- II. You are solely responsible for deciding whether compliance with, and implementation of, the Guidelines is suitable for you and lawful in the jurisdiction in which you operate;
- III. The Guidelines have not been approved or accredited by any governmental or regulatory body and serve as a set of ‘best practices’ guidelines only, and that by offering the Guidelines for use by Organizations, ATTA is not providing an official certification or accreditation system;
- Use of the Guidelines will be entirely at your own risk;
- Compliance with the Guidelines may not result in a reduction of risk associated with the spread of COVID-19;
- ATTA does not warrant or represent that adherence to the Guidelines guarantees the safety of passengers, travellers, guests, customers, employees or other persons;
- VII. You are solely responsible for any losses suffered by yourself or any third-parties where the Guidelines are implemented; and
- VIII. ATTA reserves the right to modify the Guidelines and/or Badge and issue revised versions from time to time. Updated Guidelines and Badge will be found on the ATTA website. You are solely responsible for revisiting the ATTA website, monitoring updates to the Guidelines and the Badge and ensuring compliance with any updates made to the Guidelines and Badge. ATTA is under no obligation to individually distribute updated versions of the Guidelines or Badge to Organizations.
4. The ATTA Health & Safety Guidelines Badge
The Badge seeks to provide consistency and reassurance for consumers to speed the Adventure Tourism recovery following the COVID-19 pandemic.
Subject to these Terms, Organizations may choose to display the Badge in order to let consumers know that their safety and risk management practices are in alignment with the Guidelines and that they have voluntarily complied with the Guidelines relevant to their industry.
5. Your Obligations
Only those Organizations which have complied with the relevant Guidelines applicable to their industry in their entirety may display the Badge on their websites, in marketing materials and other public facing materials.
An organization’s entitlement to display the Badge shall end immediately at any time the organization fails to comply with the relevant Guidelines applicable to their industry.
You acknowledge and agree that:
- I. You will not display the Badge unless you have ensured compliance with the relevant Guidelines applicable to your industry;
- II. Adhering to the Guidelines is a requirement for your use of the Badge, and that displaying the Badge without having ensured compliance with the relevant Guidelines applicable to your industry will be a breach of these Terms;
- III. Your use of the Badge will be based upon an accurate and honest conclusion that your organization is fully compliant with the Guidelines relevant to your industry;
- IV. ATTA will not be responsible for assessing your initial or continued compliance with the Guidelines and use of the Badge, and all liability for compliance with the Guidelines and any applicable laws, rules or regulator guidance will rest with you exclusively, and not ATTA;
- V. You will comply with all local laws applicable to your organization and that where your adherence to the Guidelines and/or use of the Badge would amount to a breach of local laws, you will not make use of either; and
- VI.You will not make any derogatory statements about the Guidelines, Badge or ATTA, or behave in any way that would damage ATTA’s reputation, or the reputation of the Guidelines or the Badge.
6. Use of ATTA Intellectual Property
The organization accepts that all intellectual property rights subsisting in the Guidelines and Badge are owned by, and/or under the control of, ATTA.
In consideration of the organization meeting all of its obligations under these Terms, ATTA hereby grants to the Organization a non-exclusive, royalty-free, sub-licensable, revocable worldwide licence to display the Badge in the form presented below on its websites, marketing materials and other publicly facing materials for the purposes specified herein, and subject to, and accordance with, these Terms.
You must:
- I. Not alter or modify the Badge in any way, unless ATTA publishes an update to the Badge requiring you to alter or modify it;
- II. Display the Badge in its entirety;
- III. Not use the Badge in any way that might risk injuring ATTA’s reputation;
- IV. Not use the Badge in any way that breaches local laws applicable to your organization;
- V. Ensure that use of the Badge is truthful and not misleading;
- VI. Not use the Badge to imply any relationship with, or endorsement, sponsorship, verification or certification by, ATTA;
- VII. Not grant any sub-licence permitting any third party to exercise the rights granted herein, unless that third party has itself also ensured compliance with the Guidelines and these Terms;
- VIII. Immediately notify ATTA in writing if any of the following matters come to your attention:
- Any actual, suspected or threatened infringement of ATTA’s intellectual property rights;
- Any claim made or threatened that the Guidelines and/or Badge infringe the rights of any third party; or
- Any other form of attack, charge or claim to which the Guidelines and/or Badge may be subject.
7. ATTA’s Right to Request Information
ATTA may at any time request information from you to evidence your compliance with the Guidelines, and ATTA may terminate your entitlement to display the Badge where:
- I. You fail to provide sufficient information capable of evidencing compliance with the Guidelines, in ATTA’s sole determination;
- II. Any information provided to ATTA is found to be false or misleading;
- III. Any action/inaction taken by you would detrimentally impact ATTA and/or its reputation, which ATTA is entitled to determine in its sole discretion
8. Liability
To the fullest extent permitted by law, ATTA shall not be liable to you or any third party for any costs, expenses, loss or damages (whether direct, indirect or consequential, and whether economic or other) arising from your adherence or non-adherence to the Guidelines and/or use of the Badge, including, but not limited to, any:
- I. Loss of profits;
- II. Loss of sales or business;
- III. Loss of agreements or contracts;
- IV. Loss of anticipated savings;
- V. Loss of or damage to goodwill; and
- VI. Indirect or consequential loss.
Without prejudice to the generality of the above, ATTA will not be liable to you for any costs, expenses, loss or damages (whether direct, indirect or consequential, and whether economic or otherwise) associated with a passenger, traveller, guest, customer, employee or other person contracting COVID-19 or any other illness and where you have, in good faith, adhered to the relevant Guidelines applicable to your industry.
9. Indemnity
You agree to indemnify, defend and hold ATTA, its affiliates, agents, suppliers and licensors harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages, including those arising out of or in connection with:
- I. Any breach of these Terms;
- II. Your adherence or non-adherence to the Guidelines and/or use of the Badge;
- III. Your exercise of the rights granted under these Terms;
- IV. The enforcement of these Terms; and
- V. Any claim made against ATTA by a third party arising out of or in connection with your adherence or non-adherence to the Guidelines and/or use of the Badge.
10. Termination
ATTA may terminate these Terms and the rights granted to you hereunder and your eligibility to use the Badge at any time with immediate effect.
11. Entire Agreement
These Terms constitute the entire agreement between ATTA and Organizations and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to use of the Guidelines and/or Badge.
12. Third Party Rights
Unless expressly stated otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
13. Severance
Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14. Applicable Law
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or subject matter or formation shall be governed by and construed in accordance with the law of the United States of America.