Terms and Conditions

Notice:  Please read this document carefully.  By accessing or otherwise using this site, you agree to be bound contractually by these terms and conditions.

 

  1. Introduction

 

  • Agreement to Terms and Conditions: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (You) and surgecruise.com (Site), a wholly owned subsidiary of Peak Performers LLC. (Company)

 

  • These Terms and Conditions also apply to govern the relationship between You and other participants (Participants) in events (Event) offered through, and by which You may access by way of the Site, whether directly, or through links available through the network of providing companies (Providers) that have contracted to provide products or services to the Company or to Participants, or through media outlets, including social media, of the Site, the Company, or it Providers.

 

  • Definitions

 

  • Agent: A person or entity, who receives valuable consideration in exchange for representing another person or entity, or group of entities, in legal, financial, or business matters, or who provides advice, consultation, counseling, or recommendation to prepare or otherwise assist persons on entities in the conduct of legal, financial, or business matters, whether or not such person is licensed by an authority having jurisdiction to provide such services.

 

  • Agreement: These Terms and Conditions and other documents, which are incorporated by reference.

 

  • Company: The Site, surgecruise.com, its owner, Peak Performers LLC, other subsidiaries of Peak Performers LLC, and any other companies or entities who are contractually bound as teaming partners, actual partners, or independent contractors of Peak Performers LLC.

 

  • Digital Assets: The collection of intellectual property works, including archived works, produced directly, indirectly, at the direction or request of, or owned by the Company, whether or not copyrighted, trademarked, or patented, regardless of physical or digital format, including audio, video, photographic, visual, sensor, or other recordings, which may or may not be released, either to the public or to others, through offline or online platforms such as those operated by data services providers, data sharing websites, video or audio hosting sites, discussion forums, social media websites, other websites, or applications meant for mobile or fixed computing and communication devices. Digital Assets also includes documents and computer files owned by Company, as well as any derivative works that have incorporated the Company’s intellectual property.

 

  • Event: The Surge 2026 cruise, including land-based activities at various ports of call, and other activities offered by Company to Participants or prospective Participants before, during, or after the Surge 2026 cruise, or to a community of the Company, whether in an in-person, remote, or hybrid format within a digital or physical Venue.

 

  • Participant: Any individual or entity attending or engaging with the Event, including purchasing goods or services, accessing free offerings, joining wait lists, registering for the event, or accompanying such individual or entity into the venue of the Event as he, she, or they attends or engages with the Events.

 

  • Provider: Any individual or entity contracted to offer goods, services, sponsorships, or other contributions to either the Surge 2026 cruise Events, other events offered by the Company that benefit the Participants of Surge 2026, or to the Participants of such events, whether directly or indirectly.

 

  • Site: com or other sites owned by Company or the online digital assets of Company including those offered through fixed or mobile computing applications.

 

  • Team: The Company, its personnel, and other entities, who collaborate to provide Event, and services either to Events or to Participants including entities underwriting, sponsoring, or deriving revenue from Events including independent contractors.

 

  • Venue: Digital platforms or physical facilities where Event activities take place and where Participants may access or engage with those activities.

 

  1. Scope of Agreement

 

2.1  Applicability: These Terms and Conditions apply to all interactions related to the Events, including registration, attendance, sponsorship, marketing, use of digital assets, and delivery of goods and services.

 

2.2  Updates and Changes: The Company reserves the right to update these Terms at any time. The most recent version of this Agreement will be posted on the Site, with its date of publication indicated. Notice of significant changes will be provided to Participants and Providers.

 

  1. Event Participation

 

3.1  Eligibility Criteria:  To participate in the Surge 2026 cruise and associated events (the “Event”), all individuals and entities (“Participants”) must meet the following eligibility requirements:

 

3.1.1  Minimum Age Requirement: Participants must be at least 18 years of age at the time of registration. Individuals under the age of 18 may attend the Event only if accompanied by a parent or legal guardian, who will be responsible for their supervision and compliance with these Terms and Conditions.

 

3.1.2  Valid Identification: Participants must possess and present a valid government-issued photo identification document (e.g., passport, driver’s license) as required for registration, boarding, and attendance at the Event.

 

3.1.3  Travel Documentation:  If international travel is required, Participants are responsible for obtaining any necessary visas, permits, or travel authorizations to attend the Event.

 

3.1.3.1  Passports must have at least six months of validity remaining from the date of departure for the cruise.

 

3.1.4  Compliance with Health and Safety Protocols:  Participants must adhere to all health and safety requirements established by the Company, Event staff, and the applicable government or regulatory authorities, which may include proof of vaccinations, health screenings, or negative test results.

 

3.1.4.1  Participants with known medical conditions that may affect their ability to safely participate in the Event must disclose such conditions to the Company during the registration process.

 

3.1.5  Payment of Fees: Participants must complete all required payments associated with the Event by the specified deadlines outlined during registration. Non-payment of fees may result in the forfeiture of registration and participation privileges.

 

3.1.6  Code of Conduct Agreement: Participants must agree to and abide by the Event’s Code of Conduct, which prohibits harassment, discrimination, illegal activities, and disruptive behavior. Acknowledgment and agreement to these standards may be required prior to finalizing Event registration.

 

3.1.7  Non-Transferable Tickets: Registration and participation rights for the Event are non-transferable and may not be assigned or sold to another individual or entity without prior written consent from the Company.

 

3.1.8  By registering for or attending the Event, Participants affirm compliance with the above criteria. Failure to meet or maintain these eligibility requirements may result in denial of registration, removal from the Event, or other remedies outlined in these Terms and Conditions.

 

3.2  Registration Process: To attend the Surge 2026 cruise and associated events (the “Event”), Participants are required to complete the following registration process:

 

3.2.1  Wait List or Full Registration:  Participants may initially opt to join the Event wait list to indicate their interest in attending. Placement on the wait list does not guarantee a spot at the Event and is subject to availability.

 

3.2.1.1  To secure attendance, Participants must complete the full registration process, which includes submitting all required information and making necessary payments.

 

3.2.2  Registration Platform:

 

3.2.2.1  Registration and payment may be completed exclusively through the official Event website at surgecruise.com or an authorized external link provided by the Company. Any third-party links not expressly approved by the Company should be avoided to ensure the security of Participant information.

 

3.2.2.1.1  Required Information:

 

Participants must provide accurate and complete information during the registration process, including but not limited to:

 

  • Full legal name (as it appears on government-issued identification)
  • Contact email address
  • Billing and payment details

 

Any inaccurate or incomplete information may result in delays or denial of registration.

 

3.2.3  Payment:  Payment for registration and any associated fees must be made in full at the time of completing the registration process. Payment mechanisms include those outlined on surgecruise.com or the external link designated for Event registrations.

 

3.2.4  Confirmation of Registration:  Upon successful completion of the registration process, including payment, the Company will issue an official confirmation via email to the address provided during registration. This confirmation serves as proof of participation and should be retained by the Participant for future reference.

 

3.2.5  Deadline Adherence:  Participants must adhere to all published deadlines for joining the wait list, completing full registration, or submitting payment. Registrations received after specified deadlines may not be processed or may incur additional fees at the discretion of the Company.

 

3.2.6  By registering for the Event, Participants acknowledge and agree to comply with the above process. The Company reserves the right to modify the registration procedure as necessary while providing appropriate notice to Participants.

 

  1. Participant Obligations

 

4.1  Conduct: Participants agree to comply with and adhere to the Participant Code of Conduct including the Academic Freedom and Non-attribution Policy that shall be in effect during all training activities for Participants. Harassment, discrimination, illegal activities, and disruptive behavior is prohibited, and recordings may be limited or disallowed in certain cases.

 

4.2  Truthfulness: Participants agree to provide accurate information during registration, waitlist sign-ups, bookings, appointments, completion of profiles or account setup, and during event interactions except that pseudonyms, usernames, nicknames, or professional names may be used in lieu of given names to protect personal identities. Any statements based on conjecture shall be conspicuously indicated as such. Notwithstanding the above, Participants agree to use legal names in processing payments and in endorsing agreements and contracts between themselves and Company.

 

4.3  Refunds: Participant agrees that any fees paid to Company for Events are non-refundable, except as outlined in the Refund Policy.

 

4.4  Recording and Media: Participants acknowledge that Events may be held in venues accessible by the public where audio, visual, photographic, and other recording, for security and other purposes, shall be assumed to be present and active. Event staff may also use recording equipment to capture recordings for the use of the Company at its sole discretion. Participant consents to being recorded and grants the Company permission to use without further compensation or license, resulting media for promotional purposes. Participant grants the Company permission to distribute or publish comments, reviews, or testimonial statements on its Site or within its Digital Assets.

 

4.5  Liability: Participant agrees that Site and services are provided AS IS, and to attend or engage with Events, the Company, Digital Assets, and other Participants at their own risk as detailed in the Liability Policy. Participants acknowledge that Events may be held in Venues not owned by Company, which may have little or no ability to control the operation of those Venues nor actions of personnel working for the owners of those Venues. Participants agree that Company shall not be liable for Acts of God, theft by others, nor mishaps aboard maritime vessels, aircraft, ground vehicles, or any other commercial transport platform or facility, and that the Company shall not be liable for personal injury, illness, loss, nor damages arising from any such incident.

 

4.6  Travel Documents:

 

4.6.1  Passports:  All Participants must possess a valid passport for the duration of the Event, including sufficient time beyond the Event’s conclusion as required by applicable immigration authorities. Passports must have at least six (6) months of validity remaining from the cruise’s departure date.

 

4.6.2  Visas and Entry Requirements:  Participants are solely responsible for determining and obtaining any necessary visas, permits, or other travel authorizations required for entry into all destinations included in the Event itinerary.

 

4.6.3  Failure to secure required travel documentation may result in denied boarding or entry into ports of call, for which the Company shall not be held liable.

 

4.6.4  Special Travel Needs:  Participants with special travel circumstances, such as traveling with minors or non-standard travel documents, must inform the Company during registration and ensure compliance with all legal and entry regulations.

 

4.7  Forms of Payment:

 

4.7.1  Accepted Payment Methods:  Payments for registration, additional services, or other Event-related fees must be made using one of the accepted payment methods specified on the official Event website, surgecruise.com, or an authorized external link. Accepted methods may include major credit cards, debit cards, or other electronic payment systems explicitly listed during the checkout process.

 

4.7.2  Payment Security:  All payments must be completed through the secure platforms provided. The Company is not responsible for payments made outside the official payment systems or unauthorized third-party services.

 

4.7.3  Payment Deadlines:  Participants must adhere to all published payment deadlines associated with the Event. Late or missed payments may result in forfeiture of registration or the inability to access certain Event services, at the Company’s sole discretion.

 

4.7.4  Currency and Additional Fees:  Payments must be made in the currency specified at the time of registration. Additional charges, such as currency conversion fees or international transaction fees, are the responsibility of the Participant.

 

4.7.5  By registering for and participating in the Event, Participants confirm compliance with the above requirements related to travel documentation and payment. Any failure to fulfill these requirements may result in denial of participation without refund or compensation.

 

  1. Event Details: The Surge 2026 capstone Events are tentatively scheduled for January 2026 and are the highlight of a broader series of events and activities hosted by the Company. These additional events are designed to engage and benefit Participants before, during, and after the Capstone Event. Activities may include virtual webinars, in-person gatherings at various locations, and hybrid events combining online and physical elements. Together, these events form an integral part of the overall experience provided by the Company.

 

5.1  Change of Dates or Venues:  The Company reserves the right to modify the dates, times, locations, or formats of the Capstone Event and any associated events due to unforeseen circumstances, such as Acts of God, government restrictions, health and safety concerns, or other events beyond the Company’s control.

 

5.1.1  Adjustments to events may include, but are not limited to, rescheduling, relocation, transitioning in-person events to virtual formats, or other modifications deemed necessary.

 

5.1.2  The Company will make reasonable efforts to notify Participants of any changes to Event details as promptly as possible. Such notifications will be provided via the email address supplied during registration or through other communication methods outlined in the Terms and Conditions.

 

5.1.3  Any changes to Event schedules, venues, or formats shall not be considered a breach of contract, and the Company shall not be held liable for any resulting inconvenience, costs, or losses incurred by Participants.

 

5.2  Payment Terms:  All payments made in relation to the Capstone Event and associated activities, including registration fees, tickets, and additional services, must be completed through the Company’s official platforms, surgecruise.com, or authorized external links.

 

5.2.1  Payments must be made in full by the deadlines provided during registration. Failure to comply with payment deadlines may result in cancellation of registration and forfeiture of any partial payments made.

 

5.2.2  Event fees are generally non-refundable, except in cases explicitly outlined in the Refund Policy, or as required by applicable law. Participants are advised to review these terms carefully prior to making any payments.

For events that require rescheduling or venue changes, any previously completed payments shall be applied toward the adjusted Event, and Participants will receive updated confirmation of their registration status.

 

5.2.3  By participating in any part of Surge 2026 or its associated events, Participants agree to all terms defined within this document.

 

  1. Health and Safety: Participants in the Surge 2026 cruise and associated events (the “Event”) are required to comply with the following health and safety guidelines to ensure a safe and enjoyable experience for all attendees.

 

6.1 Health Requirements

 

6.1.1  Health Documentation:  Participants must provide any health documentation required by local authorities, transportation providers, or the Company, including but not limited to proof of vaccinations, negative COVID-19 test results, or any other medical certifications as mandated.

 

6.1.2  Safety Protocols:  The Company shall follow appropriate health and safety practices to safeguard Participants during the Event. Measures may include enhanced sanitation practices, availability of hand sanitizing stations, social distancing protocols, or adherence to additional public health guidelines.  Participants agree to comply with Safety Protocols and follow safety directions Event staff, or venue personnel related to safety measures.

 

6.1.3  Emergency Procedures:  The Company shall have emergency response procedures in place for accidents, injuries, or medical emergencies occurring during the Event. Participants agree to follow these procedures and cooperate with staff and emergency personnel as required.

 

6.1.4  Assumptions of Risk:  Participant acknowledges that despite the above safety protocols, there may still exist risks of exposure to illnesses or unforeseen safety hazards. By attending the Event, Participant assumes all such risks and agrees to hold the Company harmless from any liability related to health or safety matters.

 

6.1.5  By attending the Event, Participants agree to comply with the above Health and Safety clause and acknowledge that failure to do so may result in removal from the Event or other actions as deemed necessary by the Company.

 

  1. Legal Provisions

 

7.1  Amendments and Modifications: The Company reserves the right to amend, revise, or modify these Terms and Conditions at its sole discretion. Such changes may be necessary to address updates to applicable laws, operational requirements, or unforeseen circumstances related to Site or to the Surge 2026 cruise and associated events.

 

7.1.1  Process for Amendments:  Any amendments to these Terms and Conditions will be published on the official Event website, surgecruise.com, or communicated directly to Participants via the email address provided during registration.  Amendments shall take effect immediately upon publication, unless a later date is specified within the notice.

 

7.1.2  Limitations and Conditions:  The Company will make reasonable efforts to notify Participants of significant changes that could materially affect their rights or obligations under these Terms and Conditions.

 

7.1.3  Participants who do not wish to accept the amended Terms and Conditions may cancel their participation in accordance with the Refund Policy as outlined in these Terms. Continued participation in the Event after any amendments will constitute acceptance of the revised Terms.

 

7.1.4  By registering for and attending the Event, Participants agree to remain informed of any updates to these Terms and Conditions and to abide by the most current version.

 

7.2  Waiver and Severability: Any provision of this Agreement that is determined by a court in any jurisdiction to be unenforceable for any reason shall be deemed severed from this Agreement in that jurisdiction and all remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

 

7.3  Force Majeure:  The Company shall not be held liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay arises from circumstances beyond the Company’s reasonable control. These circumstances, collectively referred to as “Force Majeure Events,” include, but are not limited to:

 

  • Acts of God (e.g., natural disasters, earthquakes, hurricanes, floods);
  • War, armed conflict, or acts of terrorism;
  • Pandemics, epidemics, or other health emergencies;
  • Government actions or restrictions (e.g., embargoes, travel bans, quarantines);
  • Labor strikes, lockouts, or other industrial actions;
  • Power outages, communication failures, or interruptions in transportation infrastructure; and
  • Any other events or circumstance beyond the reasonable control of the Company.

 

7.3.1  Consequences of Force Majeure Events:  If a Force Majeure Event prevents or delays the performance of any obligations under these Terms, the Company shall be excused from such performance for the duration of the Force Majeure Event.  The Company will make reasonable efforts to mitigate the impact of Force Majeure Events and, where feasible, will attempt to reschedule or adapt affected events or services.

7.3.2  Participant Acknowledgment:  By registering for and participating in the Event, Participant acknowledges and agrees that the Company shall not be held liable for any losses, costs, damages, or inconveniences resulting from a Force Majeure Event.

 

7.3.3  The Company shall notify Participants of the occurrence of a Force Majeure Event and any resulting changes to the Event as soon as reasonably practicable.

 

7.4  Governing and Applicable Laws:  These Terms and Conditions and any disputes arising out of or in connection with surgecruise.com, Surge 2026, or its associated events shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

 

7.4.1  Jurisdiction:  Any court matters shall be brought before courts located in Florida. By participating in the Event, all Participants expressly consent to the jurisdiction and venue of these courts.

 

7.4.2  International Provisions:  While the Event may include points of departure or ports of call in jurisdictions outside the United States, and Participants may be subject to additional local requirements or regulations, such circumstances shall not alter the applicability of Florida law to these Terms and Conditions.

 

7.4.3  By registering for and attending the Event, Participants acknowledge and agree that Florida law shall exclusively govern their participation and any related disputes, regardless of their location or the location of Event activities.

 

7.5  Dispute Resolution and Indemnification:  To resolve any disputes that arise out of or relate to the use of surgecruise.com or Surge 2026, including disputes involving multiple Participants and the Company, the following process shall be followed in sequential order:

 

7.5.1  Notification and Negotiation:  The disputing parties, including the Participant(s) and the Company, agree to first notify one another in writing of any dispute and work in good faith to negotiate a resolution. Each party shall be given thirty (30) calendar days following receipt of such notice to resolve the matter through direct discussions.

 

7.5.2  Mediation:  If the dispute cannot be resolved through negotiation, any party may request mediation to be conducted in the State of Florida.  The Company shall select the mediator, ensuring that the mediator is a neutral third party with no prior associations with any of the parties involved.  The mediation fees and costs shall be shared equally among all parties involved unless otherwise agreed. However, if the mediator determines that certain parties have raised frivolous or baseless claims, those parties shall be responsible for covering the full cost of the mediation.

 

7.5.3  Arbitration:  Should mediation fail to resolve the dispute, the matter shall be submitted to binding arbitration in the State of Florida, in accordance with the rules of the American Arbitration Association (AAA).  The arbitration shall be conducted before a single arbitrator, and the arbitrator’s decision shall be final and binding on all parties.  Each party shall bear its own attorneys’ fees and costs associated with the arbitration unless the arbitrator determines that certain claims or defenses raised by any party were frivolous or without merit. If such a determination is made, the responsible party or parties shall bear all fees, costs, and expenses, including attorneys’ fees incurred by the other parties.

 

7.5.4  Frivolous Claims in Multi-Party Disputes:  For disputes involving multiple parties, if the mediator or arbitrator determines that one or more parties have raised frivolous, baseless, or unsubstantiated claims, those parties shall bear all costs, fees, and expenses incurred in resolving those claims, including the attorneys’ fees of the other parties involved.

 

7.6  By participating in the Event, Participants waive their right to a trial by jury or to participate in any class action or representative proceeding.

 

7.7  Indemnification:  Participants agree to indemnify, defend, and hold harmless Peak Performers LLC, its affiliates, officers, directors, employees, agents, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

 

  • The Participant’s breach of these Terms and Conditions;
  • Any negligence, willful misconduct, or wrongful acts by the Participant; and
  • Any injury, damage, or loss caused to third parties by the Participant during the Event.

 

This indemnification obligation shall survive the conclusion of the Event and remain in full force and effect.

 

7.8  By registering for the Event, Participants agree to this Dispute Resolution and Indemnification clause and acknowledge that failure to comply may result in the termination of their participation.

 

  1. Data and Privacy: cookies and tracking technologies. By using our website, Participants consent to the use of these technologies as described below:

 

8.1  Use of Cookies:  Cookies are small data files stored on the Participant’s device. These files help us understand website usage, customize content, and provide a seamless browsing experience.  We may use both session cookies (which expire when you close your browser) and persistent cookies (which remain on your device for a set period).

 

8.2  Tracking Technologies:  We may also use web beacons, pixel tags, and other tracking technologies to collect data about website activity, such as pages visited, links clicked, and the duration of visits.  Data collected through tracking technologies is used to enhance our website’s functionality, monitor performance, and tailor advertising.

 

8.3  Third-Party Cookies and Analytics:  Our website may host cookies from third-party providers, or social media platforms, to collect statistics and deliver targeted advertisements. These third parties are responsible for their own cookie and privacy practices.

 

8.4  Managing Cookie Preferences:  Participants may manage or disable cookies through their browser settings. However, disabling cookies may affect the functionality and performance of the website.

 

8.5  Do Not Track (DNT) Requests:  While some browsers may offer DNT settings, our website does not currently respond to DNT signals but provides options for managing your privacy preferences directly via browser settings.

By participating in the Events and using our website, Participants agree to the practices outlined in these Data and Privacy clauses.

 

  1. User and Participant Interaction: Participants are encouraged to positively engage in forums, groups, discussions, webinars, gatherings, and other interactive platforms provided by Company in connection with Surge 2026 and associated events. By contributing to these platforms, Participants agree to the following terms:

 

9.1:  Respectful Conduct and Discourse:  Contributions must be respectful, constructive, and relevant to the discussion. Harassment, bullying, or offensive language will not be tolerated.

 

9.2  Ownership and Rights:  By submitting contributions, Participants grant Peak Performers LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, and distribute the content for Event-related purposes.

 

9.3  Accuracy of Information:  Participants are responsible for ensuring their contributions are truthful and do not violate the rights of others, including intellectual property rights.

 

9.4  Moderation:  Contributions may be moderated, edited, or removed at the Company’s discretion if they violate these terms or are deemed inappropriate.

 

9.5 Acceptable Use:  Company provides online and offline platforms to enhance the Participant experience. By using these platforms, Participants agree to abide by the following acceptable use terms:

 

9.5.1  Purpose:  The platforms are to be used solely for purposes related to the Event and associated activities.

 

9.5.2  Lawful Use:  Participants must comply with all applicable laws when using the platforms and may not use them for unlawful or unauthorized purposes.

 

9.5.3  Account Security:  Participants are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their accounts.

 

9.6 Prohibited Activities and Restrictions:  Participants are expressly prohibited from engaging in any of the following activities while participating in the Event or interacting with the Company’s platforms and services:

 

9.6.1  Disruptive Behavior:  Actions that disrupt the Event, interfere with the experience of other participants, or compromise safety.

 

9.6.2  Unauthorized Content Sharing:  Publishing, transmitting, or distributing defamatory, obscene, or otherwise harmful content.

 

9.6.3  Uploading or sharing materials that violate the intellectual property rights of the Company or any third party.

 

9.6.4  Malicious Activities:  Attempting to hack, alter, or unlawfully access the Company’s systems, networks, or platforms.

 

9.6.5  Introducing harmful software such as viruses, malware, or ransomware onto any Company or participant device or communication system.

 

9.6.7  Commercial Exploitation:  Using the platforms for unauthorized commercial or promotional purposes, including unsolicited advertising or spam.

 

9.7  Suspension and Termination:  Company reserves the right to suspend or terminate a Participant’s involvement in the Event or access to Company platforms under the following circumstances:

 

9.7.1  Violation of Terms:  Breaching any part of this agreement, including engaging in prohibited activities or failing to adhere to acceptable use policies.

 

9.7.2  Safety and Security:  Engaging in actions that compromise the safety of others, disrupt the Event, or pose a threat to security.

 

9.7.3  Legal Compliance:  Failure to comply with applicable laws or regulations relevant to participation in the Event.

 

9.7.4  Discretionary Grounds:  Company may suspend or terminate access at its sole discretion to maintain the integrity, safety, or well-being of the Event and its participants.

 

9.7.5  Participants whose access is terminated are not entitled to reimbursement for any fees paid in connection with the Event and may be held liable for any damages arising from their conduct.

 

9.8  By participating in the Event or using the Company’s platforms, Users and Participants agree to adhere to the practices outlined in these User and Participant Interaction clauses.

 

  1. Intellectual Property:

 

10.1 Copyright Complaints and Counter Notifications:  Peak Performers LLC respects the intellectual property rights of others and expects Participants to do the same. If you believe your copyright-protected content has been used or displayed on our platforms in a manner that constitutes copyright infringement, please follow the process below to file a complaint or counter notification:

 

10.1.1  Filing a Copyright Complaint:  Send a written complaint to Company using the contact form at surgecruise.com. Your complaint must include the following details:

 

  • Identification of the copyrighted work(s) you claim has been infringed.
  • A description of where the allegedly infringing material is located on our platforms.
  • Your name, address, phone number, and email address.
  • A statement, under penalty of perjury, that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in your complaint is accurate and that you are authorized to act on behalf of the copyright owner.
  • The Participant’s electronic or physical signature.

 

10.1.2  Counter Notifications:  If a Participant believes that their content was mistakenly removed or disabled due to a copyright complaint, the Participant may submit a counter notification.  Counter notifications must include the following details:

 

  • Identification of the content that was removed or restricted and the location where it appeared before removal.
  • A statement, under penalty of perjury, that there is a good faith belief that the removal was a mistake or that the content is permitted by law.
  • The Participant’s name, address, phone number, email address, and a statement agreeing to the jurisdiction of the federal court in the Participant’s area.
  • The Participant’s electronic or physical signature.

 

10.1.3  Response and Resolution:  Upon receipt of a valid copyright complaint or counter notification, Company will review the materials and take appropriate action, which may include removing or restoring the content.

 

10.2 Ownership and Restrictions on Use:  All content, materials, and intellectual property made available by Company through the Site or concerning Surge 2026 and associated events are the exclusive property of Company.  This includes, but is not limited to, trademarks, logos, designs, text, graphics, photos, audio, video, and software (the “Content”).  Participant acknowledges that they do not acquire any ownership rights to the Content by attending the Events or using related services or platforms.

 

10.2.1  Restrictions on Use:  Participants are granted a limited, non-exclusive, non-transferable right to access and use the Content solely for their personal, non-commercial purposes concerning the Event.  Participants may not:

 

  • Copy, reproduce, distribute, or publicly display the Content without prior written permission from Company.
  • Modify, create derivative works from, or exploit the Content for commercial or unauthorized purposes.
  • Remove, obscure, or alter copyright notices, trademarks, or other proprietary identifiers from the Content.

 

10.3  Any unauthorized use of the Content constitutes a violation of these terms and may result in suspension of access to the Event or legal action.

 

10.4  By participating in the Event or using its platforms, Participants agree to uphold the intellectual property rights of Company and to comply with the practices outlined in these Intellectual Property clauses.

 

  1. Third-Party Interactions:

 

11.1 Third Party Products and Services:  Company may work with third-party providers to offer products or services to enhance the Participant experience for Surge 2026 and associated events. Participant agrees to the following terms when interacting with these third-party products or services:

 

11.1.1  Independent Providers:  Third-party providers operate independently of Company. We do not own, manage, or control these providers, and their services are subject to their terms and conditions.  Participants are responsible for reviewing and agreeing to the terms of third-party services before use.

 

11.1.2  Disclaimer of Liability:  Company assumes no liability for any loss, damage, or dissatisfaction arising from the use of third-party products or services.  Issues or disputes with third-party providers must be resolved directly with the provider.

11.1.3  Selection of Providers:  While Company strives to partner with reputable third-party providers, we do not guarantee the quality, availability, or suitability of their offerings.

 

11.2 External Links:  The Company’s website and platforms may include links to external websites or resources that are not operated or controlled by Company. By following these links, Participants acknowledge and accept the following terms:

 

11.2.1  No Endorsement:  Links to third-party websites are provided for convenience only and do not constitute an endorsement or recommendation by Company.

 

11.2.2  Independent Websites:  Third-party websites operate independently, and we are not responsible for their content, policies, or practices. Participants should review the terms, conditions, and privacy policies of any linked external websites before engaging with them.

 

11.2.3  Limited Responsibility:  Company is not liable for any loss, damage, or harm caused by interactions with external links. Use of these links is at the Participant’s sole risk.

 

11.3 Provider Offers:  From time to time, third-party providers may extend exclusive offers or promotional opportunities to Participants as part of the Event experience. The following terms apply to such offers:

 

11.3.1  Company’s Role:  Company may facilitate communication between Participants and service providers but acts solely as an intermediary.  Company may not be an agent, partner, or representative of the third-party provider, and we do not assume responsibility for offers made by them.

 

11.3.2  Terms of Offers:  Offers from third-party providers are subject to the stated terms and conditions of the provider. Participants are responsible for understanding and complying with these terms.

 

11.3.3  No Guarantee:  Company does not guarantee the availability, validity, or value of third-party offers and assumes no liability for issues resulting from participation in such offers.

 

11.3.4  Independent Transactions:  Transactions or arrangements arising from third-party offers are between the Participant and the provider. Participants agree that Company is not liable for disputes, refunds, or any other issues related to these transactions.

 

11.4  By participating in the Event or engaging with Company’s platforms, Participants acknowledge and agree to the policies outlined in this document.

 

  1. Communication

 

12.1 Contact Information:  Participants may contact the Company for inquiries, support, or assistance related to Surge 2026 and associated events using the following details:

 

Email via the contact form at surgecruise.com

 

The Company strives to respond to all communications promptly during standard business hours.

 

12.2 Notification Methods:  The Company will use the following methods to communicate important information, updates, and notices to Participants regarding the Event:

 

12.2.1  Email:  The primary method of communication. Participants must ensure that the email address provided during registration is valid and actively monitored.

 

12.2.2  Phone Calls or Text Messages:  The Company may contact Participants via voice or test messages using their registered phone numbers.

 

12.2.3  Postal Mail:  For official correspondence, including legal or regulatory communications, notifications may be sent to the mailing address provided by Participants at the time of registration.

 

12.2.4  Event Platforms:  Notifications may also be delivered through event-specific platforms, such as online groups, mobile apps, Participant portals, or other communication tools provided by the Company.

 

12.3  Participants are responsible for ensuring that their contact information is accurate and up-to-date. Failure to receive a notification due to outdated or incorrect contact details does not exempt Participants from complying with the terms or requirements outlined in such notices.

 

12.4  By registering for the Event, Participants consent to receiving communications from the Company through the methods outlined above.

 

  1. Miscellaneous

 

13.1 Site Security:  The Company is committed to maintaining the security of its event platforms and services. Participants are prohibited from engaging in activities that compromise site security, including but not limited to unauthorized access, interference with system operations, or the use of malicious code. The Company reserves the right to investigate and pursue legal action against any individual or entity attempting to breach site security.

 

13.2 Submissions:  Participant may submit questions, feedback, or other materials (“Submissions”) to the Company through its designated communication channels. By providing such Submissions, Participant grants the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, or distribute the Submissions for any purpose. Participant acknowledges that Submissions do not create any confidentiality obligation for the Company.

 

13.3 Advertisers:  The Company’s platforms may display advertisements or promotions from third-party advertisers. Participants acknowledge that interactions with these advertisers are conducted solely between the Participant and the advertiser. The Company is not responsible for any loss or damage resulting from such interactions or transactions.

 

13.4 Corrections and Inaccuracies:  The Company strives to provide accurate and up-to-date information; however, it does not guarantee that all content on its platforms is free of errors, inaccuracies, or omissions. The Company reserves the right to correct errors, modify information, or update content at any time without prior notice.

 

13.5 Modifications and Interruptions:  The Company retains the right to modify, suspend, or discontinue its services or event operations for maintenance, updates, or other reasons at its sole discretion. The Company shall not be liable for any inconvenience, loss, or damage arising from such modifications or interruptions.

 

13.6 Personal Possessions:  Participant assumes full responsibility for the safety and security of their personal possessions while attending the event. The Company is not liable for any loss, theft, or damage to personal items. Participants are encouraged to secure their belongings at all times.

 

13.7 Refusal of Services:  The Company reserves the right to refuse services, deny entry, or remove Participants from the event at its discretion. This action may be taken in cases of non-compliance with terms or regulations, disruptive behavior, or any activity that jeopardizes the safety or experience of others.

 

13.8 Waiver of Class Action:  By agreeing to these terms, Participant waives the right to file or participate in any class action lawsuit against the Company. Any legal dispute shall be resolved on an individual basis, following the dispute resolution provisions of this agreement, without any consolidation of claims from multiple parties.

 

13.9 Special Needs Responsibility to Inform:  Participants with special needs, dietary restrictions, or accessibility requirements are responsible for informing the Company in advance. The Company will comply with applicable laws or regulations, and will make reasonable efforts to accommodate Participant’s special needs, but cannot guarantee the availability or timely delivery of all requested services or accommodations.

 

13.10 Non-agency Disclosure and Acknowledgment:  Participant acknowledge that their participation in the event does not create any form of agency, partnership, or employment relationship with the Company. Participation is undertaken as an individual, and all actions are conducted independently from the Company.

 

13.11 Subsequent Offers:  Participant understands that participation in the event does not guarantee invitations, discounts, or offers for future events or services. Any subsequent offers are made at the sole discretion of the Company and are subject to their own terms and conditions.