HOLLY'S CURATED EXPERIENCES

Release of Liability

Taking part in these experiences is at your own risk. This page explains the risks and what you agree to. Please read it before you book.

Release of Liability and Assumption of Risk

Version v2

Please read this carefully before you book. It affects your legal rights.

This Release of Liability and Assumption of Risk ("Release") is between you and (1) Marco African's Food Restaurant ("Marco's"), a business registered in Zanzibar, Tanzania, registration number Z0000313923, and (2) Holly's Curated Experiences LLC ("HCE"), a limited liability company registered in Missouri, USA. Marco's and HCE are separate businesses that work together to offer these experiences; neither is the agent or employee of the other. Marco's operates the boat trips (including the captain and crew), prepares and serves all of the food, leads the cooking classes, and takes your booking and payment. HCE curates the experiences and handles the setup, decor, and breakdown (for example, the tables and styling for picnics and Sunset Farm to Table). This Release applies to every experience you book through HCE and Marco's, including:

  • Dhow trips (sailing, snorkeling, fishing, sunset trips, Blue Lagoon & the Rock, and sandbank picnics)
  • Luxury Picnics
  • Cooking Classes at Marco African's Food Restaurant
  • Sunset Farm to Table
  • Any transportation that HCE coordinates for you to or from an experience

In this Release, "Released Parties" means HCE, Marco's, and each of their owners, members, managers, employees, captains, crew, hosts, drivers, volunteers, contractors, agents, insurers, and successors, as well as the owners and operators of the farm, beach, sandbank, or other property where an experience takes place.

"You" means the person booking and each guest in your party.

1. You understand the risks

Outdoor, on-the-water, food-related, and travel experiences carry real risks, including the following. This list is not complete.

  • On the water: drowning, capsizing, collisions, rough seas, strong currents and tides, changing weather, falls on or off the boat, slippery decks, and contact with marine life, coral, sea urchins, jellyfish, or other hazards, including while swimming or snorkeling.
  • On land: uneven sand, rocks, and terrain; sun exposure, heat, dehydration, and sunburn; insects and animals; weather; and hazards at a working farm.
  • Food and drink: allergic reactions, foodborne illness, and other illness from food, drink, water, or ingredients, including those prepared by Marco's or served by HCE. Cooking classes involve knives, heat, open flame, and hot surfaces.
  • Alcohol: impairment, injury, and illness, particularly in the sun and on a boat.
  • Transportation: road accidents, delays, and injuries in vehicles or boats, including those operated by independent drivers or operators.
  • Remote locations: some experiences take place far from hospitals and emergency care, and medical help may be delayed or unavailable.

2. You choose to take part and accept the risks

You take part in HCE experiences voluntarily. You knowingly and freely accept all of these risks, including risks that are not listed here or that cannot be foreseen, and including risks caused by the ordinary negligence of the Released Parties.

3. You release the Released Parties from liability

To the fullest extent the law allows, you release, waive, and give up all claims against the Released Parties, and agree not to sue them, for any injury, illness, disease, disability, death, loss, damage, or expense of any kind that arises out of or is connected with your participation in an experience or any transportation coordinated by HCE. This includes claims caused by the ordinary negligence of the Released Parties. This Release applies to you and, to the extent the law allows, to your heirs, executors, dependants, family members, and anyone who claims through you or on your behalf.

This Release does not exclude or limit liability for fraud, gross negligence, or intentional or willful misconduct by a Released Party, or any other liability that cannot lawfully be excluded under the laws of Tanzania.

4. Health, fitness, and insurance

You confirm that you are in good enough health to take part, and that you will tell HCE before the experience about any condition (for example, a heart condition, pregnancy, mobility limits, or inability to swim) that could affect your safety. You understand that HCE does not provide medical care and that taking part is at your own risk. You are responsible for having your own travel and medical insurance that covers the activities you book, including boat trips, swimming, and snorkeling, and any emergency medical care or evacuation.

5. Food, drinks, and allergies

You are responsible for telling HCE and Marco's about any allergy, intolerance, or dietary need before your experience, by email at info@hollyscuratedexperiences.com. Food is prepared by Marco's using fresh, local ingredients in shared kitchens, and neither Marco's nor HCE can guarantee that any food is free of allergens or cross-contact. You accept the risk of any food or drink you choose to eat or drink.

6. Alcohol

Alcohol is included in or available with some experiences. You are responsible for your own behavior and for drinking responsibly. HCE and its crew may refuse or stop serving alcohol, and may end your participation, if they think it is unsafe. You will not hold the Released Parties responsible for your actions or the actions of other guests.

7. Safety instructions and the captain's authority

You agree to follow all instructions from the captain, crew, hosts, and drivers. You will wear a life jacket when instructed. The captain may change, shorten, delay, or cancel any trip because of weather, tide, sea conditions, or safety. Ignoring safety instructions is at your own risk.

8. Children and minors

Experiences are family-friendly, and guests of all ages are welcome. Children must be supervised by a parent or responsible adult at all times. If you are booking for a minor, you are agreeing for them as their parent or legal guardian, you will confirm this by checking the separate guardian box on the booking page, and you agree that this Release applies to the minor and to any claim made on the minor's behalf. Every guest under 18 must be covered by a parent or legal guardian who has checked that box.

9. Your belongings

You are responsible for your own belongings, including phones, cameras, jewelry, and clothing. The Released Parties are not responsible for any item that is lost, stolen, damaged, or dropped in the water.

10. Transportation

Where HCE helps arrange transportation, the driver or operator may be an independent provider. HCE's help in arranging it does not make HCE responsible for the provider's actions.

11. Indemnity

If you, or anyone in your party, causes damage or injury to a person or property, or if a claim is brought against a Released Party because of your actions, you agree to cover the cost of that damage, claim, and legal fees to the extent the law allows.

12. Booking on behalf of a group

If you book for more than one person, you confirm that you have the authority to accept this Release for everyone in your party who is an adult, that you have shared it with them, and that you accept it on behalf of any minor in your party. HCE may also ask each adult guest to confirm this Release on arrival.

13. Governing law and disputes

This Release is governed by the laws of the United Republic of Tanzania, as they apply in Zanzibar. If a dispute arises, you and HCE agree to first try to resolve it in good faith by emailing info@hollyscuratedexperiences.com and discussing it for at least 30 days. If it cannot be resolved, the dispute will be finally settled by arbitration. The arbitration will be conducted in English, and its seat will be Zanzibar, Tanzania, before a single arbitrator. The arbitrator's decision is final and binding. Either party may ask a court for urgent protective orders while the arbitration is pending.

14. If part of this Release is not enforceable, and language

If a court finds any part of this Release unenforceable, the rest stays in effect. This Release is written in English. If it is translated into another language, the English version controls.

15. Acknowledgment

By checking the box (or boxes) on the booking page and making payment, you confirm that you have read this Release, that you understand it, that you are giving up important legal rights, and that you are signing it voluntarily. You have had the chance to ask questions before booking, and you are not relying on any promise or statement that is not written here.

Questions before you book? Email us at info@hollyscuratedexperiences.com.