TERMS AND CONDITIONS

  1. Sale and Purchase. Welk agrees to sell You the Membership and You agree to pay the Purchase Price for the purchase of the Membership subject to these Terms and Conditions.  The Privacy Policy and Platform Terms of Use each are made
    part of this Agreement.
  2. Access to Platform and Updates.



    • Access to Platform. Beginning on the Membership Start Date, Your Membership will provide You with Premium-level
      access to the Platform, including, but not limited to, discount information and pricing on hotels, car rentals,
      air travel, activities, and other travel services through the Platform only made available to Premium-level
      members, using Your own computers, tablets, and other compatible Internet-accessible devices using the login(s)
      and password(s) You establish through Your Platform account.


    • Updates and Messages. We may also provide You with periodic e-mails, text messages, or other communications
      to alert You to updates to the Platform, the expiration date of Your Membership, or opportunities available
      through the Platform (“Updates”).  You agree that we may monitor and/or record Your telephone conversations
      with Welk for quality assurance and other purposes, and use automated telephone dialing, text messaging,
      pre-recorded messages, and e-mail to provide Updates to You about Your Membership.  Welk will not be liable
      to You for message and data costs or for messages received by unintended recipients.


    • Free Trials. If Your access to the Platform started with a free trial, You will have access to Your same
      account (Welk Reward Credits, Your reservations, etc.) using the same login credentials You used during Your
      free trial period.  If You do not purchase Your Membership before Your free trial expires, Your Premium-level
      Membership will automatically expire, and You will only be able to access non-Premium level information and
      pricing through the Platform, which does not include any discounted rates for travel services only made available
      to Premium-level members (“Standard Access”).
  3. Duration of Your Membership.



    • Term of Membership. Your Membership expires twelve (12) months after Your Membership Start Date (the
      “Term”).  You may extend Your Membership for additional twelve (12) month periods by paying a $199.95 renewal
      fee, which amount is subject to change as set forth in this Agreement (the “Renewal Fee”) before Your Membership
      expires.


    • Ongoing Membership. YOUR MEMBERSHIP WILL CONTINUE YEAR-TO-YEAR AND AUTOMATICALLY RENEW UNLESS AND UNTIL
      YOU CANCEL YOUR MEMBERSHIP OR WELK TERMINATES IT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.  YOU MUST
      HAVE INTERNET ACCESS AND PROVIDE US WITH A CURRENT, VALID, ACCEPTED METHOD OF PAYMENT, WHICH YOU MAY UPDATE
      FROM TIME TO TIME (YOUR “PAYMENT METHOD”) TO USE THE PLATFORM.  WELK WILL BILL THE YEARLY RENEWAL FEE TO
      YOUR PAYMENT METHOD.  YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS AT THE END EACH TERM TO AVOID BILLING
      OF THE NEXT YEAR’S RENEWAL FEE TO YOUR PAYMENT METHOD.  If You do not renew Your Membership, Your Premium-level
      Membership will automatically expire without notice, and You will only be granted Standard Access.
  4. Membership Billing.



    • Recurring Billing. BY STARTING YOUR MEMBERSHIP AND PROVIDING OR DESIGNATING A PAYMENT METHOD, YOU AUTHORIZE
      WELK TO CHARGE YOU A RENEWAL FEE AT THE THEN CURRENT RATE, AND ANY OTHER CHARGES YOU MAY INCUR IN CONNECTION
      WITH YOUR USE OF THE PLATFORM, SUCH AS TAXES OR POSSIBLE TRANSACTION FEES, TO YOUR PAYMENT METHOD.  TO STOP
      SUCH RECURRING CHARGES, YOU MAY CANCEL YOUR ACCOUNT AS SET FORTH IN THIS AGREEMENT.  You acknowledge that
      the amount billed each year may vary from year-to-year for certain reasons, including, but not limited to,
      changes to the Renewal Fee or differing amounts due to promotional offers, and You authorize Welk to charge
      Your Payment Method for such varying amounts, which may be billed yearly in one or more charges.


    • Price Changes. Welk reserves the right to adjust pricing for memberships to access the Platform or any
      components thereof in any manner and at any time as Welk may determine in its sole and subjective discretion.
      Any price changes to Your Membership will take effect following e-mail notice to You by e-mail or other means,
      which Welk will provide to You within a reasonable time before Your Term expires.


    • Billing Cycle. The Purchase Price will be billed on Your Membership Start Date and each year thereafter
      unless and until You cancel Your Membership. Welk will automatically bill your Payment Method each year on
      the calendar day corresponding to Your Membership Start Date.  Welk reserves the right to change the timing
      of its billing.  In the event Your Membership Start Date is not contained in a given month in a given year,
      we may bill Your Payment Method on a day in the applicable month or such other day as we deem appropriate.
      Your renewal date may change due to changes in Your Membership.


    • No Refunds. Except as otherwise expressly provided in Section 5.2 and Section 15 of  this Agreement,
      and to the fullest extent permitted under applicable law, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS
      OR CREDITS FOR PARTIALLY USED MEMBERSHIP TERMS.  Following any cancellation of Your Membership, however,
      You will continue to have access to the Platform for the remainder of the Term.  At any time, and for any
      reason, Welk may provide a refund, discount, or other consideration to some or all of our members (“credits”).
      The amount and form of such credits, and the decision to provide them, are at Welk’s sole and subjective
      discretion. The provision of credits in one instance does not entitle You to credits in the future for similar
      instances, nor does it obligate Welk to provide credits in the future, under any circumstance.


    • Payment Methods. You may edit Your Payment Method information by visiting the Platform and clicking on
      the “My Account” link. If a payment is not successfully settled due to expiration, insufficient funds, or
      otherwise, and You do not edit Your Payment Method information or cancel Your Premium-level Membership, Your
      Membership will be cancelled, and You will remain responsible for any uncollected amounts.  After Your Membership
      is cancelled, You will only be granted Standard Access.


    • Cancellation of Membership. You may cancel Your Membership at any time, and You will continue to have
      access to the Membership through the end of Your Term, after which time You will only be granted Standard
      Access.  EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15 OF THIS AGREEMENT, WE DO NOT PROVIDE REFUNDS OR CREDITS
      FOR ANY PARTIAL-YEAR MEMBERSHIP PERIODS. To cancel, You may e-mail a written request for cancellation to
      support@experiencesbywelk.com and provide the e-mail address, first name, last name and phone number associated
      with Your Membership.
  5. Other Important Membership Information.



    • Terms and Conditions for Purchases Made Using Platform. If You purchase air or sea transportation or
      other travel services using the Platform, all applicable terms and conditions will be provided to You in
      writing for You to agree to at the time of Your purchase.  You agree to abide by the terms and conditions
      of any provider of travel products, benefits or services You purchase using the Platform.


    • Cancellation of Transportation and Travel Services. Upon cancellation of air or sea transportation or
      other travel services purchased using the Platform, where You are not at fault and have not cancelled in
      violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by You,
      all sums paid using the Platform for transportation or services not provided will be promptly paid to You,
      unless You advise Welk otherwise in writing, after cancellation. This provision does not apply where Welk
      or its third party vendor has remitted the payment to another registered wholesale seller of travel or a
      carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon
      transportation or service.  In this situation, Welk will provide You with a written statement accompanied
      by reasonable proof of disbursement of the payment, and if disbursed to a wholesale seller of travel, proof
      of current registration of that wholesaler.


    • Restitution Fund. This transaction is covered by the California Travel Consumer Restitution Fund (TCRF)
      if the seller of travel was registered and participating in the TCRF at the time of sale and You were located
      in California at the time of payment.  Eligible passengers may file a claim with TCRF if the passenger is
      owed a refund of more than $50.00 for transportation or travel services which the seller of travel failed
      to forward to a proper provider or such money was not refunded to You when required.  The maximum amount
      which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to
      the seller of travel, not to exceed $15,000.00. A claim must be submitted to TCRF within 12 months after
      the scheduled completion date of the travel.  A claim must include sufficient documentation to prove Your
      claim and a $35.00 processing fee.  Claimants must agree to waive their right to other civil remedies against
      a registered participating seller of travel for matters arising out of a sale for which You file a TCRF claim.
      You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur,
      CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.


    • Seller of Travel. Welk is registered in California as Seller of Travel No. 2126630-50. Registration as
      a seller of travel does not constitute approval by the State of California.


    • Bond Disclosure. Welk maintains a seller of travel bond issued by Westchester Fire Insurance Company
      in the amount of $30,000, and a discount buyer organization bond issued by Westchester Fire Insurance Company
      in the amount of $20,000. Copies of these bonds are filed with the California Secretary of State.
  6. Limited License. Through Your Membership, You are granted a non-exclusive, non-transferable, limited license
    to access and use the Platform and the Updates for Your own personal use and enjoyment only and not for any commercial
    purpose.



    • You may use the Platform in accordance with this Agreement until Your Membership expires or is
      terminated as provided in this Agreement.


    • You may access the Platform, including the data made available through the Platform, via the Internet
      and through the Experiences by Welk mobile application using Your own computers, tablets, and other compatible
      Internet-accessible devices using the login(s) and password(s) You establish through your Platform account.
      This limited license includes the right to download and temporarily store the data made available on the
      Platform to storage devices under Your exclusive control.  You may create printouts or other hard copies
      of the data made available on the Platform and the Updates for Your personal use.


    • You will not copy, republish, post, transmit, distribute, or otherwise use the data made available
      on the Platform and in the Updates except as expressly permitted by this Agreement, or with Welk’s prior
      written permission, or as allowed under the fair use provision of the United States Copyright Act, 17 U.S.C.
      § 107.


    • You will not sell, license, or distribute the data available on the Platform and in the Updates
      to third parties or use the data available on the Platform of any material offered for sale, license, or
      distribution without Welk’s prior written consent.


    • You will not remove or obscure any proprietary notices, including, without limitation, any and
      all copyright, trademark, and patent designations from the Platform, the data made available on the Platform,
      or the Updates.


    • You will not reverse engineer, decompile, disassemble, or otherwise attempt to discern source code
      of the components of the Platform, or reproduce all or any portion of the components of the Platform.
  7. Intellectual Property. You agree that all rights, title and interest in and to the Platform, the data available
    on the Platform, and the Updates, including all copyrights and other intellectual property, which includes, without
    limitation, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data
    compilations, icons, code, links, or other electronic files or things that can be uploaded, downloaded, copied from,
    or posted on, the Internet or on websites (referred to hereafter as “Content”) belong to Welk or its third-party
    vendors, and that You will not claim otherwise.
  8. Passwords and Security. Through Your Platform account, You will establish a single login identification and password
    to access and use the Platform.



    • You are responsible for maintaining the confidentiality of Your password.


    • You will immediately notify Welk of any known or suspected breach of security, including loss,
      theft, or unauthorized disclosure of Your password. Welk reserves the right to place any account on hold
      anytime with or without notification to the Member in order to protect itself and its partners from what
      it believes to be fraudulent activity.


    • You are responsible for all usage and activity associated with Your Membership, including, without
      limitation, use of Your Membership by any third party authorized by You to use Your Membership, password,
      and login identification. You are responsible for any and all unauthorized use of Your Membership.  Any fraudulent,
      abusive, or otherwise illegal activity shall be a breach of this Agreement and may be grounds for termination
      of this Agreement, at Welk’s sole discretion.


    • Welk or its third-party vendors will take reasonable security measures to protect against loss,
      misuse and/or alteration of any information or Content under its control that is on, or accessible from,
      the Platform or in the Updates, including security procedures intended to prevent hacking or other unauthorized
      access to the Platform. While “perfect security” on the Internet does not exist, Welk or its third-party
      vendors will take reasonable steps to secure the Platform and the Content available on the Platform.  Welk
      urges You to be mindful of any communication requesting that You submit credit card or other information.
      Providing Your information in response to these types of communications can result in identity theft.  Always
      access Your sensitive account information by going directly to the Platform and not through a hyperlink in
      an e-mail or any other electronic communication, even if it looks official.


    • You are responsible for updating and maintaining the truth and accuracy of the information You
      provide to Welk relating to Your Membership account.
  9. Your Representations and Warranties. You represent and warrant that the persons signing this Agreement are legally
    capable and authorized to do so and have the capacity to use the Membership.  You are purchasing the Membership for
    Your personal use and enjoyment and not for any commercial purpose.  You acknowledge that Membership does not entitle
    You to reservations in any specific geographic location or to any specific travel service, and that available travel
    services are subject to change without notice.
  10. Warranty Disclaimer. PURCHASES OF TRAVEL PRODUCTS, BENEFITS, AND SERVICES THROUGH THE PLATFORM MAY BE FULFILLED
    BY THIRD PARTIES. WELK HAS NO OBLIGATION AND MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO SUCH FULFILLMENT,
    THE PLATFORM, THE EXPERIENCES PREMIUM PROGRAM, OR THE PRODUCTS, BENEFITS, AND SERVICES THEMSELVES, INCLUDING WARRANTIES
    OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WELK EXPRESSLY DISCLAIMS AND YOU IRREVOCABLY
    WAIVE, EACH OF THE FOREGOING WARRANTIES.

    ALL PRODUCTS, BENEFITS, AND SERVICES OFFERED THROUGH THE PLATFORM ARE SUBJECT TO AVAILABILITY, AS WELL AS ANY TERMS, CONDITIONS,
    DISCLAIMERS, OR RESTRICTIONS IMPOSED BY THE PRODUCTS, BENEFITS, AND SERVICES, OR AS DISCLOSED BY WELK. PURCHASERS ARE RESPONSIBLE
    TO CONFIRM THEIR RESERVATIONS WITH PROVIDERS IN ADVANCE OF THEIR STAY/USE AND TO FAMILIARIZE THEMSELVES WITH ALL TERMS, CONDITIONS,
    DISCLAIMERS, OR RESTRICTIONS IMPOSED BY SUCH PROVIDERS. THE PLATFORM, PLATFORM WEBSITE AND ITS CONTENT, UPDATES AND CONTENT
    AVAILABLE ON THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  WELK DISCLAIMS ALL
    WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
    WELK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
    WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS(S) THAT MAKE THE PLATFORM WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
    OTHER HARMFUL COMPONENTS.  WELK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE PLATFORM,
    THE PLATFORM WEBSITE AND ITS CONTENT, THE UPDATES, AND CONTENT AVAILABLE ON THE PLATFORM IN TERMS OF ACCURACY, RELIABILITY,
    OR OTHERWISE.  THE PLATFORM, THE PLATFORM WEBSITE AND ITS CONTENT, THE UPDATES, AND CONTENT AVAILABLE ON THE PLATFORM MAY
    INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WELK OR ITS THIRD-PARTY VENDORS MAY MAKE CHANGES OR IMPROVEMENTS
    AT ANY TIME.  MEMBER, AND NOT WELK, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT
    OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE PLATFORM, THE PLATFORM WEBSITE AND ITS CONTENT, THE UPDATES, AND CONTENT
    AVAILABLE ON THE PLATFORM.  WELK MAKES NO WARRANTIES THAT YOUR USE OF THE PLATFORM, THE PLATFORM WEBSITE AND ITS CONTENT,
    THE UPDATES, AND CONTENT AVAILABLE ON THE PLATFORM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY
    FOR ERRORS OR OMISSIONS IN SUCH SITE AND CONTENT.
  11. Indemnification.



    • Indemnification of Welk. You agree to indemnify, defend and hold harmless Welk, its subsidiaries and
      affiliates, and each of their respective licensors, site  developers, service providers, employees, agents,
      officers, directors, and attorneys  (the “Welk Indemnified Parties”) from any claims or demands arising (i)
      from breach of this Agreement or the Platform Terms of Use by You or by unauthorized use of the Platform,
      the Updates, and Content available on the Platform, including, without limitation, any use of such materials
      and Content other than as expressly authorized in this Agreement and the Platform Terms of Use; (ii) any
      loss, cost, claim, expense, damage or injury to persons or property of, including personal injury or death,
      arising out of or as a result of You or Your guests’ use of hotels, car rentals, air travel, activities,
      or other travel services You purchase through the Platform; and (iii) Your violation of any law or the rights
      of a third party.  Your indemnification obligation shall survive the termination of this Agreement.  You
      agree that the Welk Indemnified Parties will have no liability in connection with any such claims or demands
      that result from a breach or unauthorized use of the Platform, the Platform website and its Content, the
      Updates, and Content available on the Platform, and You agree to indemnify any and all resulting loss, damages,
      judgments, awards, costs, expenses, and reasonable attorneys’ fees of the Welk Indemnified Parties in connection
      with such breaches or unauthorized use.  You will indemnify and hold the Welk Indemnified Parties harmless
      from and against any claims or demands brought by third parties arising out of Your use of the information
      or Content accessed from or located on the Platform website or in the Updates.


    • Indemnification of Member. Welk will indemnify, defend, and hold You harmless from any claims or demands
      as a result of a breach of this Agreement by Welk.  Welk’s indemnification obligation shall survive the termination
      of this Agreement.  Welk agrees that You will have no liability in connection with any claims or demands
      of third parties that arise solely from Your appropriate use of the Platform, the Platform website and its
      Content, the Updates, and Content available on the Platform in compliance with this Agreement and the Platform
      Terms of Use, and Welk agrees to indemnify any and all Your resulting loss, damages, judgments, awards, costs,
      expenses, and reasonable attorneys’ fees in connection therewith.
  12. Arbitration Provision. Resolving customer concerns where reasonably possible to do so is important to us. If
    Your concern has not been resolved, you may contact our customer service center at (888) 372-5332.  If we cannot
    agree, then any dispute must be resolved as set forth below:



    • Any dispute, claim, suit, demand or controversy arising out of or relating to the use of Your Membership,
      this Agreement, the Platform, the Platform website and its Content, the Updates, and Content available
      on the Platform, including without limitation the breach, termination, enforcement, interpretation, or
      validity thereof, and/or the scope or applicability of this arbitration agreement, (“Dispute”), shall
      be determined exclusively and finally by arbitration. 
      Arbitration is a process whereby a dispute
      is submitted to an arbitrator, for a final and binding determination, known as an award. The arbitrator is
      an individual, similar to a judge, who reviews and weighs evidence provided by both Parties, and renders
      an award enforceable in court. Decisions by an arbitrator are as enforceable as any court order and are subject
      to very limited review by a court.

      By agreeing to mandatory and binding arbitration, You are agreeing to waive the right to go to court to enforce
      or defend Your rights, and to waive Your rights to a jury trial and to litigate claims on a class-wide
      or class-action basis. The parties’ rights will be determined by a neutral arbitrator.
      If any
      part of this Section 12 other than the class action waiver in this paragraph is declared unenforceable, the
      remainder shall be enforceable. If the class action waiver is declared unenforceable in a proceeding between
      You and Welk, without impairing the right to appeal such decision, this entire Section 12 (except for this
      sentence) shall be null and void in such proceeding. It is intended that this agreement to arbitrate be broad
      and comprehensive and includes, without limitation, any Dispute arising out of or related to Your use of
      Your Membership, the Platform, the Platform website and its Content, the Updates, and Content available on
      the Platform Your participation in any activities/events sponsored, organized, or made available by Welk
      or its affiliates, and Your use of the products, benefits, and/or services accessed through or purchased
      using the Platform.



    • The arbitration shall be administered by Judicial Arbitration and Mediation Service (“JAMS”),
      JudicateWest, or ADR Services, Inc. (as chosen by the party initiating the arbitration). The arbitration
      shall be held in San Diego County unless another location has been agreed to by the parties in writing. The
      parties can appear at the arbitration in person, via telephone, or via video conference (if available). Either
      party may submit its position for decision on the papers (solely by written presentation) in a format that
      is fair to both parties and acceptable to the Arbitrator. If You initiate the arbitration, Welk will pay
      all administrative and arbitrator fees that exceed the amount of the filing fees that You would have to pay
      if You had brought a lawsuit in state court (in San Diego County). The arbitration shall be held before a
      single arbitrator and shall be conducted pursuant to this Agreement, the Federal Arbitration Act (9 U.S.C.
      § 1 et. Seq.) (“FAA”) and the JAMS Streamlined Rules and Procedures. The arbitrator shall follow applicable
      substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of
      privilege, and issue a written reasoned decision which will be final and binding except for any review under
      the FAA. The arbitrator may award all remedies that would apply in an individual court action (subject to
      constitutional limits that would apply in court). The arbitrator shall resolve the Dispute as quickly as
      possible, within one hundred eighty (180) calendar days from the commencement date where reasonably possible.
      The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be
      conducted on a class-wide or class-action basis. The arbitrator shall be entitled to award any damages provided
      for under applicable law.


    • The arbitration award shall be final and binding on the parties, and if the arbitrator’s award
      is equal to or less than Five Thousand Dollars ($5,000.00) there shall be no right of appeal. Judgment on
      the arbitrator’s award may be entered in any state or federal court of competent jurisdiction. In the event
      of a conflict between the applicable arbitration rules and this Agreement, then this Agreement shall govern.
      The parties retain the right to commence an action in a small claims court that is within the scope of the
      California small claims court’s jurisdiction unless: (i) that small claims action is transferred, removed
      or appealed to a different court; (ii) the Dispute is already in a pending arbitration proceeding; or (iii)
      the Dispute has already been resolved in arbitration.
  13. Default.



    • Default by You. You are in default under this Agreement if (i) You do not pay any amounts due to Welk
      under this Agreement; (ii) You do not perform or You violate your obligations under this Agreement;
      or (iii) any information You provided in this Agreement or in any other written statement You have made to
      Welk is false or misleading.  If You default under this Agreement, Welk may pursue any or all of the remedies
      available to Welk, including, but not limited to, giving You written notice that Your Membership will be
      terminated and then terminating Your Membership.  After termination of Your Membership, Welk will keep all
      money You paid under this Agreement through the Purchase Price and any Renewal Fees as liquidated damages
      and not as a penalty.


    • Default by Welk. If Welk does not materially comply with this Agreement, Welk’s only obligation is to
      refund to You any Purchase Price and/or Renewal Fees that You have paid for Your Membership, at which time
      the Agreement automatically terminates.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ALL RIGHTS
      AND REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE TO YOU AT LAW OR IN EQUITY.
  14. Other Important Terms of Agreement.



    • Acceptance by Welk. This Agreement shall be deemed to be accepted by Welk upon (i) the Member’s providing
      Welk a valid Payment Method for payment of the Purchase Price and/or Renewal Fee, as applicable, and (ii)
      Welk’s providing You Premium-level access to the Platform.


    • Conflicts. In the event of any conflicts between this Agreement, the Privacy Policy, and the Platform
      Terms of Use, this Agreement shall control.


    • Governing Law; Jury Trial Waiver. Except as otherwise prescribed below in this Section 14.3, this Agreement
      shall in all respects be construed, interpreted, and enforced in accordance with the laws of the State of
      California, without regard to its conflicts or choice of laws principles. The Parties agree that this Agreement
      evidences a transaction involving interstate commerce so as to ensure the applicability of the FAA. In the
      event of a conflict between California law and the FAA, the FAA shall govern. The parties unequivocally agree
      that all Disputes (defined above) between the Parties shall be brought exclusively within the County of San
      Diego, State of California.


    • Attorneys’ Fees. The prevailing party in any Dispute (including without limitation a legal action for
      injunctive relief or to enforce an award) between You and Welk shall be entitled to collect, in addition
      to any other judgment or award, all of the its reasonable attorneys’ fees and other actual litigation costs,
      fees and expenses incurred in connection therewith.


    • Entire Agreement. This Agreement, together with the Privacy Policy and Platform Terms of Use, is the
      only agreement that governs the purchase of Your Membership, and supersedes all other oral or written representations,
      statements, promises, agreements or other expressions of intent of any kind with respect to the Membership.
      This Agreement may not be modified or amended except in writing executed by You and Welk.  No waiver of any
      covenant or condition of this Agreement shall be deemed to be a waiver of any other covenant or condition.


    • Severability. If any provision of this Agreement is determined to be void, invalid, unenforceable or
      illegal, that shall not affect the validity and enforceability of any remaining provisions.


    • Notice. Any notice to us must be sent to Welk Resort Group, Inc. at
      support@experiencesbywelk.com or any other address we provide to You in writing. If any of Your Membership
      Information changes, including Your mailing address or e-mail address, You agree to notify us within a reasonable
      time.

    • Assignment. Your Membership cannot be sold, assigned, or transferred by You to a third party.  Welk may
      transfer or assign its rights under this Agreement.


    • Counterparts. This Agreement may be completed in counterparts and may be executed manually or electronically.
      If this Agreement is manually executed, Welk may convert its paper copy into electronic form.  As between
      You and Welk, any copy of this Agreement (including electronic copies) have the same legal effect as an original.


    • Auto-Renewals. Please see Sections 3.2 and 4 of these Terms and Conditions for automatic renewal terms
      and how to cancel Your Membership.
  15. Three Day Right of Rescission.

    • YOU MAY CANCEL THIS AGREEMENT AT ANY TIME WITHIN THREE DAYS AFTER THE DATE OF YOUR RECEIPT OF A COPY OF THIS AGREEMENT BY WRITTEN NOTICE TO WELK AT SUPPORT@EXPERIENCESBYWELK.COM.  PLEASE INCLUDE THE E-MAIL ADDRESS,
      FIRST NAME, LAST NAME AND PHONE NUMBER(S) ASSOCIATED WITH YOUR MEMBERSHIP.  IF SUCH CANCELLATION IS MADE, ALL MONEYS PAID
      PURSUANT TO THIS AGREEMENT WILL BE REFUNDED TO YOU; PROVIDED, HOWEVER, WELK MAY, IN ITS SOLE AND SUBJECTIVE DISCRETION, ELECT
      TO EITHER (I) REDUCE THE AMOUNT OF ANY REFUND BY THE DIFFERENCE BETWEEN THE AMOUNT OF THE PREMIUM-LEVEL PRICE AND THE STANDARD
      RETAIL PRICE OF ANY HOTELS, CAR RENTALS, AIR TRAVEL, ACTIVITIES, AND OTHER TRAVEL SERVICES  ACTUALLY PURCHASED BY THE MEMBER
      USING THE PLATFORM PRIOR TO THE EFFECTIVE DATE OF CANCELLATION (COLLECTIVELY, FOR PURPOSES OF THIS SECTION 15, THE “RESERVATIONS”)