Terms of use

Applicable for The Cultivist Inc. in the USA and Cultivist Ltd. for the Rest of the World.

The Cultivist, Inc. Terms Of Use

The Cultivist, Inc. (“The Cultivist,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including www.thecultivist.com (the “Website”) and through our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”

We provide Administrators, Visitors, Members, and Ticketholders with access to the Services as described below subject to the following Terms of Use, which may be updated by us at any time without notice to you. By signing up, accessing, and/or using the Platform, each Member (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying Member Agreement.

BY BROWSING THE PUBLIC AREAS OR BY ACCESSING AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE (COLLECTIVELY, THIS “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. You have the obligation to review these T&Cs from time to time when you access or re-access the Platform. Your continued use of our Services, following a change to these T&Cs, shall be deemed acceptance of the changes.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION AND USE OF SERVICES

We provide Administrators, Visitors, Members, and Ticketholders with access to the Services as described below.

Administrators. Administrators are employees and/or agents of Museums who register to use the Platform and who access and use the Platform on the terms and conditions of this Agreement. Upon registration, Administrators can: (i) create, access, manage, and update their accounts; (ii) publish and manage their Museum Content; and (iii) encourage new patrons to their Museum.

Visitors. Visitors are people who do not register with us but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us; and (iii) and sign up for alerts and other notifications.

Members. Membership in The Cultivist is by application only. For Members who have been granted membership status, registration and login is required to access and use the Platform. There are two types of Members – Club Members and Enthusiast Members.

Enthusiast Members can do all the things that Visitors can do, plus: (i) enjoy access to over one hundred (100) Museums throughout the world; (ii) attend Enthusiast level events, (iii) participate in online educational classes and events; (iv) access and use the Platform, including access to exclusive content available only to Members; (v) access and update their own personal account on the Platform; (vi) post comments and other content on the Platform (collectively, “Member Content”); and (vii) become part of The Cultivist community.

Club Members can do all the things that Enthusiast Members Visitors can do, plus: (i) attend exclusive Club level events; (ii) sign up for international art trips and experiences.

For the full list of the benefits that we provide for each type of membership, please see our Membership Benefits pages.

Ticketholders. Ticketholders are non-Members who have signed up for, or purchased, an experience created or executed by The Cultivist for a partner. No login is required for Ticketholders. Ticketholders can: (i) view all publicly-available content on the Website; (ii) e-mail us; (iii) sign up for alerts and other notifications; and (iv) communicate with our team regarding the arrangements for their experience. Experiences can range from a private event at a museum, tickets or a tour of an exhibition, or an international trip with a group of other Ticketholders. These experiences may be for Members in addition to Ticketholders. Experiences may come with their own sets of Terms and Conditions which will be outlined at the time of purchase/reservation.

The Cultivist is under no obligation to accept any individual as a Member, Ticketholder or Administrator, and may accept or reject any registration in its sole and complete discretion. In addition, The Cultivist may deactivate any account at any time, including, without limitation, if it determines that a Member, Ticketholder or Administrator has violated these Terms of Use.

2. COMMUNITY GUIDELINES

The Cultivist’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platform, you agree to comply with the following community guidelines (the “Community Guidelines”):

• You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;

• You will not upload, post, e-mail, transmit, or otherwise make available any content that:

o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

o is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or

o discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, social security number, or any similar information.

• You will not stalk, threaten, or otherwise harass another person or the Museum -, harassment consists of unwelcome conduct which degrades or shows hostility toward an individual because of sex, race, color, religion, national origin, marital status, sexual orientation, age, or disability and/or any other protected category under law;

• You will not access or use the Platform to collect any market research for a competing business;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;

• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;

• You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

• You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

• As to Administrators, you (1) will not spam or use the Platform to engage in any commercial activities, other than advertising and promoting their Museum (“Museum Content”), or (2) post any Museum Content not related to the topic under discussion.

We reserve the right, in our sole and absolute discretion, to deny access to the Platform, or any portion of the Platform, without notice, and to remove any content that does not adhere to Community Guidelines or the law.

3. RESTRICTIONS

The Platform is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Administrators and Members, you will create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information to assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. The Cultivist will not be liable for any loss or damage caused by any unauthorized use of your account.

5. DOWNLOADING THE APP AND THE APP STORE

The Website is also a progressive web application which can be saved to and accessed from the home screen of many mobile devices.

All Terms of Use applicable to the Website shall be applied to the App as well.

The following terms apply when Administrators download the App from Apple’s App Store. These terms are in addition to all other terms contained in this Agreement.

• You acknowledge and agree that (i) this Agreement is concluded between you and The Cultivist only, and not Apple; and (ii) The Cultivist, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.

• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between The Cultivist and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Cultivist.

• You acknowledge that, as between The Cultivist and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between The Cultivist and Apple, The Cultivist, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

• You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.

• Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App.

6. INTELLECTUAL PROPERTY

The Platform contains material, such as photographs, videos, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Cultivist (collectively referred to as the “Content”). The Content may be owned by us, Museums, or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content (other than your own Museum Content if you are an Administrator), and you will not use the Content except as permitted under this Agreement and the functionality of the Platform. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of The Cultivist (“The Cultivist Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of The Cultivist. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Cultivist Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Cultivist Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

7. MUSEUM CONTENT; LICENSES

As noted above, the Platform provides Administrators the ability to post and upload Museum Content. You expressly acknowledge and agree that once you submit your Museum Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Museum Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE CULTIVIST, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR MUSEUM CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR MUSEUM CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Museum Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Museum Content and all intellectual property and moral rights therein via the Platform throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Museum Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Museum Content permitted by the previous sentence and/or to advertise and promote the Services, the Platform, and/or The Cultivist. Without limiting the foregoing, you acknowledge and agree that uses of your Museum Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Museum Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit. The licenses granted in this Section shall commence upon your registration to the Platform and shall terminate when your Museum no longer has a business relationship with The Cultivist.

If you submit Museum Content to us, each such submission constitutes a representation and warranty to The Cultivist that such Museum Content is your original creation (or that you otherwise have the right to provide the Museum Content), that you have the rights necessary to grant the license to the Museum Content under the prior paragraph and that it and its use by The Cultivist and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

For the avoidance of doubt, any content uploaded or submitted to the Platform by Members will be subject to the license set forth in the Member Agreement.

8. COMMUNICATIONS WITH US

You should not e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

9. BOOKING TICKETS, TOUR GUIDES & TRIPS: TERMS & CONDITIONS.

By proceeding with a tour, experience, or ticket purchase through The Cultivist website, mobile app, or any other booking channel, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.

These Terms apply to all bookings made by members and non-members of The Cultivist. Where you are booking on behalf of other participants, you confirm that you have the authority to bind those participants to these Terms and that you have made them aware of these Terms prior to booking.

The Cultivist reserves the right to update these Terms at any time. The version in effect at the time of your booking will apply to that booking.

WHO YOU ARE CONTRACTING WITH

Your booking contract is with The Cultivist Inc. (if your booking is located in the United States) or Cultivist Ltd. (if your booking is located outside the United States), collectively referred to in these Terms as "The Cultivist", "we", "us", or "our".

Whether The Cultivist acts as principal or as your booking agent depends on how your booking is delivered, not on its product category. Where your tour, experience, or visit is delivered by a museum, institution, or independent guide (a "Guide") — whether booked as a Tour Guide booking or as a Curated Experience — The Cultivist acts solely as your booking agent. Your contract for delivery is between you and the Guide, and The Cultivist is not a party to that contract and accepts no liability for the acts or omissions of the Guide, except to the extent set out in Section 7 below. For Tickets, and for Curated Experiences that The Cultivist delivers directly without a Guide, The Cultivist is the principal party to your booking contract unless otherwise stated at the point of booking.

ASSUMPTIONS OF RISK

You acknowledge that tours, excursions, and experiences organized or facilitated by The Cultivist may involve physical activity and carry inherent risks, including but not limited to walking on uneven surfaces, navigating crowded public spaces, outdoor excursions in variable weather conditions, and participation in activities that may require a degree of physical fitness.

By proceeding with a booking, you voluntarily assume all risks associated with your participation, including risks arising from the inherent nature of the activity, the condition of venues or outdoor locations, and the acts or omissions of third parties including other participants.

You confirm that you and all participants in your booking are in suitable health and physical condition to participate in the booked activity. If you have any medical conditions, disabilities, or other factors that may affect your ability to participate safely, it is your responsibility to disclose these to The Cultivist prior to booking and to seek appropriate medical advice.

The Cultivist does not warrant that any activity is suitable for any particular individual and reserves the right to exclude any participant from an activity on safety grounds at any time, without liability.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, The Cultivist's total liability to you in connection with any booking — whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total amount paid by you to The Cultivist for the relevant booking.

The Cultivist shall not be liable for any indirect, consequential, special, or punitive loss or damage, including but not limited to loss of enjoyment, loss of earnings, or travel costs, whether or not such losses were foreseeable at the time of booking.

Nothing in these Terms limits The Cultivist's liability for death or personal injury caused by our own gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by applicable law.*

RELEASE AND WAIVER

Subject to Section 4 above, and to the fullest extent permitted by applicable law, you hereby release The Cultivist, its officers, employees, contractors, and agents from any and all claims, demands, damages, costs, and liabilities arising out of or in connection with your participation in any tour, trip, experience, or activity booked through The Cultivist, including claims arising from the ordinary negligence of The Cultivist.

This release does not extend to any third party, including Guides, venues, or other partners engaged in connection with your booking. Liability of those third parties, if any, is governed by the terms applicable to their role as set out in Sections 7, 8, and 9.

This release does not apply to claims arising from gross negligence, willful misconduct, or fraud on the part of The Cultivist.

TICKETS

Cancellation may be made up to 48 hours in advance of the scheduled time for a full refund, unless a different cancellation window is specified during the booking process, in which case that window will apply.

Some spaces offered with a 'Request Ticket' or 'Purchase Ticket' option use tickets supplied by our affiliate partner, Tiqets ("Tiqets"). By proceeding with such a purchase, you also accept Tiqets International B.V.'s Terms and Conditions. In the event of any conflict between Tiqets' Terms and these Terms, these Terms shall prevail in relation to your booking with The Cultivist.

All complaints and queries relating to ticket bookings must be directed to The Cultivist and not to any affiliate partner.

The Cultivist cannot guarantee access to venues and is not responsible for last-minute or unforeseen venue closures, exhibition changes, or access restrictions outside of our control. In the event of a closure or cancellation attributable to the venue, we will use reasonable endeavors to provide a refund or alternative tickets, but cannot guarantee either outcome.

TOUR GUIDES

As set out in Section 2, The Cultivist acts as your booking agent for Tour Guide bookings. The delivery of the tour is the responsibility of the Guide.

Tours cancelled more than 48 hours prior to the scheduled start time will be fully refunded, unless otherwise stated at the time of booking.

Tours cancelled within 48 hours of the scheduled start time are strictly non-refundable.

If you wish to amend or extend your tour within 48 hours of the start time, you must arrange this directly with the Guide and ensure any additional payment is settled directly with them.

While The Cultivist takes reasonable care in selecting and recommending Guides, we do not warrant the standard of any Guide's services and accept no liability for the acts or omissions of Guides, except where The Cultivist has been directly negligent in the selection or briefing of that Guide.

CURATED EXPERIENCES

All Curated Experience sales are final and non-refundable unless otherwise stated at the point of booking. If you are required to cancel, we will endeavor to find an amicable solution on a case-by-case basis, but are not obligated to do so.

Where an experience is delivered in coordination with a partner and the partner collects fees directly, any refund is at the discretion of that partner. The Cultivist will use reasonable endeavors to advocate on your behalf but cannot guarantee a refund from any third-party partner.

If an experience does not reach the minimum number of registrants required to proceed, The Cultivist reserves the right to cancel the experience. In this case, a full refund will be provided.

Once a booking is confirmed, The Cultivist will use all reasonable endeavors to deliver the experience as described. We reserve the right to alter or cancel an experience where we are unable to avoid doing so, including due to severe weather, safety concerns, government travel restrictions, or other events beyond our reasonable control. In such cases, we will offer either a rescheduled date or a refund at our discretion.

Cultivist Curated Experiences are provided for the personal, non-commercial use of the member/ experience customer and their invited guests only. Members/ experience customers may share their experience personally and non-commercially, including via personal social media, provided no compensation, sponsorship, or commercial partnership is attached to the content. Experiences may not be used for brand activations, influencer or paid partnerships, commercial promotion, resale, or transfer without The Cultivist's prior written agreement. No branding, photography, or filming intended for commercial, promotional, or sponsored use is permitted during any experience without The Cultivist's express written consent. Members/ experience customers must also comply with any filming or photography policies of the host venue or collection. Breach of this policy may result in immediate termination of membership and/or liability for any resulting loss or claim, and members agree to indemnify The Cultivist against any claim arising from their breach or that of their guests.

TRIPS

A completed booking form is required to confirm and hold your space on a trip. Submission of a booking form constitutes acceptance of these Terms. Where a booking form is not submitted within the timeframe communicated by The Cultivist, we reserve the right to release your space without liability.

Cancellation and Refunds

All trip sales are final and non-refundable unless otherwise stated at the point of booking. If you are required to cancel, we will use reasonable endeavors to reach an amicable solution on a case-by-case basis, but are not obligated to do so.

Where a trip is produced in coordination with a partner and that partner collects fees directly, any refund is at the discretion of the partner. The Cultivist will use reasonable endeavors to advocate on your behalf but cannot guarantee a refund from any third-party partner.

If a trip does not receive the minimum number of registrants required to proceed, The Cultivist reserves the right to cancel the trip. In this case, a refund will be provided of all amounts paid directly to The Cultivist, less any reasonable administration costs that have been unavoidably incurred on your behalf. The Cultivist will provide a written breakdown of any such deductions upon request.

There are no refunds for costs not included in the trip price (including but not limited to flights, airport transfers, travel insurance, excess baggage charges, and personal expenditure).

What Is and Is Not Included

Unless otherwise stated in your trip confirmation, the trip price includes: local transportation within the itinerary, all tickets and entry fees within the itinerary, the services of professional guides, accommodation, meals, and offered beverages during itinerary meals.

The trip price does not include: international and domestic flights, airport transfers, travel insurance, excess baggage charges, travel outside of the stated itinerary, food and beverages beyond itinerary meals, personal expenditure, and any items specifically noted as excluded in your trip confirmation.

Alterations and Cancellation by The Cultivist

Once your booking is confirmed, The Cultivist will use all reasonable endeavors to deliver the trip as described. We reserve the right to alter or cancel the whole or any part of the trip where we are unable to avoid doing so, including due to severe weather, safety concerns, government travel restrictions, war, or other events beyond our reasonable control. In such circumstances, we will use reasonable endeavors to offer an alternative arrangement or a partial refund proportionate to the services not delivered, but cannot guarantee either outcome.

Travel Documents and Entry Requirements

It is your responsibility to ensure that your passport (with at least six months' validity beyond your return date), visas, and all other necessary travel documents are in order prior to departure. The Cultivist accepts no liability for any costs, losses, or disruption arising from your failure to hold the required documentation.

Participant Conduct

It is a condition of your contract that you act with reasonable prudence and care throughout the trip and that you comply with all health, safety, and conduct requirements of the venues, accommodations, and activities visited.

The Cultivist reserves the right to terminate the participation of any person whose behaviour is, in our reasonable opinion or that of any hotel manager, guide, or other person in authority, likely to cause distress, danger, damage, or annoyance to other clients, staff, property, or any third party. In such circumstances, full cancellation charges will apply and The Cultivist will have no responsibility for any costs incurred for the continuation of the trip, including return travel arrangements, nor will any compensation be payable.

Travel Insurance

It is a condition of your booking that you and all members of your party hold comprehensive travel insurance prior to departure, covering at minimum: trip cancellation and curtailment, medical expenses, emergency repatriation, and personal liability. The Cultivist cannot accept any responsibility for losses arising from a failure to obtain adequate travel insurance.

URGENT REQUESTS

Applies to requests submitted within 72 hours of the experience date, or where The Cultivist is required to undertake expedited supplier engagement on your behalf.

Cost Liability

Certain suppliers require deposits, advance payment, or non-refundable fees to hold availability. Where The Cultivist incurs such costs and you subsequently decline to proceed, you agree to reimburse The Cultivist for all documented hard costs, provided these were clearly communicated to you in advance.

Hard costs include: museum fees, guide fees, venue deposits, transportation, ticket purchases, third-party cancellation fees, and supplier administration charges.

The Cultivist will make reasonable efforts to minimize your financial exposure, but cannot guarantee supplier flexibility once commitments have been made.

Cancellation & Withdrawal

If your request is withdrawn after supplier commitments have been made, you agree to reimburse all documented hard costs that were clearly communicated to you in advance, within 14 days of invoice.

DATA SHARING

In order to process your booking and ensure your arrangements run smoothly, The Cultivist may share personal information you provide with relevant third-party suppliers involved in delivering your booking, including venues, Guides, ticketing partners, hotels, transportation providers, and other service providers. For Trip bookings specifically, information may also be shared with credit checking companies and public authorities (such as customs and immigration) where required by law. We will not share your information with any party not responsible for a component of your booking.

By making a booking, you consent to your information being shared with relevant suppliers as described above. For full details of how we collect, use, and protect your personal data, please refer to our Privacy Policy available on our website. Where applicable, our data practices comply with the General Data Protection Regulation (GDPR) for EU/UK customers, and the California Consumer Privacy Act (CCPA) for California residents.

FORCE MAJEURE

The Cultivist shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather events, pandemics or public health emergencies (including COVID-19 and its variants), acts of government or regulatory authorities, war, civil unrest, terrorism, strikes, or infrastructure failures ("Force Majeure Events").

In the event of a Force Majeure cancellation, fees are non-refundable. However, The Cultivist will use reasonable endeavors to reschedule the booking to a mutually suitable date and to recover costs from the relevant venue or Guide, though neither outcome is guaranteed.

INSURANCE

The Cultivist maintains valid public liability insurance covering our operations. Details of our current coverage are available on request.

We strongly recommend that all participants obtain appropriate personal travel insurance prior to any booking. For Trip bookings specifically, travel insurance covering trip cancellation and curtailment, medical expenses, emergency repatriation, and personal liability is a mandatory condition of contract, as set out in Section 9. The Cultivist accepts no liability for losses that would otherwise be covered by adequate personal travel insurance.

DISPUTE RESOLUTION

In the event of any dispute arising out of or in connection with these Terms or any booking, the parties agree to first attempt to resolve the dispute informally by contacting The Cultivist directly at the details provided on our website.

If the dispute cannot be resolved informally within 30 days, both parties agree to attempt resolution through mediation before initiating any formal legal proceedings.

The arbitration and class-action waiver provisions below apply only to bookings located in the United States by customers. For such bookings, any unresolved disputes shall be subject to binding arbitration in the State of New York under the rules of the American Arbitration Association, on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

For bookings located outside the United States by customers, please refer to the Jurisdiction-Specific Provisions in Section 15.

JURISDICTION-SPECIFIC PROVISIONS

Governing Law — United States

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. The Cultivist Inc. is the contracting entity for all US-based bookings.

European Union and United Kingdom

If you are booking is located in the EU or UK, as a customer, nothing in these Terms affects your statutory rights under applicable consumer protection legislation, including the UK Consumer Rights Act 2015 and EU Directive 2011/83/EU. To the extent that any provision of these Terms conflicts with your statutory rights, your statutory rights shall prevail. Cultivist Ltd. is the contracting entity for EU and UK bookings.

Liability waivers and arbitration clauses may not be enforceable against consumers in the EU or UK to the extent prohibited by local law.

Other Jurisdictions

For bookings made from jurisdictions not listed above, local mandatory consumer protection laws may apply and shall take precedence over any conflicting provisions in these Terms.

GENERAL PROVISIONS

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of the Terms, which shall continue in full force and effect.

These Terms constitute the entire agreement between you and The Cultivist in relation to your booking and supersede all prior communications, representations, or agreements.

The Cultivist's failure to enforce any right under these Terms does not constitute a waiver of that right.

These Terms do not create any rights enforceable by third parties.

CONTACT

For any questions relating to these Terms, please contact The Cultivist through the contact details provided on our website at https://www.thecultivist.com/contact.

*Note: In certain jurisdictions (including EU member states and the United Kingdom), local consumer protection laws may provide you with rights that cannot be waived by contract. These Terms do not seek to exclude any such rights. Please refer to the Jurisdiction-Specific Provisions in Section 15 for further details.

10. NO WARRANTIES; LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES, THE PLATFORM, AND THE CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, THE SERVICES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE PLATFORM, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF THE PLATFORM, THE SERVICES, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

12. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION

(a) If you are an Administrator, you hereby represent, warrant, and covenant that:

• You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Museum Content and any other works that you incorporate into your Museum Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

• Use of your Museum Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

• You shall not submit to the Services any Museum Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content, the Platform, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

13. COMPLIANCE WITH APPLICABLE LAWS

The Platform and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

14. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability.

15. DIGITAL MILLENNIUM COPYRIGHT ACT

The Cultivist respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

The Cultivist, Inc.

Marlies Verhoeven

55 Fifth Avenue, Suite 1305

New York, NY 10003

If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

16. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York, Borough of Manhattan; and (ii) that the Platform and Services shall be deemed passive and do not give rise to personal jurisdiction over The Cultivist, either specific or general, in jurisdictions other than New York. YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THE SERVICES, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Museum Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

The Cultivist, Ltd. TERMS OF USE

Cultivist Limited (“The Cultivist,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including www.thecultivist.com (the “Website”) and through our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”

We provide our Services to Visitors and Administrators (all as defined below) subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy (which can be accessed through the link at the top of this page), which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website.

By signing up, accessing, and/or using the Platform, each Member (as defined below) is agreeing to these Terms of Use. Please see our Privacy Notice to see what personal data we process and how we process it, how it is legal and your rights. Click here for our Privacy Notice

1. DEFINITIONS AND INTERPRETATION

To make these Terms of Use easy to read we have defined some of the words in the Agreement. If a word begins with a capital letter then this means that the word has been defined.

Terms with capital letters not defined in these Terms of Use shall have the meaning given in our Privacy Notice.

2. DESCRIPTION AND USE OF SERVICES

We provide Administrators, Visitors, Members, and Ticketholders with access to the Services as described below.

Club Members can do all the things that Enthusiast Members Visitors can do, plus: (i) attend exclusive Club level events; (ii) sign up for international art trips and experiences.

For the full list of the benefits that we provide for each type of membership, please see our Membership Benefits pages.

As noted above, Members’ access to and usage of the Platform is governed by the Member Agreement.

3. COMMUNITY GUIDELINES

The Cultivist’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platform, you agree to comply with these community guidelines (the “Community Guidelines”):

• You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;

• You will not upload, post, e-mail, transmit, or otherwise make available any content that:

o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

o discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

• You will not access or use the Platform to collect any market research for a competing business;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

• You will let us know about inappropriate content of which you become aware. If you find something that breaches our Community Guidelines, please let us know, and we’ll review it.

4. RESTRICTIONS

The Platform is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18 in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it.

5. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Administrators and Members, you will create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall not be responsible for any loss or damage caused by such action. The Cultivist will not be responsible for any loss or damage caused by any unauthorized use of your account.

6. DOWNLOADING THE APP AND THE APP STORE

The Website is also a progressive web application which can be saved to and accessed from the home screen of many mobile devices.

All Terms of Use applicable to the Website shall be applied to the App as well.

The following terms apply when Administrators download the App from Apple’s App Store. These terms are in addition to all other terms contained in these Terms of Use.

• You acknowledge and agree that (i) these Terms of Use are concluded between you and The Cultivist only, and not Apple; and (ii) The Cultivist, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.

• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between The Cultivist and Apple, The Cultivist will be solely responsible for any other failure to conform to any warranty.

• You acknowledge that, as between The Cultivist and Apple, The Cultivist and not Apple is responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App,.

• You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between The Cultivist and Apple, The Cultivist, not Apple, will be solely responsible in relation to any such claim to the extent required by these Terms of Use.

• You confirm that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

• You acknowledge and agree that Apple, and Apple’s subsidiaries will benefit from these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you.

• You must comply with all applicable third-party terms of agreement when using the App.

7. INTELLECTUAL PROPERTY

The Platform contains material, such as photographs, videos, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Cultivist (collectively referred to as the “Content”). The Content may be owned by us, Museums, or other third parties. The Content is protected under both UK and foreign laws. Unauthorized use of the Content may breach copyright, trademark, and other laws. You have no rights with respect to the Content (other than your own Museum Content if you are an Administrator), and you will not use the Content except as permitted under these Terms of Use and the functionality of the Platform. No other use is permitted without prior written consent from us. You may not sell or modify the Content or use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you breach any part of these Terms of Use, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of The Cultivist (“The Cultivist Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of The Cultivist. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Cultivist Trademarks, the “Trademarks”). You shall not have any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.

Elements of the Platform are protected by law and may not be copied or imitated. None of the Content may be retransmitted without our express, written consent for each and every instance.

8. MUSEUM CONTENT; LICENSES

As noted above, the Platform provides Administrators the ability to post and upload Museum Content. You expressly acknowledge and agree that once you submit your Museum Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Museum Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE CULTIVIST, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR MUSEUM CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM AND YOU WILL BE RESPONSIBLE FOR ANY LOSS SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR MUSEUM CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Museum Content. You do, however, grant us and others a licence to use or exploit (including for profit) your Museum Content and all intellectual property therein via the Platform. You also grant us and others the right to use your Museum Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Museum Content permitted by the previous sentence and/or to advertise and promote the Services, the Platform, and/or The Cultivist. You acknowledge and agree that uses of your Museum Content, name, likeness, and photograph permitted by this Section may include the display of such Museum Content, name, likeness, and photograph in advertising and other material or content, including for profit. The licences granted in this Section shall commence upon your registration to the Platform and shall terminate when your Museum no longer has a business relationship with The Cultivist.

If you submit Museum Content to us, you confirm that such Museum Content is your original creation (or that you otherwise have the right to provide the Museum Content), that you have the rights necessary to grant the license to the Museum Content under the prior paragraph and that it and its use by The Cultivist and others as permitted by these Terms of Use does not and will not infringe the intellectual property of any person or contain any content that breaches our Community Guidelines.

Any content uploaded or submitted to the Platform by Members will be subject to the licence referred to in the Member Agreement.

9. COMMUNICATIONS WITH US

10. BOOKING TICKETS, TOUR GUIDES & TRIPS: TERMS & CONDITIONS

By proceeding with a ticket, tour or trip purchase on our website or mobile app, you are acknowledging and agreeing to the following terms, conditions and cancellation policies.

If a ticket, tour or trip is cancelled due to a Force Majeure event, such as a hurricane or weather emergency, or other conditions impeding the reservation, fees will be non-refundable, but every attempt will be made to reschedule the ticket, tour or trip to a mutually suitable date and recuperate costs from the Museum/Guide, though this is not guaranteed and the fee is non-refundable. This Force Majeure will apply to catastrophic events.

If the ticket, tour or trip is cancelled due to Covid 19 restrictions or other emergency health or public safety decree, the same applies as above.

TICKETS

Cancellation can be made up to 48 hours in advance. Where products have a cancellation policy with less than 48 hours, you will be notified in the booking process.

Some spaces with the option to 'Request Ticket' and 'Purchase Ticket' use tickets supplied by our affiliate partner - Tiqets. By proceeding with a ticket, you also accept Tiqet's Terms and Conditions.

All complaints must be made directly to The Cultivist and not through our affiliate partner.

The Cultivist cannot control any last-minute or unforeseen closures at spaces, but in the event of a closed exhibition space, we will do our best to provide a refund or new tickets during another time.

TOUR GUIDES

Your contract for the tour is with the Museum/Guide and The Cultivist is acting solely as your agent in arranging the booking.

Tours cancelled ahead of 48 hours prior to the start of the tour will be fully refundable, unless otherwise stated by your Member Liaison.

Tours cancelled within 48 hours are strictly non refundable.

If you wish to amend or extend your booking within 48 hours of the tour, you must do so directly with the Museum/ Guide and ensure payment is accounted for directly.

CURATED EXPERIENCES

All experience sales are final sale and non-refundable. If an experience booking must be cancelled by you, we will do our best to reach an amicable solution on a case-by-case basis, but are not required to do so. Some experiences are produced in coordination with a partner. If an experience partner collects the trip fees, any refunds are at the discretion of the partner.

If an experience does not receive the requisite number of registrants, The Cultivist reserves the right to cancel the experience and in this instance, refunds will be provided.

Once your booking has been confirmed we will make every effort to provide you with the experience, but reserve the right to alter or cancel the experience if we cannot avoid doing so, i.e. due to severe weather, safety concerns, government travel restrictions, war or unforeseeable events beyond our control.

Our Cultivist Curated experiences are available for purchase by individuals only, to share with friends and family. The experiences are not available to purchase for a brand activation which are subject to different pricing and access at many museums and institutions. No branding of any kind is allowed during the event.

TRIPS

Completed booking forms are required to hold a space on, and attend, a trip.

All trip sales are final sale and non-refundable. If a trip booking must be cancelled by you, we will do our best to reach an amicable solution on a case-by-case basis, but are not required to do so. Some trips are produced in coordination with a partner. If a trip partner collects the trip fees, any refunds are at the discretion of the partner.

If a trip does not receive the requisite number of registrants for a trip, The Cultivist reserves the right to cancel a trip. Refunds are provided, less any administration fees. There are no refunds for items not included in the trip price (flights, airport transfers, etc).

Once your booking has been confirmed we will make every effort to provide you with the trip, but reserve the right to alter or cancel the whole or part of the trip if we cannot avoid doing so, i.e. due to severe weather, safety concerns, government travel restrictions, war or unforeseeable events beyond our control. Your insurance should cover such force majeure events.

The trip price includes the cost of: local transportation within the itinerary, all tickets, services of professional guides, accommodation, meals, and offered alcohol during meals. Not included in the trip price are: the flights, airport transfers, travel insurance, excess baggage charges, travel outside of itinerary, and food and beverages in excess of itinerary meals.

It is your responsibility that passports (with at least 6 months validity beyond the date of your return), visas and other necessary travel documents are in order.

It is a condition of your contract with us that you act with reasonable prudence and circumspection on the trip and that you comply with all health and safety requirements of the visit.

The Cultivist is not responsible for any loss, death or injury that is attributable to your acts or omissions, or the acts or omissions of third parties not involved in providing the services which make up your trip. We are also not liable for unusual or unforeseen circumstances whose consequences could not have been avoided by exercising all due care.

The Cultivist reserves the right to terminate the trip of any person whose behavior is such that it is likely, in our reasonable opinion or that of any hotel manager, guide or other person in authority, to cause distress, danger, damage, or annoyance to other clients, staff, and property or to any third party. Should this happen, full cancellation charges will apply and we will have no responsibility whatsoever for any costs incurred for the continuation of the trip, including any return travel, or to compensate for any loss incurred.

It is a condition of contract that all members of your party have comprehensive travel insurance. We cannot accept any responsibility for any failure on the part of members of your party to procure comprehensive travel insurance for both the trip costs and any other costs (such as airline tickets and transfers).

In order to process your booking and to make sure that your arrangements run smoothly, we need to pass some of the information which you provide on to relevant suppliers such as hotels, etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration, if required by law. We will not pass your information on to any person who is not responsible for part of your trip arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them.

11. DISCLAIMER

YOU AGREE THAT YOU USE THE SERVICES, THE PLATFORM, AND THE CONTENT AT YOUR OWN RISK AND THE PLATFORM, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM AND WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, THE SERVICES, THEIR SERVERS] OR THE CONTENT ARE FREE OF COMPUTER VIRUSES.

YOU WILL BE RESPONSIBLE FOR COSTS FOR SERVICING OR REPLACING EQUIPMENT OR DATA IF SUCH COSTS RESULT FROM YOUR USE OF THE PLATFORM.

12. OUR LIABILITY TO YOU

12.1 This Agreement does not exclude or limit The Cultivist's liability (if any) for:

(a) death or personal injury caused by The Cultivist's negligence;

(b) fraud;

(d) any matter which it would be illegal for The Cultivist to exclude or attempt to exclude The Cultivist's liability.

12.2 The Cultivist is only liable to you for losses which you suffer as a direct result of The Cultivist's breach of this Agreement and which are reasonably foreseeable. The Cultivist is not liable for any other losses.

12.3 The Cultivist is not responsible to you for any business losses that you may incur, including, but not limited to lost profits, lost revenue, business interruption or lost data.

13. THE ADMINISTRATOR'S LIABILITY TO THE CULTIVIST

If you are an Administrator you will be responsible to The Cultivist for any losses arising out of or in any way connected with your breach of these Terms of Use.

14. EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. The Cultivist is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

15. COMPLIANCE WITH APPLICABLE LAWS

The Platform and the Services are based in the United Kingdom. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. If you access the Platform, the Services, or the Content from outside of the United Kingdom, you do so at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

16. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability.

17. OTHER IMPORTANT PROVISIONS

17.1 Neither you nor the Cultivist may assign or otherwise transfer any of its rights or obligations under these Terms of Use without the prior, written consent of the other ; provided, however, that The Cultivist may, upon written notice to you and without the consent of you, assign or otherwise transfer these Terms of Use to any person so long as the performance of the Agreement is not affected.

17.2 No failure or delay by either you or the Cultivist in exercising any right or remedy under these Terms of Use shall operate or be deemed as a waiver of any such right or remedy.

17.3 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction.

17.4 Each of the sections of these Terms of Use operate separately. If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.