TERMS & CONDITIONS

Read this agreement thoroughly and carefully before booking a trip with us. It is a legally binding contract. ​

1. BOOKING CONTRACT

All bookings are made with Live A Beach Life Inc, a Florida company, and its encompassed by "Sarah Pesso," “SP Experience," "SP,” "Sarah," "we," “our,” or "us").

Please read these terms and conditions carefully. When you purchase any product or book any trip with Sarah, you acknowledge that you: i) have read and understand these terms and conditions and any other SP policies in effect, and ii) accept and agree to these terms and conditions and other applicable SP policies. The terms and conditions set forth below constitute the entire understanding and agreement between you the trip participant (“participant,” “traveler,” “you,” or “I”) and Sarah Pesso, with respect to any and all bookings, trips, or transactions made with us and to any and all services, and products organized, arranged, or provided by us (collectively referred to as “trip” herein; “trip” may also be used to refer to only the trip component of our services). If you have confirmed a booking on any SP trip or product with more than one traveler named on such booking, you shall be deemed to have accepted these terms and conditions on behalf of all travelers named in the booking.

2. RESPONSIBILITY

SP is acting at all times as an independent contractor for all suppliers who provide your transportation, accommodations, activities, and other services in connection with your trip. SP does not own, operate, or control any of the suppliers of service that provide accommodations, meals, transportation, sightseeing activities, or other goods and services connected with your trip. These suppliers are responsible for their performance. SP and its owners, employees, shareholders, officers, directors, representatives, volunteers, successors, agents and assignees are not liable for any negligence, willful act, financial insolvency, or default of any supplier or any third party. SP does not have any special knowledge about its supplier’s financial condition. A supplier’s goods and services are subject to the supplier’s own terms and conditions and liability waivers, as well as local laws and regulations.

3. VALIDITY & PRICING

Prices are based on tariffs, government fees, exchange rates, and supplier rates in effect when our trips itineraries are first published. On very rare occasions it may be necessary for us to impose surcharges should prices increase significantly due to inflation, costs of services, foreign exchange rates, or other factors. Such surcharges may be imposed at any time up to final payment. ​We reserve the right to make changes to and correct errors in quoted prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.​​ All discounts and any reduced pricing and/or promotional benefits are applied at SP's sole discretion. Sarah may offer special discounts or early bird pricing on select trips. If you have previously cancelled a booking for a trip, you may not be entitled to re-book on the same or any similar trip with any promotion or discount applied.

4. TRAVELER INFORMATION

In order for us to confirm your travel arrangements, you must provide all requested details at the time of booking. Necessary details include full name as per passport, date of birth, nationality, and any pre-existing medical conditions or allergies you have which may affect your ability to complete your travel arrangements without limitation. We may also request to see a copy of your passport before or during the trip. ​Your passport must have 6 months or more before expiration! The information required from each traveler will vary by trip, which will be communicated during the booking process. If all requested information is not provided within 30 days of the trip start date (or at the time of booking if purchased less than 30 days prior to the trip start date), SP maintains the right to cancel your trip and assign your spot to the next eligible traveler on the Waitlist without any refund owed to you.

5. FITNESS, MEDICAL CONDITIONS & SPECIAL REQUIREMENTS

By booking a trip with us, you represent that you do not have any illness, physical or other conditions that would create a hazard for you or other travelers or affect other people’s enjoyment of the trip. SP cannot guarantee the condition or availability of medical facilities in the countries in which our trips are run, which may involve visiting remote or less developed regions. Therefore, it is the responsibility of the traveler to consult their physician regarding any medical conditions prior to booking a SP Experience. ​Participants should check with consulates for the latest health requirements. Participants must bring their own medications, insect repellent or other recommended prescribed drugs, including but not limited to allergy medication (e.g., EpiPen).

If you have a special need, let us know at the time of booking. We may require a medical certificate if you have a special condition that may impact your ability to take one of our trips. We will make reasonable efforts to convey any dietary restrictions to your trip guides and certain service providers. However, given the nature of our trips and the fact that we do not operate or manage our suppliers, we cannot guarantee that any dietary needs or restrictions can be accommodated. Sarah is not liable for any failure to accommodate or fulfill any special requests or special needs. As such, it is your sole responsibility to ask any necessary questions and to make informed decisions about your dietary needs and restrictions while traveling. By signing this agreement, you hereby grant permission for emergency first aid to be administered if deemed necessary. If an emergency or health crisis should occur on the trip, SP may attempt to help you obtain medical assistance, if it is available. The cost of any such medical assistance including any routine medical care shall be the responsibility of the participant. SP strongly recommends that you obtain sufficient medical and health insurance that covers you while traveling.​ 

Our suppliers reserve the right to conduct common travel industry health screenings (e.g., forehead temperature readings, questionnaires, and checks for observable signs and symptoms) and refuse travel to symptomatic or likely symptomatic travelers. If necessary, our suppliers, and/or government or health officials, also reserve the right to quarantine travelers with symptoms of infectious diseases aboard confined modes of transport such as ships, trains, etc.

We reserve the right in our sole discretion to accept, decline or remove anyone from a trip (at or prior to departure or during the trip) if we deem their continuation of the trip to be harmful or dangerous to themselves or other trip participants.

6. BOOKING CONFIRMATION

Your booking is not finalized until you receive a confirmation email. A contract will exist between us from the date we issue the confirmation invoice or if you book within 7 days of departure the contract will exist when we accept your deposit. Payment of the balance of the trip price is due 60 days before the departure date. We reserve the right to treat any reservation that is not fully paid according to the booking and payment terms as a cancellation and subject to the cancellation terms below.

7. WAITLIST

If a trip is sold out, you may add yourself to the Waitlist during the booking process. If a spot becomes available, you will be notified by email. You will have 24 hours from when we send the email to accept the spot on the trip and pay the deposit, or it will be offered to the next person on the Waitlist.

8. DEPOSIT REQUIREMENTS

You are required to pay a non-refundable deposit before SP will review and confirm your booking request (“Deposit”). The Deposit amount is specific to each trip, and is provided on the trip booking page. If, for whatever reason SP in its sole discretion decides not to approve your booking, your deposit will be refunded in full. Regardless of the deposit amount, you agree to adhere to the following payment schedule when booking trips within 90 days of a trip start date:​​

90 Days Prior to Trip ……….. 75% of Trip Cost Due​

60 Days Prior to Trip ……….. 100% of Trip Cost Due

9. PAYMENT SCHEDULE & REQUIREMENTS

If you chose to pay for your trip in installments, you agree to adhere to the following payment schedule:​

90 Days Prior to Trip ……….. 75% of Trip Cost Due​

60 Days Prior to Trip ……….. 100% of Trip Cost Due​

Sarah Pesso is not responsible for any charges levied or charged by third parties and/or financial institutions as a result of credit card or other payment transactions related to the purchase of SP trips or products. Those fees are your responsibility; we will not refund or return those fees. ​​If we have not received payment by the due date, we reserve the right to charge the credit card we have on file for the owed amount. If payment fails, we shall be entitled in our discretion to treat the missed payment as a breach of contract, cancel your reservation, and impose the cancellation fees specified in this agreement. We also retain the right to assign your spot to the next eligible traveler on the Waitlist without any refund to you.

10. CREDIT/DEBIT CARD CHARGEBACK POLICY

By agreeing to these terms or booking a trip with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. You agree to not file a dispute or chargeback through your bank and to instead utilize your travel insurance in the event that you can no longer attend the trip. We will vigorously dispute any chargeback request, provide this agreement as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.

11. CANCELLATION BY TRAVELER

A cancellation will only be effective when we receive written confirmation of the cancellation from you by email to us at support@sarahpesso.com. Cancellation by any other means, including social media comments, are not considered by us and do not constitute a cancellation. If you cancel a trip, you will be responsible for the below amounts based on the date we receive your written confirmation of cancellation.​ Please note that certain itineraries have special cancellation rules, which will be listed in the Trip Notes and Booking instructions.​

All trips and any fees paid are NON-REFUNDABLE.

61 days or more days before departure: Deposit is non refundable and can be issued as “Travel Credit” that can be transferred to another trip.​

By agreeing to our booking terms and conditions, you acknowledge that you are purchasing your trip in US Dollars and should any credits be given at any point after the time of purchase, you will be compensated in US dollars. SP is not responsible for changes in and fluctuations of exchange rates. This means that the US dollar amount of your payment and your refund will be the same.​

Travel credit will expire 3 years from the date of issue. The Deposit or Travel Credit cannot be exchanged for a cash refund of any type. (see section below regarding Trip Transfers and Travel Credits)​

No refund is due if a traveler fails to join a trip, joins it after departure, or leaves it prior to its completion for any reason. There will be no refunds for unused services after a trip has commenced.​

If you fail to make a payment by the payment due date, no refund will be due to the traveler for a cancellation as this will be deemed a breach of contract.

There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies or any other circumstances beyond our control. This means that even if you cancel because of medical issues, virus, sickness, quarantine, travel restrictions/warnings, fear of traveling or any other reason, your booking will be subject to this cancellation and refund policy. For this reason, we require that you secure travel insurance in order to participate on a trip (See below for more information on travel insurance and our FAQ on travel insurance).​

We cannot provide refunds for any unused portion of your trip if you are quarantined or a supplier refuses services if you exhibit symptoms of or test positive for infectious disease. Moreover, we will not have any liability to you, owe you a refund, or owe you any compensation for loss, damage or injury or anything else if you are infected with an illness, disease or sickness during your trip, if a third party refuses services (e.g., lodging or transport), if you show symptoms of or test positive for infectious disease or illness before, after or during your trip. Here are just some examples (but not all) of the circumstances in which we would not provide a refund and not be deemed liable to you: If you are unable to board a plane to your destination or a government or municipality denies entry due to not being able to provide proof of vaccination for Covid-19, this will be considered a no-show by you and deemed a cancellation of your booking by you and subject to our standard cancellation policy. We will not provide a refund nor will we be liable to you if are infected with a virus such as coronavirus at a hotel that we book for you, if you are refused service at a hotel if you show symptoms of a communicable illness such as a cough or fever, if you are unable to board a plane to your destination or return home from your destination because you show symptoms of an illness, if a government or municipality denies entry, if you are required to self-quarantine, and so forth.

12. CANCELLATION AND CHANGES BY SARAH PESSO​

Sarah Pesso reserves the right to cancel, alter or postpone a trip without prior notice at any time prior to departure or after a trip commences for the safety and/or comfort of travelers, or if is not viable for us to operate the planned itinerary, and for circumstances of Force Majeure (more information on Force Majeure below.) SP will not be responsible or liable for deposits, payments, incidental expenses, policies or penalties for other services not included in the trip price, such as airline tickets, separate hotel reservations or other items (such as other trips or cruises) handled by participants not through SP. Please refer to your required travel insurance policy for further details regarding expenses covered by your insurance carrier. ​

If a trip is cancelled due to reasons within SP’s control and not for reasons due to Force Majeure, we can offer you the following choices: Travel credit equal to the trip cost that you have paid. A make up trip that will occur within 2 years.

If a trip is cancelled due to a Force Majeure event, we can offer you the following choice: Travel credit equal to the trip cost that you have paid minus any unrecoverable costs and monies. Unrecoverable costs and monies include but are not limited to deposit monies that we have received from you and forwarded to our suppliers, cancellation penalties imposed by third parties, our current standard fee to cover work involved in planning, booking and organizing your participation in a trip.

By agreeing to our booking terms and conditions, you acknowledge that you are purchasing your trip in US Dollars and should any credits be given at any point after the time of purchase, you will be compensated in US dollars. SP is not responsible for changes in and fluctuations of exchange rates. This means that the US dollar amount of your payment and your refund will be the same.​

If a cancellation occurs after a trip has commenced we will offer the same choice on a pro-rata basis. ​

Sarah Pesso factors into the trip price a fee of $200 to cover the work involved in planning, booking and organizing your participation from the moment the trip is booked. This fee, at the absolute discretion of SP, may be incorporated as an unrecoverable cost if a trip was to be cancelled, withdrawn, altered, modified, postponed, or rescheduled.​

You understand and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities that will be included, but it is not a guarantee. While SP will do its best to operate all trips as advertised, reasonable changes in the itinerary may be made where deemed necessary by Sarah, in its sole discretion. The route, schedules, itineraries, amenities, restaurants, hotels, and mode of transport may be subject to alteration without prior notice due to availability issues, local circumstances, weather, or other unpredictable and unforeseen circumstances beyond the control of SP. Though this is extremely rare, we must reserve the right to impose surcharges up to 15 days before departure in case of significant changes in exchange rates, unforeseen increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so.

We shall not be deemed to be in breach of this agreement or otherwise liable to you, by reason of delay in performance, or by non-performance, of any of our obligations hereunder as a result of any cancellations, alterations or modifications under this section.

13. ADDITIONAL INFORMATION REGARDING FORCE MAJEURE

SP will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of nature and/or God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemics, epidemics, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), government intervention of any kind including those that affect domestic and/or international travel, border closings, border limitations, border restrictions, weather conditions, and other unforeseen circumstances. ​

If Force Majeure prevents, significantly hinders, renders it difficult, makes it commercially impractical, or makes it impossible for us or our suppliers to provide the services including but not limited to your trip, we and our suppliers shall be entitled to, and may in our complete and sole discretion, vary, delay, postpone, reschedule, alter or cancel any itinerary or arrangement in relation to the tour, including the entire tour itself. Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the tour. If we are affected by Force Majeure, we, if practicable, will notify you of the nature and extent thereof.

14. INCLUSIONS & EXCLUSIONS

The transportation, accommodations, activities, meals, and drinks provided by SP are specific to each trip, and are listed on the trip booking page. Anything not expressly listed as included on the trip booking is not covered by SP, and is the financial responsibility of the traveler. In addition, our trips do not include international flights, visa and passport fees, vaccinations, travel insurance, optional activities, or other personal expenses.

15. OPTIONAL ACTIVITIES & SUPPLEMENTALS

SP may offer optional activities and other supplemental charges (e.g., single room upgrade), which are specific to each trip and departure date. SP will review all optional and supplemental requests, and will provide final approval once we confirm availability. ​

Optional activities and supplementals that are not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider. In addition, SP reserves the right to cancel or modify optional activities and supplementals based on availability, local constraints, weather, and other unforeseen circumstances. If we cancel an optional activity or supplemental, SP will provide the traveler with a full refund. SP will not be liable to you for any losses associated with any changes to or cancellations of optional activities or supplementals.

16. TRIP TRANSFERS AND TRAVEL CREDITS​

If transferring trips or dates, any deposits/amounts paid by you to date becomes non-refundable and can only be used for travel credit.

The following terms apply to all trip transfers and travel credits:​ For trips further out than 60 days, we allow one complementary trip transfer. Transfers requested within 60 days of departure are subject to our regular cancellation fees.

Once travel credit has been accepted by you under any circumstance, it is not eligible to be redeemed for cash, which includes but is not limited to credit card refunds.​

When transferring trips or dates, your booking will be bound to the latest version of SP's Terms & Conditions, a copy of which will be available on the website.

17. PASSPORTS, VISAS, AND OTHER TRAVEL DOCUMENTATION

You must carry a valid passport and have obtained all of the required visas, permits, certificates, proof of vaccinations, and other travel documentation for all the countries in which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you satisfy all entry requirements and that you are in possession of the correct visas, permits and certificates for your trip and that all of the information on those documents are accurate. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation. ​

You are solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided. ​

For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/. U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel/, or the responsible government agency in your country.

18. PRE-DEPARTURE DOCUMENTATION

It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 10 days of your receipt of those documents. This agreement, our release and waiver of liability and assumption of risk and indemnity agreement, and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit these and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.

19. AIRLINE DELAYS, MODIFICATIONS, AND CANCELLATIONS

SP cannot be liable for mistakes or errors in airfare bookings made by the traveler or any independent third parties. SP will provide detailed trip arrival and departure requirements via email once the traveler is confirmed and the trip’s flights are “green lighted.” It is up to the traveler to ensure the correct arrival and departure flight information from the trip start and end cities. In addition, you are responsible for adhering to baggage allowances and other airline-specific guidelines. Any airline charges are the financial responsibility of the traveler. ​​SP is not responsible for any change to airline schedules or flight numbers or for any additional expenses or loss that may arise from airline strikes and/or airline, airport, or weather delays. SP will not reimburse travelers for any additional expenses incurred as a result of such events or delays.

20. TRAVEL INSURANCE

Travel insurance is required for all of our travelers and should be purchased at the time of booking from a company of your choice. Your travel insurance must provide coverage against personal accident, death, medical expenses and emergency evacuation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend that your travel insurance covers cancellation, curtailment, personal liability, loss of luggage and personal effects, evacuation, and repatriation. We strongly recommend that all participants consider the purchase of “cancel for any reason” coverage. Please note that most insurance companies require an insurer to purchase cancel for any reason coverage within 7-14 days of the deposit payment in order to cover pre-existing conditions or to provide for “cancel for any reason” coverage

You must provide proof of your travel insurance at least two weeks prior to your trip start date via email to support@sarahpesso.com. If you fail to provide proof of travel insurance by the travel start date, you will not be allowed to join the trip. SP will not provide a full or partial refund for any cancellations or delays resulting from missing proof of travel insurance.

21. TRAVELER RESPONSIBILITIES DURING TRIP

It is your responsibility to be ready to leave at the departure city at the specified day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. Your additional responsibilities include, but are not limited to, strictly complying with all local laws, including virus/sickness/illness mitigation measures including but not limited to social distancing and testing requirements, respecting customs and culture, adequately assessing your abilities, and, if on a guided trip, following the suggestions and advice of the guide.

22. CLAIMS & COMPLAINTS

If you have a complaint about your trip, you agree to inform your trip leader or our Support Team immediately so that they can attempt to rectify the matter. SP assumes no liability for complaints that are not properly brought to the attention of the trip leader or the Support Team with sufficient notice to resolve or attempt to resolve complaints. Any complaint made after the completion of a trip must be received via email to: support@sarahpesso.com within 15 days from the end of the trip. Traveler acknowledges and agrees that SP has no obligation to respond to or address any claims received after this period.

23. AUTHORITY ON TRIPS

SP Experiences are run by a trip leader. The decision of the trip leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a trip leader, or interfere with the well-being or mobility of the group, the trip leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips, even if they are already booked. In addition, you agree to comply with the laws, customs, foreign exchange, and drug regulations of all countries visited, as well as in accordance with our responsible travel guidelines.

24. LIMITATION OF REMEDIES

You agree that the sole remedy for any default by SP arising under this agreement shall be the return of the paid trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, SP shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SP has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.

25. SUCCESSORS AND ASSIGNS

This agreement shall inure to the benefit of and be binding upon SP and you and your respective heirs, legal and personal representatives, successors and assigns.

26. SEVERABILITY

If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.

27. IMAGES RELEASE AND SOCIAL MEDIA

You agree that SP may use, re-use, link to, repost and reproduce any images, photos, videos, or any written content (e.g., blog posts, articles) that you send to us, that are taken by our guides, trip leaders and/or other travelers of you individually or in a group, or that you post online including on social media using our hashtags (#SPexperiences, #sarahpesso, #sp, #sptrips) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. We will strive to provide attribution. If you do not want to grant this specific right to SP, you must contact us in writing prior to the start of your trip and specifically state that you are opting out of Images Release.

28. APPLICABLE LAW

All Sarah Pesso trips, products, bookings and reservations (including but not limited to those made online), policies, and terms and conditions are subject to the laws of the State of Florida, and all travelers submit to the exclusive jurisdiction of the state and federal courts located in Delray Beach, Florida, United States for the resolution of any dispute under these terms and conditions or concerning SP.

29. AMENDMENTS TO TERMS & CONDITIONS

SP reserves the right to update and/or alter these terms and conditions at any time, and shall post the amended terms and conditions on the SP website. Any such amendment shall take effect immediately upon being posted to the SP website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these terms on the date they are posted to our website or when we provide notice to you in writing by email or mail. Your continued use of the services, participation on one of our trips, or use of the SP website constitutes acceptance of any amendments that we make to these Terms. The latest terms and conditions, as amended, may be accessed any time on SP website, and can be sent upon their written request via email to support@sarahpesso.com. All travelers and SP Experience customers shall be deemed to have accepted any amendments to these terms and conditions on the date that is 7 days after their posting on the SP website.

30. REFUSAL OF SERVICE

SP retains the right to refuse service to any traveler or potential client at any time, for any lawful reason, in its sole discretion.

31. MERGER

This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.

​I have read this entire agreement and I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me.

KNOWING AND VOLUNTARY EXECUTION:

I have had sufficient time to read this entire agreement. I have carefully read and understand the provisions and legal consequences of this agreement, and I voluntarily agree to all of its terms and conditions. I understand that I am giving up substantial rights by accepting the terms of this agreement. I acknowledge that it has been recommended that I have my attorney review this agreement prior to accepting it.