IMPORTANT NOTICE TO PARTICIPANT: THE TERMS AND CONDITIONS IN THIS AGREEMENT GOVERN YOUR WORKSHOP AND BOOKING, AND WHERE APPLICABLE, YOUR TRAVEL AS PART OF WORKSHOP. THESE TERMS AND CONDITIONS COLLECTIVELY REFERRED TO AS THE “PARTICIPANT AGREEMENT” CONSTITUTE A LEGALLY BINDING CONTRACT AND THE ENTIRE AGREEMENT GOVERNING THE RELATIONSHIP BETWEEN YOU AND THE COMPANY. THERE IS NO VERBAL OR WRITTEN REPRESENTATION, WARRANTY, PRIOR AGREEMENT OR DESCRIPTION OF SERVICES OTHER THAN AS EXPRESSED HEREIN.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING. YOUR ATTENTION IS ESPECIALLY DIRECTED TO SECTIONS 2, and 12 LIMITING OUR LIABILITY FOR YOUR DEATH, ILLNESS OR INJURY, AS WELL AS DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY, AND YOUR RIGHT TO SUE OR ARBITRATE, AND WAIVER OF JURY TRIAL AND CLASS ACTION. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PARTICIPANT AGREEMENT, DO NOT ACCEPT. INSTEAD, CALL AND CANCEL YOUR RESERVATION AND WE WILL REFUND ANY DEPOSIT PAID. ONCE THIS PARTICIPANT AGREEMENT IS ACCEPTED, YOU CANNOT SUBSEQUENTLY REJECT IT. HOWEVER, YOU CAN CANCEL YOUR RESERVATION SUBJECT TO ANY CANCELLATION PENALTIES THAT MAY APPLY.
By accepting, you certify that you are an adult with full legal authority to enter into this PARTICIPANT Agreement for yourself and on behalf of all accompanying PARTICIPANTs on your reservation. You further affirm that you have read the terms of this PARTICIPANT Agreement, and that you understand and accept all such terms and conditions. The PARTICIPANT Agreement terms must be accepted at the time of payment (when you click “pay now” button on this website.)
The word “you” or “participant” refers to each PARTICIPANT booking, purchasing or traveling on a tour, including any accompanying minors, and all of the PARTICIPANT’s heirs, successors in interest and personal representatives.
“Company” or the term “we” or “us” refers to “Prana Gogia”, and all affiliated companies including but not limited to the Tour Operators, Vessel Owners and Vehical Operators and the vessels these entities own or operate, (including their managers, charterers, agents, pilots, officers, crew, tenders shipbuilders and manufacturers of all component parts and all suppliers), and each of their owners, shareholders, directors, officers and employees.
“Program Price” refers to the sum of the base price for your program, plus single supplement (if applicable), plus any air add-on costs, included government taxes, fees, or port charges, and pre- or post-trip extension costs; but does not include any other items, such as surcharges, government taxes or fees that are payable onsite, etc. (collectively, “Other Items”).
“Suppliers” are independent third party providers of services. See “Tour Operator”
2. LIMITATION OF OUR LIABILITY
Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this PARTICIPANT Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your program, tour and workshop.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with program, Company shall not be liable for any tours, activities, products or services, other than provided and agreed in connection with program. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. PARTICIPANTs are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of PARTICIPANTs who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for PARTICIPANT and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the PARTICIPANT.
h) In addition to all the restrictions and exemptions from liability provided in this PARTICIPANT Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this PARTICIPANT Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
3. NOTICE CONCERNING SAFETY AND SECURITY
We provide tours to a large number of countries around the world. You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you.
4. MEDICAL CARE; TRAVEL PROTECTION
You recognize and agree that we are not in the business of providing medical services and/or operating medical facilities. You acknowledge that the medical benefits provided under the travel protection plan (if purchased) are provided and administered by non-affiliated third parties, whose identities are listed under the travel protection plan documents. You therefore agree that we are not responsible for the provision of, or adequacy of, any medical care provided including but not limited to any medical care provided under the travel protection plan.
During your tour, while at sea or in port, the availability of medical care may be limited or delayed. You acknowledge that all or part of your tour or voyage may be in areas where medical care and evacuation may not be available. You agree to indemnify and reimburse Company in the event Company elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.
For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your cruise and/or tour.
5. AUTHORITY TO DECLINE PARTICIPANTS OR REMOVE PARTICIPANTS FROM TRIPS OR PROGRAM
We reserve the right to accept or reject any person as a tour or program PARTICIPANT. We reserve the right to expel any PARTICIPANT from a tour or disembark a PARTICIPANT from a vessel if we deem this necessary for the comfort, convenience or safety of the tour or program participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other PARTICIPANTs or if we reasonably determine your condition would adversely affect your health, safety or enjoyment or that of other PARTICIPANTs. If we remove you from a trip in progress or disembark you from a vessel, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.
6. CANCELLATIONS AND REFUNDS
a) If you must cancel your trip, you may do so by calling 760.593.7726. Cancellation charges will be calculated as of the date we receive your cancellation. Cancellation charges and refunds shall be calculated in accordance with the terms of this PARTICIPANT Agreement. Any applicable refunds will be returned to you in the manner in which payment was made, and processed within 30 days of receipt of your cancellation.
b) Processing Fee: All cancellations are subject to a non-refundable fee of $600. This $600 fee reflects only Operator’s costs of administering a reservation.
c) Cancellation Charges Generally: Unless otherwise stated next to the program’s rate chart, you will receive a refund equal to your Trip Price less the following per-person charges. Charges shown include the $600 administrative fee.
d) If you are a no-show, if you cancel your trip after the departure date, or if you leave a trip already in progress, you will not receive any refund for any unused portion of your trip.
e) If you reserved a double room and are sharing with a friend or family member, and that person cancels prior to departure, you may be subject to additional single supplement and travel protection fees.
7. RESERVATION CHANGES
a) We reserve the right to modify tour itineraries and substitute hotels and accommodations without liability to Company. Included features may not be available for all departures. If a vessel is not able to complete the scheduled itinerary due to low water, high water, mechanical breakdown, or other reason, we reserve the right to modify the itinerary, which right shall include the use of hotels and motorcoaches where necessary.
b) Additionally, Company may, for any reason, without prior notice, cancel a program; deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the vessel; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the program or substitute a vessel or other transportation or lodging. Company is not responsible for any losses you may incur as a result of such cancellations or deviations. Company, at its option, may substitute accommodations of an equal or superior class or provide a full refund of the fare actually paid by you for such program, or substitute accommodations of a lower class and provide a refund of the difference, if any, between the booked class and the substitute class for such program, but Company shall not incur any other liability for failure to provide the reserved berth. Any partial refunds shall be calculated in accordance with the Company’s typical business practices.
c) Operator cannot accept any changes to reservations at or within 45 days of departure. If you make changes to your departure date or destination, it will be treated as a cancellation and the relevant cancellation charges will apply. Traveler substitutions are considered reservation cancellations and are subject to the above cancellation charges.
d) All traveler requests, including breakaways, preferred air schedules, and special accommodations, are subject to availability and are not guaranteed, and charges may apply.
e) In certain circumstances, Operator overbooks its trips to offset anticipated cancellations. If, up to four days prior to departure, more PARTICIPANTs are booked than can be accommodated, Operator will solicit volunteers to change their reservations. Customers affected by overbooking will receive compensation and will be offered an alternative departure date.
f) In certain circumstances, Operator may change the departure date of your trip or consolidate any trips that do not reach a minimum level of participation or are overbooked. In this event, you will be offered an alternative departure date or trip. If we are not able to agree upon a suitable alternative, you will be entitled to cancel your reservation and receive a full refund of your Trip Price plus any cost you paid for the Travel Protection Plan.
g) If Operator cancels any optional extension which you have purchased, you will receive a refund of the amount you paid for the extension. If you decide to cancel the base (main) portion of your trip within 7 days from notification of the cancelled extension, you will receive a full refund of your Trip Price plus any cost you paid for the Travel Protection Plan. If you cancel the base (main) portion of your trip outside of this 7-day period, then normal cancellation charges will apply.
h) Operator reserves the right to cancel or shorten a trip or program without notice, in which event your sole remedy shall be a prorated refund for any unused portion of the trip or program, calculated in accordance with the Company’s typical business practices.
8. SINGLE TRAVELERS
Most trips offer a limited number of single rooms, subject to availability and hotel space. Please see individual program rate charts in the program’s catalog for Single Supplement costs.
Roommate matching: If you reserve a trip where sharing is possible and you would like to share a twin-bedded room with another single traveler of the same gender, we will attempt to match you with a roommate and you will not be charged a single supplement even if we are not able to match you.
9. PASSPORTS AND VISAS
A valid passport is required for U.S. citizens traveling on our international trips and programs. You will be notified if your destination requires a visa for U.S. citizens. All passports must contain at least five blank pages and must be valid for six months after the completion of your trip or program. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their trip or program, as we are not responsible for providing you with this information or documentation. It is the PARTICIPANT’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All PARTICIPANTs are advised to check with the appropriate government authority to determine the necessary documents. You may be refused boarding or disembarked from a vessel without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by Company which result from improper documentation or noncompliance with applicable regulations.
10. MEDICAL ISSUES AND SPECIAL NEEDS
a) You are encouraged to report any disability requiring special attention to us at the time the reservation is made, including requiring the use of special equipment. We will make reasonable efforts to accommodate the special needs of tour and program participants. Such participants, however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and facilities outside the United States for disabled individuals are limited.
b) Most of our trips are not wheelchair or motorized scooter accessible, as wheelchair or motorized scooter assistance or accessibility in international destinations cannot be guaranteed. If your trip is wheelchair-accessible and you require a wheelchair, you must provide your own small, collapsible wheelchair. On most international trips, we cannot accommodate women past their sixth month of pregnancy and cannot accommodate service animals.
c) If you are unable to travel without assistance, you must be accompanied by an able companion. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and is completely responsible for providing the assistance. Neither Company nor its personnel, nor its suppliers, may physically lift or assist PARTICIPANTs into transportation vehicles. If a traveler thinks he or she might need assistance during a trip, he or she should call us to determine what assistance might reasonably be given. The Company cannot provide special individual assistance to PARTICIPANTs with special needs for walking, dining or other routine activities or personal services.
d) If you have a condition that requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition.
e) If you have a condition as contemplated herein, you travel at your own risk. Operator is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
11. PHOTOGRAPHS AND VIDEO
We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness. If you prefer that your image or likeness not be used, you must advise us in writing, no later than 30 days prior to your departure date.
Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.
12. TIME LIMITATION; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER
a) Time Limits for Legal Action: Any claim or legal action against the Company, whether based on contract, or tort, or statutory, constitutional or other legal rights, including without limitation claims based on bodily injury, illness to or death of a PARTICIPANT, or alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this PARTICIPANT Agreement or your tour or program, must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
b) Agreement to Arbitrate; Forum: You agree that any claim against or dispute with the Company, whether based on contract, or tort, or statutory, constitutional or other legal rights, including without limitation claims based on bodily injury, illness to or death of a PARTICIPANT, or alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this PARTICIPANT Agreement or your tour or program, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the American Arbitration Association (“AAA”) using one mutually selected arbitrator according to the then existing rules of the AAA. The arbitration shall be held in Boston, Massachusetts to the exclusion of any other forum, and you consent to jurisdiction and waive any objections to arbitration proceeding in Boston, Massachusetts. You agree that the costs of the arbitration shall be split between the parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of this PARTICIPANT Agreement is void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Boston, Massachusetts. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of subsection (c) below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You and we further agree that at a minimum, we are permitted (1) to take the deposition under oath of the PARTICIPANT asserting the claim, or for whose benefit the claim is asserted, as well as any witnesses who you claim have factual knowledge in support of the claim, and (2) to obtain from you the production of all evidence in support of your claim, in any such arbitration.
c) FORUM FOR ALL OTHER CLAIMS: ANY AND ALL CLAIMS AGAINST OR DISPUTES WITH THE COMPANY RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS PARTICIPANT AGREEMENT OR YOUR TOUR OR PROGRAM AND NOT SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE COURTS OF THE CALIFORNIA, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE AND COUNTRY. ANY AND ALL CLAIMS OR DISPUTES RELATING TO, ARISING OUT OF OR CONNECTED WITH YOUR TOUR OR PROGRAM AGAINST A SUPPLIER OR A NON-AFFILIATED THIRD PARTY VESSEL OWNER OR VESSEL OPERATOR SHALL BE BROUGHT, IF AT ALL, WHEREVER SUCH ENTITIES MAY BE PROPERLY SUBJECT TO JURISDICTION.
e) WAIVER OF CLASS ACTION: THIS PARTICIPANT AGREEMENT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SUBSECTION (b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
13. MODIFICATION; TRANSFERABILITY; SEPARABILITY
No person, other than one of our authorized representatives by a document in writing is authorized to modify, add or waive any term set forth in this PARTICIPANT Agreement.
This PARTICIPANT Agreement and the corresponding reservation cannot be sold, assigned or transferred by you.
Any provision of this PARTICIPANT Agreement that is invalid, illegal, or unenforceable will be ineffective only to the extent of such invalidity, illegality or unenforceability and, except as provided in Sections 16(d) and 16(e) above with regard to the arbitration clause and class action waiver, shall be severed from this contract without affecting in any way the remaining provisions of this contract which shall remain in full force and effect.