Plumas De Luz RESIDENCY: TERMS & CONDITIONS
- Overview
This Agreement is set forth between Plumas De Luz Management Panama, S.A., a Panama corporation, it’s holding company, affiliates and subsidiaries (from now on referred to as Plumas De Luz) and the Plumas De Luz Exchanger (from now on referred to as The Resident). This agreement contains the complete terms and conditions that apply to The Resident becoming an Exchanger in the Plumas De Luz Exchange Program. The purpose of this Agreement is to allow The Resident to stay and use any of the participating Plumas De Luz locations in exchange for promotion or Content for Plumas De Luz.
Declarations: On one hand Plumas De Luz declares to be a provider of hotel, lodging and related services; in Panama City, and on the other, the Plumas De Luz Exchanger main commercial activity is the promotion and provision of content.
- The Resident Overview and Obligations
2.1 The Plumas De Luz Exchange will include, but not be limited to, the following disciplines, each Resident may opt for one or more of the following:
a) Music
– DJ
– Solo Artist
– Writer / Composer
– Promoter
– Label Owner
b) Wellness
– Yoga Teacher
– Pilates Teacher
– Meditation Teacher
– Fitness Teacher
– Martial Arts Teacher
– Massage Therapist
– Nutritionist
– Naturopath
– Wellness Workshop Leader
c) The Arts
– Theater
– Dance
– Performance
– Curator
– Writer
– Playwrite
– Poet
– Cultural Research
– Production Designers
– Sculpture
– Painting
– Digital Designer
– Scientific Arts
d) Education
– Teacher
– Workshop Leader
– Upskilling Trainer / Mentor
e) Content & Marketing
– Photographer
– Video/Film Editor
– Image Retoucher
– Film Director
– Cinematographer
– Influencer
– Travel Blogger
f) Impact
– Individual Volunteer
g) Other
Each discipline selected by the Resident shall have its own set of rules and deliverables as set forth by Plumas De Luz. The Resident may only be allowed to select the disciplines and activities related to them prior to their stay in accordance with this program.
2.2. To begin the enrollment process, The Resident will complete and submit the online application form that can be found at the URL. Plumas De Luz may reject The Resident’s application at Plumas De Luz’s sole discretion. Plumas De Luz may cancel The Resident’s application if Plumas De Luz determines that The Resident has not followed the Plumas De Luz Guidelines as established in this agreement and/or in the Plumas De Luz Exchange Guidelines handbook that Plumas De Luz may provide through digital form or physical form at the location Plumas De Luz has chosen The Resident for or by the Email address supplied by The Resident.
2.3 Following Plumas De Luz’s Guidelines, The Resident will promote or provide Content for Plumas De Luz, which will be agreed upon before The Resident’s arrival and which may change from time to time throughout The Resident’s participation in this program.
Promotion includes Instagram, Twitter, Facebook, Email Blasts or any other approved Social Media. Plumas De Luz must be tagged @Plumas De Luz & #Plumas De Luzresidency
Content to be approved on a case by case basis.
2.4. The term of The Resident’s stay in the Plumas De Luz location under this program will be no less than the term established in the Deliverables Form.
2.5 Plumas De Luz is not responsible for any damage suffered, loss, or theft of The Resident’s property.
2.6. The Resident will act professionally at all times; while Plumas De Luz encourages that The Resident has fun while participating in this program, The Resident must always behave properly and not consume illegal drugs or excessive alcohol.
- Plumas De Luz Rights and Obligations
3.1. Plumas De Luz will provide The Resident with a room at the participating Plumas De Luz location of Plumas De Luz’s choosing for the period of time as set forth in the Deliverables Form.
3.2. Any food, beverage, or any other service requested by The Resident is not part of this agreement and must be paid separately by The Resident.
3.3. Plumas De Luz reserves the right to terminate this Agreement and The Resident’s participation in the Plumas De Luz Exchange Program immediately and without notice to The Resident should The Resident fail to follow any of these Terms and Conditions, fail to follow Plumas De Luz’s established guidelines or should The Resident abuse this program in any way. If such fraud or abuse is detected, Plumas De Luz will promptly terminate this agreement, The Resident’s participation, and let The Resident go. At this point The Resident will be responsible for the accommodation cost and any other applicable fees incurred by Plumas De Luz for the purposes of the program.
3.4. This Agreement will begin upon Plumas De Luz’s acceptance of The Resident’s Exchange application and will continue until the term as set forth in the Deliverables Form; or The Resident has stayed and completed all The Resident’s obligations in the participating Plumas De Luz location; or unless terminated hereunder.
3.5 After Plumas De Luz confirms The Resident’s application to the Plumas De Luz Exchange Program, Plumas De Luz will notify The Resident in writing with the initial date and term of The Resident’s stay and other obligations.
- Termination
Either The Resident or Plumas De Luz may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by The Resident. The Resident is responsible for its own accommodation and other applicable fees in the case that The Resident terminates this agreement before the established term as set forth in the Deliverables Form, in which case The Resident must pay any outstanding fees on The Resident’s departure. In the case that The Resident does not deliver satisfactorily as set forth in the Deliverables Form, the Resident will be responsible for the cost that Plumas De Luz incurred in accommodating The Resident at the Plumas De Luz location for the purposes of the program.
Upon termination The Resident must immediately vacate the room that Plumas De Luz has provided.
- Limitations of Liability
Plumas De Luz WILL NOT BE LIABLE TO THE RESIDENT WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF Plumas De Luz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Plumas De Luz’S CUMULATIVE LIABILITY TO THE RESIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL VALUE OF THE SERVICES RENDERED BY THE RESIDENT UNDER THIS AGREEMENT.
- Miscellaneous
6.1. The Parties agree that the purpose of this program is to establish a relationship in which Plumas De Luz provides accommodations to The Resident in exchange for The Resident’s craft, and as such, The Resident is an independent exchanger, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between The Resident and Plumas De Luz. The Resident will have no authority to make or accept any offers or representations on Plumas De Luz’s behalf. The Resident will not make any statement, whether on The Resident’s site/Social Media/blogs or any other form of media, whether written, physical, or electronic or otherwise, that reasonably would contradict anything in this Section.
6.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
6.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Panama without regard to the conflicts of laws and principles thereof.
6.4. The Resident may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
6.5. This Agreement represents the entire agreement between us and The Resident and shall supersede all prior agreements and communications of the parties, oral or written.
6.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
6.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.