client terms and conditions

Engagement Agreement, Waiver, Release of Liability, and Covenant Not to Sue

 

 

 

 

 

Agreement made on Day of Week of Today’s Date of, 2024, between Live Travel Vibe, LLC, of 2611 East Locust Street, Davenport, Iowa 52803, referred to as Company;

 

 

and Client Name of Client Address

 

Client City, State and Zip-code, referred to as Customer.

 

 

 

WHEREAS, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

 

 

  1. Subject of Agreement

The Company’s purpose is to serve as host and book and perform travel services such as book the hotel rooms, book the resort services, excursion and transport services in TRIP NAME/TRIP LOCATION/TRIP DATE  itinerary for the Customer.

 

 

  1. Responsibilities of Company

Company responsibilities are to engage in, promote, advertise, and carry on a travel business, including arranging, planning, making reservations at hotels, and resorts, and making land arrangements of tours and local transportation.

 

 

  1. Responsibilities of Customer

Customer is solely responsible for booking and paying for international flights to and from the destination, and that such international travel to and from the destination is not included in the itinerary. Customer is responsible for obtaining all valid passports and/or visas to travel legally within each country listed on the itinerary.

 

Customer is required to have a “REAL ID-compliant” driver’s license, US passport, US military ID or other accepted identification to fly within the United States.

 

 

  1. Terms of Booking

Booking requests shall be made via the Company website. All reservations are subject to availability.  Customer reserves the right to cancel within 48 of hours without giving a reason. If Customer payment is not received on time, Company may cancel the booking.

Company reserves the right to alter the travel services which do not affect the travel plans of the Customer. Company will notify the Customer of such changes, in writing within 5 days of such change.

 

 

  1. Fees and Payment

Payment shall be made by Customer at the time of booking the specified itinerary. The required amount due at booking is a $500 (five hundred dollar) non-refundable deposit during sale period otherwise deposit is $999 (non-refundable). Payments may be made in full at the time of booking. A payment plan may be available at the sole discretion of the Company. Payments are NON-REFUNDABLE.

 

Customer agrees that if a makeup trip must be scheduled per Section 7, that travel fees for tours and accommodations may change depending on travel dates. Customer is fully responsible for any differences in costs that may arise due to rescheduling. Customer further understands that discounted fares typically involve restrictions and that changing any aspect of travel arrangements may result in the payment of additional money.

 

Customer has been advised to use a credit card, as this may offer the opportunity to dispute any charge individually paid to the actual supplier and/or vendor of such services should a supplier or vendor cease operating or cancel the purchased service. Customer understands that airline tickets, air tours and/or other products that Customer purchases are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government.

 

Customer acknowledges that Customer may be charged additional sums by Company to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets or any combination thereof. Customer hereby consents to any post-purchase price increases and authorize Company to charge my credit card for such additional amounts.

 

 

  1. Third-Party Suppliers

Customer understands tours and domestic transportation services within certain countries will be supplied through sources independent of Company but that have been selected by Company. Customer acknowledges that such third-party suppliers are responsible for providing those specific tours and domestic transportation. Customer shall not hold Company liable for third-party supplier acts as follows:

  1. failure to provide travel services Customer purchases;
  2. failure to comply with any applicable law;
  3. engage in any negligent act or omission that causes Customer any sort of injury,

     damage, delay or inconvenience.

 

 

  1. Company Cancels Due to Unforeseen Circumstances and Force Majeure

In the unlikely event that the Company must cancel the trip due to unforeseen and unavoidable circumstances such as a serious illness or injury or a death in the family, the Parties are not responsible for the terms of this Agreement. However, a make-up trip will be scheduled for a reasonable period of time, not to exceed two (2) years, depending on current global and/or domestic travel restrictions

 

Furthermore, in the unlikely event of partial or complete breach of contract, caused by unforeseeable events such as fire, war, natural disaster, pandemic, or any other acts of God, as well as legal actions taken by a State, which may have impact on the fulfillment of the contract, the Parties are not responsible for the terms of this Agreement. However, a make-up trip will be scheduled for a reasonable period of time, not to exceed two (2) years, depending on current global and/or domestic travel restrictions.

 

 

  1. Travel Documentation and Regulations

Customer understands and acknowledges that the Transportation Security Administration (TSA) requires the Customer to carry a government issued identification car in order to board a flight. Customer has been advised that the name, date of birth, and gender that appear on the identification card must exactly match the same such data that is listed on the Customer’s airline ticket and the Customer’s booking records.  If traveling internationally, Customer has been advised and acknowledges that Customer must have a valid passport, and depending on the final destination and nationality, Customer may be required to obtain one or more visas. Customer acknowledges that passport and visa information may be obtained by visiting the Travel Advisory Section of the U.S. State Department or by visiting the State Department’s website. Customer has also been advised that non-U.S. passport holders should contact the embassies of their destination and transit countries to obtain entrance requirements. Customer understands that it is Customer’s sole responsibility to obtain medical information to determine any medical restrictions, COVID testing, and/or vaccinations/boosters that may be required for travel. Customer acknowledges that Customer has reviewed their travel documents for accuracy upon receipt and confirm that their travel documents are accurate.

 

 

  1. Travel Insurance

Customer understands and acknowledges that they may purchase travel insurance to cover certain risks inherent in travel such as supplier bankruptcy and/or the inability to travel due to a medical or personal emergency.

 

Please check and initial to acceptance or refusal of travel insurance below.

I wish [   ] do not wish [   ] to purchase travel insurance. _____________ (Customer’s initials)

 

Client’s Signature: _______________________________________ Date:__________________

 

 

  1. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

 

 

  1. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver occurred.

 

 

  1. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa.

 

 

  1. Notices

Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each Party as set forth at the beginning of this Agreement.

 

 

  1. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the Parties hereto. If the Parties cannot agree on any arbitrator, each Party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

 

 

  1. Entire Agreement

This Agreement shall constitute the entire agreement between the Parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either Party except to the extent incorporated in this Agreement.

 

 

  1. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement shall be binding only if placed in writing and signed by each Party or an authorized representative of each Party.

 

 

  1. Assignment of Rights

The rights of each Party under this Agreement are personal to that Party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other Party.

 

 

  1. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

 

 

  1. Compliance with Laws

In performing under this Agreement, all applicable governmental law, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both Parties.

 

 

 

  1. Waiver, Release and Assumption of the Risk

Customer hereby waives, releases, and discharges Company from any and all claims for damages for personal injury, death, or property damage which may have, or which may subsequently accrue to Customer, as a result of Customer’s participation in and travel to destination. This release is intended to discharge in advance the Company (and its respective agents and employees) from and against any and all liability arising out of or connected in any way with Customer’s participation in this travel, including any liability arising out of Customer- provided transportation to destination. __________(Customer’s Initials)

Customer does hereby completely release, acquit, and forever release and discharge Company of and from any and all actions, claims, demands, obligations, causes of action, damages, costs, loss of services, expenses, attorneys’ fees, and compensation of any kind or nature whatsoever on account of or in any way growing out of, or which in the future may result from, property damage, bodily and personal injuries, illnesses, paralysis, and death to Customer as a result of participation in the hereinabove described travel, its activities or the negligence of the Company or anyone associated with the travel. __________(Customer’s Initials)

 This Release includes, but is not limited to, all claims or causes of action whether based on a tort, contract, or any other theory of recovery, which the Customer now has or which may hereafter accrue or may otherwise be acquired on account of or may in any way grow out of any travel activities including, but not limited to, any and all claims for emotional distress, loss of consortium, loss of companionship, loss of income, bodily or personal injury to Customer or members of Customer’s family, or any wrongful death claim or punitive damage or any other claim of Customer’s representatives or heirs which have resulted or may result from the activities, acts, omissions, or anyone associated with the travel. __________(Customer’s Initials)

Customer does hereby agree to fully indemnify and hold forever harmless Company against loss from any and all claims, demands, or actions which may hereinafter or at any time be made or brought against Company as a result of any injury to Participant on said travel. __________(Customer’s Initials)

Customer acknowledges and agrees that Customer’s participation in the travel  is completely voluntary and Customer acknowledges all risks, known and unknown, accepts all risks, known and unknown, and assumes full responsibility for all risks, known and unknown, including, but not necessarily limited to, those risks identified in this section  and acknowledges and accepts full responsibility for all property damage, bodily and personal injury, illness, paralysis, and death to Customer and/or members of Customer’s family. Furthermore, Customer represents and warrants that:

  • Customer has completely and fully read this document, agrees to its terms, has been given ample opportunity to seek legal counsel to review and advise Customer as to the legal effect of this Agreementand has been provided additional opportunities to ask questions and make inquiries of Companyregarding this Agreement;

 

  • Customer warrants and represents he has no medical problems which might interfere with his participation in the travel and all  of the activities associated with the travel, and Customer is voluntarily participating in the recreational and horse activities associated with the travel with full knowledge of the activities and the risks involved;  
  • Customer accepts and assumes the risks and legal responsibilities for any and all injuries and damages which may result from those risks associated with participation in recreational activities;
  • Customer warrants and represents that they can fulfill any physical requirements involved with recreational activities;
  • Customer understands that the presence of travel personnel is no assurance of Customer safety or lessens any risks assumed by Customer; and
  • Customer warrants and represents that they have obtained adequate medical/disability/life insurance or other monies to cover losses to themselves or others. __________(Customer’s Initials)

 

 

WITNESS my signature as of the day and date first above stated.

 

Customer Signature: ___________________________________

 

Printed Name: _____________________________________