This Agreement (“Agreement”) is made as of DATE SUBMITTED by and between Practically Perfect Vacations Inc. (“Company”), and CLIENTS SIGNED BELOW, on behalf of themselves, their minor children, and any personal representatives, heirs, and next of kin (hereinafter referred to as “Client”).
1. Relationship. Company will provide travel booking services to Client (“Services”). Client understands and agrees that Company acts as an intermediary for hotels, tour operators, cruise lines, travel destinations, car-rental companies, airlines or other service providers listed in Client’s booking (collectively, “Travel Suppliers”). Client understands and agrees that results are not guaranteed and that Company is not responsible for acts or omissions of the Travel Suppliers or their failure to provide services. Client consents to and requests the use of the Services and those Travel Suppliers and agrees not to hold Company responsible should any Travel Suppliers: 1) fail to provide the travel services purchased; 2) fail to comply with any applicable law; 3) engage in any negligent act or omission that causes any sort of injury, damage, delay or inconvenience; or 4) impose additional price increases or restrictions on participation or entry.
2. Client Prerequisites. Client will review all travel documents for accuracy upon receipt. Client understands that the Transportation Security Administration (TSA) requires that Client carry a government issued identification card for each traveler in order to board a flight. Client has been advised that the name, date of birth and gender that appears on the identification card for each traveler must exactly match the same data that is listed on airline tickets and in booking records for each traveler. Client acknowledges that failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing missed flight and additional costs. For cruise destinations, similar requirements will be in place for proper identification requirements for each traveler. Client understands that, if traveling internationally, Client must have a valid passport for each traveler and, depending upon Client’s destination and nationality, Client and each traveler may need to obtain one or more visas or vaccinations.
3. Credit Card Authorization. By providing Company with acceptable form of payment via debit or credit card, Client agrees and acknowledges that Client is authorizing Company to place payments regarding Client’s vacation package booked with Company on Client’s behalf to the Travel Supplier Client’s vacation is booked with. Client understands and acknowledges that should any cancellations occur, refunds will go back to original form of payment and that there are no exceptions.
4. Travel Insurance. Company strongly recommends that Client purchase travel insurance to cover risks inherent in travel such as Travel Supplier bankruptcy and the inability to travel due to a medical or personal emergency. Company strongly recommends purchasing your travel arrangements with a credit card in order to exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased. Client understands and confirms that Company has offered Client the option to purchase travel insurance and has either purchased such travel insurance or declined to purchase travel insurance knowing the risks of not obtaining such travel insurance.
5. Company Information. Client understands and confirms that Company has provided Client with the information at the time regarding travel to the best of Company’s knowledge. Company has no special knowledge of the financial condition, unsafe conditions, health hazards, weather hazards, or climate extremes of the Travel Suppliers or Client’s travel destinations. Client understands and agrees that any and all information provided by Company is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Company disclaims all liability and responsibility arising from any reliance placed on such information. Any reliance that Client places on such information is strictly at their own risk. For information concerning possible dangers at destinations, Company recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647- 5225 or www.travel.state.gov. For medical information, Company recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. Client assumes full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Client’s destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
6. Health Waiver Relating to COVID-19 and Other Communicable or Infectious Diseases. By purchasing Services from Company, Client agrees, understands and acknowledges the following:
a. Assumption of Risk: Client acknowledges that an inherent risk of exposure to COVID-19 and any other communicable or infections disease, exists in any public place where people are present. No precautions can eliminate the risk of exposure to COVID-19 or other potential communicable or infectious diseases, and the risk of exposure applies to everyone. Client is fully aware of the current global COVID-19 virus outbreak, the potential for other communicable or infections disease outbreaks, the current travel restrictions, and inherent risks involved when choosing to travel. Client is aware that it is their personal decision to travel and is doing so with full knowledge of travel recommendations, restrictions, regulations, and risks with regards to COVID-19, as well as the possibility of future travel restrictions, and takes full responsibility for their actions with regards to traveling. Client acknowledges that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that Client will expose others that Client later encounters, even if Client is not experiencing or displaying any symptoms of illness. By choosing to travel, Client is choosing to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others.
b. Waiver: In consideration of the travel planning services provided to Client and with full knowledge and acceptance of the risks associated with travel, Client hereby releases, indemnifies, holds harmless and covenants not to sue Company, its officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly, from all claims, suits, expenses, attorneys’ fees and demands of any nature (including negligence) caused by, deriving from, or associated with Client’s travel and/or Company’s providing of the Services. Client makes these covenants, release and waivers knowingly and voluntarily. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law. Client attests that all individuals for whom Client is signing this Agreement has independently and carefully read this provision and has knowingly and independently acknowledged and agreed to all of its provisions.
c. Indemnity. Client agrees to indemnify and hold Company harmless Company against any and all claims made or incurred by anyone, including Client and any member of Client’s travel party, arising out of or related to, Client’s travel and/or Company’s providing of the Services and arising out of any and all risks described above in this Section 6 or in any other way related to exposure to COVID-19 or any other communicable or infections disease, with such indemnification obligations to include all attorneys’ fees and costs incurred by Company.
d. Acknowledgement. CLIENT HAS CAREFULLY READ AND VOLUNTARILY SIGNED THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. CLIENT IS AWARE THAT BY AGREEING TO THIS AGREEMENT CLIENT IS GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE COMPANY IN CASE OF ILLNESS, INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 WHILE TRAVELING AND ANY ILLNESS, INJURY, OR DEATH RESULTING FROM IT. CLIENT IS FULLY INFORMED OF THE RISKS INVOLVED IN TRAVELING TO DECIDE WHETHER TO SIGN THIS DOCUMENT. CLIENT UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
7. Image Release. In the event that Client sends images, videos or photographs (collectively “Images”) from Client’s vacation to Company or an agent of Company, Client agrees that Company may use such Images on Company’s website, blog, social media and any other means of promotion of Company’s business. Client waives any right to payment, royalties or any other consideration for the use of the Images. Client hereby holds harmless and releases and forever discharges Company from all claims, demands and causes of action which Client or any other person acting on Client’s behalf have or may have related to the Images.
8. Cancellation. Client understands and acknowledges that Travel Suppliers have their own policies, penalties, fees, and terms and conditions covering cancellations and changing travel arrangements. Client understands and agrees that they are bound by these Travel Supplier policies, penalties, fees, and terms and conditions, regardless of whether Client has received notice of them, and Client agrees not to hold Company responsible for any Travel Supplier policies, penalties, fees, and terms and conditions.
9. Proprietary Information. All planning guides, documents and tips provided to Client during the planning process is considered proprietary information of the Company and is intended for Client’s use only. Use of Company’s client resource portal is for Client only and not to be shared. Company puts a lot of time and effort into its planning information and Company proprietary materials, and Company materials needs to remain with Company’s valued clients only.
10. Miscellaneous.
(a) LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, COMPANY’S ACTS OR FAILURE TO ACT, TRAVEL SUPPLIERS’ ACTS OR FAILURE TO ACT, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) Release; Indemnity. Client agrees to release Company, and its officers, directors, employees, contractors, agents, successors and assigns (“Releasees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including, without limitation, attorneys’ fees (“Losses”) arising out of or relating to the Services, Client’s travel or this Agreement. Client agrees to indemnify the Releasees from and against any and all Losses incurred as a result of Client’s breach of this Agreement or violation of law.
(c) Governing Law; Consent to Jurisdiction. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed, and interpreted in accordance with the laws of the state of MA, without giving effect to principles of conflicts of law. The parties hereby irrevocably consent to the exclusive jurisdiction of a competent federal or state court sitting in the Commonwealth of Massachusetts in any action or proceeding arising out of or relating to this Agreement, and hereby irrevocably agree that all claims in respect to such action or proceeding must be exclusively heard and determined in such court. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the state and federal courts located in the Commonwealth of Massachusetts shall have personal jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
(d) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.
(e) Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.
