Perfectly Posh Travel Agreement Form

This Agreement (“Agreement”) is made as of DATE SUBMITTED by and between Practically Perfect Vacations Inc. doing business as Perfectly Posh Travel (“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; Travel Advisories/Required Travel Documentation. 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 in order to board a flight and that cruise clients must carry proper identification to board. Client has been advised that the name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline tickets and in booking records. 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. Client understands that, if traveling internationally, Client must have a valid passport and, depending upon Client’s destination and nationality, Client may need to obtain one or more visas or vaccinations. Client acknowledges and agrees that Client is obey responsible for obtaining current travel advisories, warning and requirements by contacting applicable embassies or consulates such as the U.S. State Department’s website at http://travel.state.ma.give and the U.S. Centers for Disease Control and Prevention website at http://www.cdc.gov or other appropriate consulates regarding passport, visa and other document requirements. Client acknowledges that Client must have valid government-issued proof of citizenship to travel, in addition to any other requirements of the country of origin and countries visited. Client understands that they may be denied travel and may be denied entry to the countries visited if they do not meet the country’s entry requirements. If Client purchased airfare through Company, Client understands that they are solely responsible for notifying Company of any changes affecting Client’s arrival.

3. Travel Insurance. Company strongly recommends that Client purchase travel insurance to cover risks inherent in travel such as 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 agrees that Client is not relying on Company or any Travel Supplier to carry any insurance of any kind for Client’s benefit relative to Client’s participation in their trip or activities. Client understands and agrees that Client is solely responsible for obtaining any mandatory or desired life, travel, accident or other insurance related to participation in the trip or any activities, at Client’s own expense.

4. Information. Client understands and confirms that Company has provided Client with the best available information at the time regarding travel. 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).

5. 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 or photographs 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, its heirs, representatives, executors, administrators or any other person acting on Client’s behalf have or may have related to the Images.

6. 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 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 Supplier policies, penalties, fees, and terms and conditions.

7. Limitation of Liability; General Waiver; Indemnification; Assumption of Risk; COVID Waiver. By purchasing Services from Company, Client agrees, understands and acknowledges the following:

(a) LIMITATION OF LIABILITY. IN NO EVENT SHALL THE 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 SUPPLIER’S 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 THE 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) GENERAL RELEASE AND WAIVER. ON BEHALF OF CLIENT, CLIENT’S HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS, CLIENT VOLUNTARILY AGREES TO FOREVER WAIVE, COVENANT NOT TO SUE, RELEASE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES, COSTS, OR EXPENSES OF EVERY KIND, INCLUDING WITHOUT LIMITATION ALL CLAIMS AND CAUSES OF ACTION BASED ON THE SOLE, JOINT, ACTIVE, OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, ARISING OUT OF CLIENT’S PARTICIPATION IN THE TRIP, THE SERVICES PROVIDED BY COMPANY OR ANY ACTIVITIES (COLLECTIVELY, “CLAIMS”). Released Parties” means and includes all of the following: 1) Company and each of Company’s respective parent, subsidiaries, and other affiliated or related companies, and all officers, directors, employees, shareholders, members, tour operators, agents, suppliers, contractors, sub-contractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing entities; 2) any Travel Supplier.

(c) Indemnification. ON BEHALF OF CLIENT AND ON BEHALF OF CLIENT’S HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS, CLIENT AGREES TO INDEMNIFY AND HOLD EACH OF THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS MADE OR INCURRED BY ANYONE, INCLUDING CLIENT, ARISING OUT OF CLIENT’S PARTICIPATION IN THE TRIP OR THE ACTIVITIES OR ARISING OUT OF ANY AND ALL CLAIMS WITHIN THE SCOPE OF THE WAIVER DESCRIBED IN SECTION 2, WHEREVER SUCH ACTIVITIES MAY OCCUR AND WHETHER SUFFERED BEFORE, DURING, OR AFTER SUCH PARTICIPATION. CLIENT’S INDEMNIFICATION OBLIGATIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL ATTORNEYS’ FEES AND COSTS INCURRED BY ANY OF THE RELEASED PARTIES AND INCLUDES, BUT IS NOT LIMITED TO, FEES AND COSTS INCURRED ON ANY APPEAL.

(d) ASSUMPTION OF RISK. By booking a trip, Client acknowledges that Client is aware the trip involves inherent risks of personal injury and death. These risks include those related to travel to remote areas of the world, personal injury and death related to participation in activities, illness (including infectious diseases), or injury or death related to willful or criminal conduct of third parties or by terrorism in certain locations throughout the world. Client understands that such risks include, but are not limited to: changing weather conditions, motor vehicles accidents or failures, equipment failure, contact with or exposure to allergens and/or substances and food that may trigger allergic reactions, breathing problems, contact with water and exposure to bacteria and other water-born substances or lifeforms, viruses, illnesses, encounters with wildlife animal and insect bites/stings, changing water conditions, variances and extremes of wind, drowning, slippery and/or wet surfaces, injuries from falls, muscle injuries, neck injuries, back injuries, heat and stress related issues, cuts, lacerations, broken bones and death, as well as property damage and loss by theft or otherwise. For trips or activities in foreign countries, Client acknowledges that medical services or facilities may not be readily available or accessible or consistent with standards in the United States.

(e) Health Waiver Relating to COVID-19 and Other Communicable or Infectious Diseases. By purchasing Services from Company, Client agrees, understands and acknowledges the following:

(i) 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.

(ii) 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 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.

8. 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.

9. Miscellaneous

(a) Governing Law. 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.

(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.