TERMS AND CONDITIONS
(As of 5/2018)
A. The undersigned desires to participate in a Travel Sister LLC trip (the “Trip”).
B. In consideration for and as a condition to applying for, and participating in, the Trip, the Undersigned has agreed to all Terms and Conditions and to execute this Release of Liability and Assumption of All Risks (the “Release”).
Terms and Conditions
1. The Terms and Conditions in this document, hereafter referred to as "Agreement," (are between Travel Sister LLC hereafter referred to as "Company," and the named traveler in "Agreement," hereafter referred to as "Traveler."
2. Signature of Agreement by Company and Traveler shall not constitute the creation, conveyance, transference, conference, or otherwise granting of any rights, authority, ownership, or license to Traveler by Company.
3. Traveler Responsibility. Traveler agrees to abide by all applicable domestic and international laws and regulations in the countries of travel and residency, regardless of length of time in said countries. If questioning, apprehension/arrest, detainment, punishment, or incarceration by lawful authorities occurs, Company shall not be responsible or liable, legally, financially or otherwise, for Traveler's actions or release. The Traveler understands that Company, its agents, employees, and contractors, reserve(s) the right to terminate, in the sole discretion of the trip leaders, the Trip for any participant that exhibits behavior inappropriate or distasteful, in violation of local customs or that may affect the safety of themselves or others. If the Traveler is asked to leave the Trip for any reason, any and all costs or expenses of any of any kind or nature whatsoever related to such termination will be the Traveler’s sole responsibility and Company will not refund any monies previously paid to Company for or relating to the Trip to the Traveler.
4 Delays and Losses. The Traveler understands that the Company, its employees, agents or contractors, is/are neither responsible nor liable in any way whatsoever for any delays, delayed or changed departure or arrival, missed carrier connections, lost or delayed baggage, or associated additional costs of hotel, transfers, and meals resulting from said occurrences. The Company is neither responsible nor liable for any loss or damage to your luggage or personal property, nor for any loss, damage, delay, illness, fatality or other injury suffered on or associated with the Trip. Travel, the Trip, baggage and personal effects are at the Traveler’s own risk at all times and Traveler acknowledges, and expressly and voluntarily assumes, such risk.
5. Reservations and Payments. The Traveler must be at least 18 years of age to make a reservation for the Trip. Payment can be made by PayPal, Credit Card (Visa or MasterCard), check, bank transfer or money order.
6. Cancellations & Refunds. Traveler understands that if he or she must cancel his or her reservation for the Trip, Traveler must provide written notification of the cancellation to the Company and the following cancellation fees shall apply:
If notice of cancellation is received by the Company 90+ days prior to the scheduled departure date of the Trip, Traveler will receive a refund of amounts paid to Company, minus a $1,000 non-refundable deposit which will be retained by Company.
If notice of cancellation is received by the Company 0-89 days prior to the scheduled departure date of the Trip, Traveler will not receive a refund of any amounts paid to Company for the Trip.
There are absolutely no exceptions to the deposit, cancellation and refund policies, irrespective of the reason for the cancellation by Traveler. This includes: weather, personal emergencies, medical emergencies or accidental death. Further, there is no refund, adjustment or offset whatsoever for a Traveler who arrives or joins the Trip late or leaves the Trip early for any reason.
In the event a Trip must be cancelled by the Company for any reason, the Company is not responsible for any costs or expenses of any kind incurred by Traveler associated with the canceled Trip, including but not limited to non-refundable airline tickets. If the Company cancels a Trip, Company will refund all amounts paid to Company for the canceled Trip, or, in the alternative, Company shall or credit and apply said monies to another Trip, at the Traveler's election.
Refunds will not be made for failure by Traveler to participate in any scheduled group activities or tours. Similarly, no refund will be made to Traveler for failing to join a tour or activity, nor for accommodation or any services not utilized, nor for a partially completed tour or activity. Company also reserves the right to decline to accept or retain any Traveler as a member of and tour or activity at its sole and absolute discretion.
Company reserves the right to cancel any tour or activity, in which case Company shall not be liable for any such cancellation, irrespective of the reason or cause for the cancellation.
7. Insurance/Travel Documents. Company does not offer and is not responsible in any way for travel, medical or any other insurance of the Traveler needed for the Trip. Company strongly advises Traveler to purchase the necessary travel, medical and other insurance Traveler needs for the Trip. Traveler is responsible for verifying for him or herself all insurance and documentation needs and requirements and for ensuring he or she has all the proper documents for transit or entry into country or countries scheduled on the Trip, including but not limited to passports, visas and immunization records. Traveler understands that all required credentials, visas, permits, insurance, and other travel, medical, and identifying documentation are the sole responsibility and at the sole expense of Traveler. Traveler also understands it is his or her responsibility to arrive in time for travel departure or tour or activity departure or start time. Company assumes no responsibility, liability, or expense of any kind or nature whatsoever for Traveler's inability to travel or participate in the Trip and/or any tour or activity or event on the Trip due to insufficient, inaccurate, or expired travel, medical, and identifying documentation by Traveler, or failure to arrive on time for travel departures or participation in Trip tours, events or activities.
6. Marketing. Company is granted the right to take photographs, record videos, and/or use social media posts of Traveler in conjunction with the Trip and/or travel, tours or activities of the Trip, before, during, and after such travel and activities. Traveler authorizes Company, its employees, contractors, assignees, transferees, agents, and any other third parties working on Company's behalf, to copyright, use, and publish the photographs, videos, and social media posts in print and/or electronically. Company may use videos, photographs, or social media posts of Traveler with or without Traveler's name and for any lawful purposes, including for example, such purposes as publicity, illustration, information, advertising, promotion, fund-raising, and social media/internet content. Traveler expressly releases Company from any reasonable expectation of privacy or confidentiality associated with all such content. Traveler acknowledges that he or she does not expect, and will not receive, financial compensation of any kind or nature whatsoever associated with his or her likeness, the use thereof and/or the taking, publication, or other use of such photographs, videos, and social media posts. Traveler further releases Company, its employees, contractors, assignees, transferees, and any third parties acting on Company's behalf from any liability or claims of any kind or nature whatsoever by Traveler or any representative of Traveler, associated with such content or Company's use of such content.
7. Independent Vendors / Trip Outcomes. Traveler understands that Company offers travel services, tours, events, and activities to Traveler, which are provided by separate and independent vendors. Company does not operate, control, or otherwise provide the services of these vendors. Company does not own or manage any transportation vehicles, hotels, or restaurants or any other supplier thereof. Therefore customer understands and agrees that Company has no affiliation with, control over or association with such independent vendors. Traveler hereby fully releases and discharges Company from any liability of any kind or nature whatsoever for any acts, omissions, failures, delays, defaults, losses, damages, or injury to Traveler or any resulting claims or damages arising as a result of the persons or companies who at the request of provide the Company transport, provide accommodation or similar services or facilities to Traveler as part of the Trip. Further, Company does not and cannot guarantee a certain outcome or a particular result in conjunction with the Tips and/or any travel, tours, activities, or events arranged by Company. While Company will use reasonable professional efforts to provide Traveler a quality experiences through the use of said vendors on the Trip Trip, Company makes no promise, warranty, or guarantee, either express or implied, as to a specific outcome or result, or the expectation, perspective, or experience of Traveler. The Company also reserves the right to amend or vary the itinerary or other services in the tour, event or activity lineup should circumstances warrant that such changes would be in the best interest of Traveler or for any other operational reason in Company's sole and exclusive discretion.
8. Traveler Safety. Traveler understands and expressly agrees that his or her safety is primarily Traveler's own responsibility. Traveler agrees to ensure that he or she knows how to safely participate in activities and agrees to observe any rules and practices that may be employed to minimize the risk of injury. Traveler agrees to stop and seek assistance if they do not believe they can safely continue participation in any tour, event or activity, and to limit his or her own participation in any tour, event or activity to reflect their personal health and fitness level, and to refrain from any and all actions that would pose a hazard to Traveler or others. Traveler understands that, as with any physical activities, he or she must check with their doctor to verify if they are medically able to participate in any scheduled Trip tour, event or activity and to refrain from participation in any part of the Trip which Traveler knows, or has reason to know, he or she is physically or medically unable participate. By signing this form, Traveler acknowledges that they have checked with their doctor and been cleared for any activities that Traveler shall participate in. Traveler agrees that in the case of injury or illness the Company may arrange medical treatment and emergency evacuation service, as the Company deems essential for the participant's safety. Traveler hereby agrees to pay any and all fees, costs and charges associated with such medical treatment or emergency evacuation.
Release of Liability / Assumption of All Risks
1. Voluntary Assumption of Risk. The Traveler hereby acknowledges that he or she is over the age of eighteen years, fully competent, and voluntarily executes this Release. THE TRAVELER HEREBY ASSUMES AND ACCEPTS ANY AND ALL RISKS RELATED TO OR ARISING FROM THE TRIP INCLUDING, WITHOUT LIMITATION, ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, TERRORISM, ILLNESS, NATURAL DISASTER, ACTS OF GOD, INJURY, EMOTIONAL TRAUMA OR DEATH. TRAVELER ALSO ACCEPTS SOLE AND COMPLETE RESPONSIBILITY FOR HIS/HER OWN SAFETY, SECURITY AND WELFARE EN ROUTE TO AND ON THE TRIP.
2. Disclaimer. TRAVEL SISTER LLC MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, IN ANY MANNER, OR OF ANY KIND OR NATURE WHATSOEVER, RELATED TO THE TRIP.
3. Release. THE TRAVELER HEREBY RELEASES, DISCHARGES AND HOLDS HARMLESS TRAVEL SISTER LLC, ITS OWNERS, SUCCESSORS, VOLUNTEERS, REPRESENTATIVES, ASSIGNS, INSURANCE CARRIERS, AGENTS, EMPLOYEES, CONTRACTORS, AND ANY OTHER PARTY IN PRIVITY WITH COMPANY FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OBLIGATIONS, ACTIONS, OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, NOW OR HEREAFTER ARISING, IN ANY MANNER RELATED TO THE TRIP.
The Traveler agrees that THIS Release shall be legally binding upon the Traveler personally, all members of the Traveler’s family, the Traveler’s heirs, successors, assigns, and legal representatives. The Traveler fully assumes all the risk of THE TRIP, travel and associated TOURS, EVENTS AND activities and FURTHER releases the Company from any and all CLAIMS AND liabilities to the maximum extent permitted by law. Traveler agrees to participate in the trip and related TOURS, EVENTS AND activities that are held and sponsored by Company and to release, waive, discharge, and covenant not to sue, and hold HARMLESS Company, its trustees, officers, servants, agents, volunteers and employees from and against any and all liabilities, demands, claims, or injuries, including death, that Traveler may sustain during or in conjunction with the trip or related TOURS, EVENTS AND activities. This total waiver of liability is intended to be a full and complete waiver and release of Company from any liability for any damages or injuries that may occur as a result of the trip or related TOURS, EVENTS OR activities, Traveler UNDERSTANDS, AGREES AND INTENDS TO WAIVE AND RELEASE any rights to legal recourse that TRAVELER may have or obtain against Company or its related parties.
4. Limitation of Liability. In no event will the Company be liable for any damages relating to or arising from the Trip or any tours, events or activities of the Trip, including without limitation actual, incidental, consequential, special, punitive, and/or exemplary damages, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law or equity.
5. Indemnification. The Traveler hereby agrees to indemnify, protect, defend, save and hold harmless the Company from and against any and all liabilities, losses, claims, damages, costs and expenses (including court costs and attorneys’ fees) incurred by the Company, arising from or connected with Traveler’s breach of this Agreement, or any other damage Traveler causes to any other person or entity on the Trip. Traveler agrees to release, indemnify, protect, defend, save and hold harmless the Company, its employees, contractors, assignees, transferees, agents, and any other third parties acting on Company's behalf against any and all expenses, losses, damages, accidents, injuries, claims, or deaths resulting in whole or in part, either directly or indirectly, from any aspect of the Trip, travel and/or Trip tours, events or activities. Traveler further agrees that in no event and under no circumstances shall the Company, its employees, contractors, assignees, transferees, agents, and other third parties acting on the Company's behalf bear aggregate liability under Agreement for any reason in an amount that exceeds the amount of total fees paid by Traveler to Company. Traveler agrees that neither the Company nor any representative shall be liable or under any obligation for any loss, injury or damage to belongings or otherwise in connection with any accommodations, transportation or other services directly or indirectly resulting from any circumstances beyond its/their control including, but not limited to, breakdown in equipment, strikes, theft, delay, hijacking, act or threat of war (whether declared or not), riots, civil strife, terrorist activity, industrial disputes, discharge dispersal, release or escape of pollutants, natural and nuclear disasters, fire, sickness, bad weather, technical or transportation problems, closure of stations or airports, cancellations or changes of schedules by railways, air or bus lines or any other circumstances beyond the Company’s control amounting to force majeure and/or Act of God.
6. Arbitration. In the event a legal dispute should arise in any manner related to the Trip, such dispute shall be resolved as follows: (a) the dispute shall be settled by binding arbitration in Douglas County Colorado; and (b) both (i) the dispute, and (ii) the existence and validity of this arbitration provision, shall be governed by Colorado law.
7. Miscellaneous. The paragraph headings in this Release are for convenience only and shall not be used in the interpretation of nor considered a part of this Release. If any clause or provision of this Release is deemed to be illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the parties that the remainder of this Release shall not be affected but shall remain in full force and effect. No provision of this Release shall be altered, amended, revoked or waived without the written consent of both Traveler and Company.
These Terms and Conditions and the Release constitute the entire agreement and understanding between the parties and supersedes all prior agreements and understandings which are hereby revoked. The provisions of this Release shall be binding upon the parties, and all respective heirs, legal representatives, successors and assigns. There are no other promises, obligations, or terms and conditions, either oral or written, either express or implicated. This Agreement shall be governed by the laws of the state of Colorado in the United States. The contract takes place in Douglas County Colorado. In the event a legal dispute should arise in any manner related to the Trip, such dispute shall be resolved as follows: (a) the dispute shall be settled by binding arbitration in Douglas County Colorado; and (b) both (i) the dispute, and (ii) the existence and validity of this arbitration provision, shall be governed by Colorado law.
By signature below, both parties acknowledge they have read and understand Agreement, and voluntarily and fully agree to all terms and conditions set forth within.
Traveler Name (print): _____________________________________________________________________
Traveler Signature: ____________________________________________________Date: ______________
Failure to fully complete, sign and return this document prior to your trip will result in the cancellation of your Travel Sister trip. Any refund will be determined in accordance with normal cancellation policy.