Terms and Conditions
SAFE TRAVELS FOR ALL, LLC SERVICE AGREEMENT
This Services Agreement (“Agreement”) is entered on ______________________, between Safe Travels for All, LLC, a Michigan limited liability company, whose resident agent address is 6821 Walden Park Lane, Richland, Michigan, 49083 (“Safe Travels”), and ____________________________, whose address is ________________________________ (“Customer”).
RECITALS
A. Customer engages Safe Travels, and Safe Travels desires to be so engaged, for the services described in this Agreement.
B. Safe Travels is a business that provides Customer with travel management and other travel agency service (“Services”).
C. Therefore, in consideration of mutual covenants, terms, and conditions contained herein, and other good and valuable consideration Safe Travels and Customer further agree as follows:
TERMS AND CONDITIONS
1. Scope of Work. Safe Travels agrees to provide the labor, equipment, and materials necessary to perform the Services described in this Agreement. Safe Travels primary service is connecting Customer to tour guides and tour agencies.
2. Payment, Cancellations, and Refunds. To utilize Safe Travels Services, a $500 deposit per person deposit is required. Final payment is due no later than 60 days prior to departure. Payments must be made by credit card, check, or direct deposit. Customer’s reservation may be canceled if full payment has not been received by 60 days prior to departure. For reservations made within 60 days of the departure date, full payment is required when the reservation is accepted. All cancellation notices must be received in writing and will become effective as of the date of the postmark. If Customer cancels 60 days or more prior to departure, the deposit is considered transferable and will be held and can be used toward any new booking as long as you rebook within 12 months of the cancellation date of your original trip (less any nonrefundable permit, park, or hotel fees). Per-person charges for cancellations that occur less than 60 days prior to departure (“Cancellation Penalty Period”) are 100% of the tour cost. This policy also applies to pre-tour and post-tour extensions. Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of tour, are subject to this cancellation policy. Any airline tickets issued are subject to the carrier’s refund policy. Arriving late or leaving a tour in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a tour.
Safe Travels reserves the right to cancel any tour because of inadequate enrollment that makes the tour economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the Customer. If an tour is canceled prior to departure, the tour operator will provide Customer with a full refund of monies paid to the tour operator; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the tour as planned, in which case the tour operator will provide participants with a refund and/or credit toward a future Safe Travels Tour equivalent to monies paid to the tour operator. If Safe Travels cancel the tour in progress, participants will receive a prorated refund based on the number of days not completed on the tour. Except as outlined above when Safe Travels or its affiliate cancel a tour, Safe Travels and its designated tour operator has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled tour or for any additional arrangements should participants embark prior to the scheduled group departure date.
Neither Safe Travels, nor its designated tour operator, shall be liable for any air carrier's cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant's departure city. Baggage and personal effects are at all times the sole responsibility of the Customer.
Neither Safe Travels, nor its designated tour operator, shall be liable for any or all acts or omissions of suppliers, the general risks of travel, foreign and domestic government regulations and acts of God including but not limited to public health emergencies, known or unknown, at the time this Agreement’s execution and/or travel.
FOR THE LATEST TRAVEL HEALTH INFORMATION, CUSTOMER IS HIGHLY ENCOURAGED TO REVIEW THE STATE DEPARTMENT'S WEBSITE AT TRAVEL.STATE.GOV AND THE CDC'S INFORMATION AT WWW.CDC.GOV/TRAVEL PRIOR TO THEIR TRAVEL DATES.
3. Customer Responsibilities. By registering for a Safe Travels Tour, the Customer certifies that they do not have any mental, physical, or other condition or disability that would create a hazard for them or other Customers. Safe Travels and its affiliate tour operators reserve the right in their sole discretion to accept, decline to accept, or remove any participant on a Safe Travels Tour. Safe Travels and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of Customers. Customer must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. Safe Travels encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain tours may require that the participant obtain medical consent prior to departure as a condition of participation
Anyone under eighteen (18) years old must have the approval of a parent or guardian prior to departure and must be accompanied by a parent or guardian for the entire tour. 4.
Third party liability. Safe Travels, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, assigns and its designated tour operator shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Safe Travels and/or its designated tour operator for any such loss, damage, injury, or death.
5. Non-Disclosure; Proprietary Information. Customer acknowledges that this Agreement, and the relationship or actions between Safe Travels and Customer as a result of this Agreement, may allow Customer, or Customer’s agents or representatives, to obtain knowledge of certain confidential or proprietary information owned exclusively by Safe Travels that is unavailable to the public, including but not limited to, inventions, ideas, discoveries, designs, trade secrets and other confidential intellectual property, hardware, methods, applications, processes, technology, know-how, specifications, drawings, source codes, techniques, samples, or materials, including modifications, improvements, or extensions thereof (“Proprietary Information”). Customer agrees that it, and its agents or representatives, will keep any such Proprietary Information strictly confidential and that such Proprietary Information will remain owned exclusively by Safe Travels unless stated otherwise in writing, signed by both parties. Customer further agrees that it, and its agents or representatives, will not disclose any such Proprietary Information to any third party unassociated with the parties to this Agreement, and will not use any such Proprietary Information for Customer’s, or its agents or representative’s, own benefit without the express written consent from Safe Travels. Upon Safe Travels’s request, Customer, and its agents or representatives, must immediately return to Safe Travels all Proprietary Information or confidential information.
6. Notices. All notices given or made in connection with this Agreement shall be deemed complete and legally sufficient if sent electronically (including, but not limited to, Email), mailed by ordinary First-Class Mail, or delivered personally to the party at the following addresses:
Safe Travels: Customer:
Safe Travels for All, LLC As listed below
6821 Walden Park Lane
Richland, MI 49083
With copy to:
Keilen Law, PLC
141 E. Michigan Avenue,
Suite 602
Kalamazoo, MI 49007
7. Assignment. This Agreement may be assigned, in whole or in part, by Safe Travels; however, Customer may not assign this Agreement without Safe Travels’ prior written consent.
8. Binding effect. This Agreement shall bind and benefit the parties, and their successors, heirs, and representatives.
9. Severability. If any term, covenant, or condition of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in effect; each term, covenant, and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
10. Jurisdiction and venue. This Agreement shall be governed and controlled by the laws of the State of Michigan. Any disputes arising out of or relating to this Agreement, including the interpretation and performance of this Agreement, shall be conducted exclusively in the state courts located in Kalamazoo County, Michigan, or in the United States District Court for the Western District of Michigan. The parties consent to such jurisdiction and venue.
11. Integration. This Agreement contains the entire agreement of the parties concerning the Services performed at the Property. No oral or written communication or negotiations that occurred before the execution of this Contract will be considered to be part of this agreement. This Agreement may be modified only by a written document signed by both the parties or by a written Modification order pursuant to this Agreement, which is to have the same force and effect as though fully set forth in this Agreement.
12. Safe Travels’ Marketing. Customer agrees to allow Safe Travels to take photographs and/or use photographs posted on public social media platforms of Customer’s tour for Safe Travels’ marketing or advertising purposes. Safe Travels agrees that it will exercise good faith in using such photographs and that it will not include any names, addresses, or other identifying information of Customer in such marketing or advertising.
13. Effective date. This Agreement has been signed and shall be effective as of the date first set forth above. [SIGNATURES TO FOLLOW]
ACCEPTED AND AGREED:
CUSTOMER(S):
______________________________ Date:_________________
By:
Its:
Address:_______________________________________
City/State/Zip:__________________________________
Phone: ________________________________________
Email: ________________________________________
SAFE TRAVELS FOR ALL, LLC
______________________________ Date:_________________
By: Paula Park
Its: Member