By signing below, I am stating that I have read the below Global Illness Policy, Terms and Conditions, Other Policies and I authorize Laugh Travel & Live to charge the credit card provided herein.
TRAVEL PURCHASE AUTHORIZATION For Laugh Travel & Live LLC. WE are pleased to confirm the following travel arrangements. To complete your transaction and confirm your arrangements, your signature on this authorization is required. This form is NOT required for electronic purchases you complete yourself on our website, Laugh Travel & Live LLC, or its affiliates. Charges are payable ONLY to Laugh Travel & Live LLC or the hotel, resort, tour operator, cruise line or other travel supplier. Independent Travel Agents may not accept and process charges through any other account, or accept checks, cash or other forms of payment.
TRAVEL INSURANCE WAIVER
(Click Here To Get Travel Insurance Waiver)
For your protection, Travel Insurance is strongly recommended and available upon request from Laugh Travel & Live LLC. You can enroll online for travel protection for Medical Expenses, Baggage Delays/Loss, Trip Delay or Cancellation, and other coverage, or your Laugh Travel & Live LLC Independent Travel Agent can arrange coverage for you. For an online insurance quote and purchase, go to www.LaughTravelLive.com
Global Policy On Illnesses
The following policies and procedures are applicable with response to global diseases/pandemics, natural disasters, border closings/quarantines, acts of God, and acts of war/terrorism, emergent situations, civil unrest or turmoil in the country (hereinafter “Global Events”), or any other reason and travel policies as applicable to all Laugh Travel & Live LLC trips. By way of background, in recent years, there have been an onslaught of global illnesses that have had some level of contagion that have affected travel. In recent months especially, the prevalence of COVID-19 (commonly referred to as the “coronavirus”) has had in impact on the travel industry including flight cancellations, trip cancellations, and more. This policy shall be applicable to any trip that is cancelled for any reason, either relating to a Global Event, or for any other reason. By booking this trip, you are agreeing to the following:
1. These provisions apply to COVID-19 or any other communicable disease that may arise or currently exists now or in the future, or for any reason listed above and below, or for any reason, even if unstated, in the sole discretion of Laugh Travel & Live LLC.
2. Laugh Travel & Live LLC has and reserves the right to cancel or terminate any trip at any time, in its sole discretion and at its sole determination. Laugh Travel & Live LLC shall be able to cancel any trip for any reason or sole discretion, including, but not limited to: global pandemics/diseases, natural disasters, border closings/quarantines, acts of God, acts of war/terrorism, civil unrest or turmoil in the country or reason.
3. In the event that any trip is cancelled by Laugh Travel & Live LLC for any reason, Laugh Travel & Live LLC will not issue refunds of any payments made for any reason. Attendees will only be entitled to credit for future trips. If an Attendee elects not to attend a trip for any reason other than Laugh Travel & Live LLC cancelling the trip, the payment rules and provisions as stated in other sections of this Policy will prevail.
4. If any trip is cancelled, Laugh Travel & Live LLC will solely provide email notification to attendees. Attendees are responsible for ensuring that they are checking their email and receiving emails from Laugh Travel & Live LLC. Laugh Travel & Live LLC is not obligated to give any other form of notice of trip cancellation. We will keep you updated timely and if there is no notification as to cancellation you can proceed as planned.
5. Attendee understands and acknowledges that international travel is an ever- changing situation and Laugh Travel & Live LLC will do its best to keep attendees reasonably informed of any changes that may affect the trip, for any of the reasons detailed above.
6. Attendees are required and responsible for obtaining adequate travel insurance to cover the trip. Laugh Travel & Live LLC recommends that attendees acquire “cancel for any reason” insurance to better ensure Laugh Travel & Live LLC Policy on COVID-19 and Other Global Illnesses coverage in the event of a global “pandemic” or other level spread of illness or any other Global Event. Laugh Travel & Live LLC will not be responsible for:
A. The cost of any travel insurance that Attendee procures;
B. The cost of any expenditures that Attendee incurs relating to any cancelled trip; or
C. Any costs that are denied coverage by travel insurance, either through claims or otherwise.
D. For the avoidance of doubt, by way of example, if Attendee’s travel insurance will not cover a flight for a cancelled trip, Laugh Travel & Live LLC bears no responsibility for covering or reimbursing Attendee for such expenditure.
E. Please also note that Laugh Travel & Live LLC cannot delay payments or hold spots while Attendees wait to learn about travel insurance claims.
7.Laugh Travel & Live LLC will closely monitor and will likely cancel any affected trip if the travel advisory for the country in which any portion of the trip occurs reaches a “Level 3” travel advisory. Laugh Travel & Live LLC has the right to cancel any trip even if it doesn’t involve a travel advisory of Level 3, as well. Assessments regarding trips will be made on a case-by-case basis at Laugh Travel & Live LLC’s sole discretion.
8. Laugh Travel & Live LLC will do its best to let attendees know if a trip is cancelled at least three (3) months prior to the trip. However, this time-frame cannot be guaranteed and is not always feasible due to of the ever-changing nature of such travel advisories and Global Events, especially with respect to global pandemics/diseases.
9. If Laugh Travel & Live LLC offers attendees the option to cancel or change a trip, there will be a very specific and stated timetable or window for such attendee-determined cancellations. Any Attendee cancellations outside of that stated period will result in the payments made being nonrefundable and non-transferable. The option to change dates of a trip will be at Laugh Travel & Live LLC sole discretion.
10. If an Attendee opts to cancel outside of or beyond Laugh Travel & Live LLC cancelling a trip, then standard rules regarding refunds and the nonrefundable nature of payments applies.
11. For trips that are proceeding and are not cancelled, Laugh Travel & Live LLC has the right to make changes to the itineraries and lodging, at its sole discretion.
12. While Laugh Travel & Live LLC realizes that airline pricing fluctuates and can change instantaneously, Laugh Travel & Live LLC advises that it may be prudent, with the nature of COVID-19 and other diseases, and Global Events, that Attendees may not want to obtain plane tickets extremely early with respect to the trip and may not want to book more than three (3) months prior to a trip, bearing in mind the fact that prices fluctuate. Ultimately, Attendee is responsible for her own airfare, and Laugh Travel & Live LLC bears no responsibility for lost airfare or price increases or decreases in airfare, or lack of availability, even if a trip is cancelled for reasons outside the aforementioned reasons. Laugh Travel & Live LLC Policy on COVID-19 and Other Global Illnesses
13. Laugh Travel & Live LLC is not responsible for the following for any reason, regardless of trip cancellation or continuation: A. Airfare purchased for the trip, whether the trip continues as scheduled, is modified or changed, is postponed, or is cancelled; B. Any costs associated with change fees for plane tickets; C. Any costs associated with quarantine orders, including but not limited to the following: i. If Attendee is quarantined overseas and unable to return to the country of origin or residence, for any period of time; ii. If Attendee is quarantined upon arrival back at the country of origin or residence, for any period of time; iii. If Attendee is required to “self quarantine” or “self isolate” upon return to her country of origin or residence; or iv. Any costs associated with any such order whether they be direct or consequential (hotel costs, change fees, lodging, etc.) or incidental (loss in ages/employment, additional costs associated with quarantine, etc.).
14. If Laugh Travel & Live LLC elects to cancel a trip for any reason, the following will occur:
A. Attendee will be notified promptly of the intent to cancel the trip.
B. No payments that have been made will be refundable. Laugh Travel & Live LLC will issue a credit to be used on a future trip.
C. Laugh Travel & Live LLC will provide Attendee with the amount of credit that will be afforded Attendee to be used on another trip.
D. Any credit issued will only be for payments made to Laugh Travel & Live LLC. It will not include payments made to any third party by Attendee.
E. Any credit used can only be applied to one (1) future Laugh Travel & Live LLC trip with a value of at least 75% of the initial trip cost. Trip credit must be used within 365 days of cancelled trip end date. Example: if the cancelled trip dates were June 1 - 6, 2021; the credit would be avoid from the date of Laugh Travel & Live LLC cancellation until June 6, 2022.
F. The usage of such credit will be applied to a trip with a departure date within 365 days of the cancelled trip return date. This means that the trip must be traveled or commenced by June 6, 2022 per the example provided above (E), not that the deposit has been paid for a trip by June 2022.
G. Trip credits will not be extended if the Attendee fails to use the credit or if the Attendee fails to book an available trip during the next calendar year.
H. No additional spots will be added to accommodate an Attendee who fails to book an open trip during the next calendar year.
I. Attendee will still be required to book any subsequent trip as usual by paying the deposit to secure a spot on the trip. The Attendee can then notify Laugh Travel & Live LLC of her intent to use the credit to be applied to that trip, and any remaining cost overage for the new trip will be split into equal monthly payments or Attendee can pay the difference in one payment immediately upon notification of the excess amount. Laugh Travel & Live LLC Policy on COVID-19 and Other Global Illnesses
J. Attendee will be allowed to make one transfer, and will not be permitted to transfer to a different trip and make additional transfers.
K. Should the amount of the credit be in excess of the new trip price, Laugh Travel & Live LLC will issue a refund for the balance amount to the credit card Attendee made the last trip payment with. All overage refunds will take up to 14 business days to process from the time that Attendee notifies Laugh Travel & Live LLC that it intends to use credit on a particular trip and Laugh Travel & Live LLC sends a confirmation of the booking and any overage amount.
15. If Attendee files a dispute for reimbursement of payment for a trip that Laugh Travel & Live LLC cancels or that Attendee no longer wishes to attend, all credits shall be forfeited, regardless of whether Attendee prevails in the dispute or not.
Terms and Conditions (continue reading below)
We are Laugh Travel & Live and are excited to help you with your travel. The following terms & conditions (the "Agreement") describe what you can expect from us. The terms "we", "us", and "our" refer to Laugh Travel & Live and the term "you" refers to the individual who signs this agreement.The term "Traveler(s)" refers to the individual who signs this agreement.
Terms and Conditions, (Travel Disclaimer and Insurance Waiver, Photo/Media Release, Release of Liability)
Agreement between User and www.LaughTravelLive.com
Welcome to www.LaughTravelLive.com. The www.LaughTravelLive.com website (the "Site") is comprised of various web pages operated by Laugh Travel & Live. www.LaughTravelLive.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.LaughTravelLive.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.LaughTravelLive.com is an E-Commerce Site.
Laugh Travel & Live is a travel company that builds trips tailored to children's needs.
Visiting www.LaughTravelLive.com or sending emails to Laugh Travel & Live constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Laugh Travel & Live is not responsible for third party access to your account that results from theft or misappropriation of your account. Laugh Travel & Live and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Laugh Travel & Live collects personally identifiable information from children under the age of thirteen. Laugh Travel & Live collects this information for the following reason(s):
For the sole purpose of booking travel.
For the purpose of catering to each families traveling needs.
We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.LaughTravelLive.com only with permission of a parent or guardian.
Non-Group Trip Cancellation/Refund Policy
Cancellation-Refund policy: Subject To Suppliers Cancellation/Refund policy
Group Trip Cancellation/Refund Policy
- All Payments made to Laugh Travel & Live can be cancelled or refunded within 2 days of registering for the group trip.
-After these 2 days have passed, all payments made to Laugh Travel & Live will be nontransferable and nonrefundable.
-Refund window is 2 days(48 hours) after your initial trip registration date.
-Travel insurance that covers nonrefundable/nontransferable policies such as this are available
- In the event that a trip has to be rescheduled do to COVID restrictions the same terms will apply to the rescheduled or future trip.
Links to Third Party Sites/Third Party Services
www.LaughTravelLive.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Laugh Travel & Live and Laugh Travel & Live is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Laugh Travel & Live is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Laugh Travel & Live of the site or any association with its operators.
Certain services made available via www.LaughTravelLive.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.LaughTravelLive.com domain, you hereby acknowledge and consent that Laugh Travel & Live may share such information and data with any third party with whom Laugh Travel & Live has a contractual relationship to provide the requested product, service or functionality on behalf of www.LaughTravelLive.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
condition of your use of the Site, you warrant to Laugh Travel & Live that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Laugh Travel & Live or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Laugh Travel & Live content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Laugh Travel & Live and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Laugh Travel & Live or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Laugh Travel & Live account to third party accounts. By connecting your Laugh Travel & Live account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Laugh Travel & Live from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Laugh Travel & Live Content accessed through www.LaughTravelLive.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Laugh Travel & Live, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Laugh Travel & Live reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Laugh Travel & Live in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Laugh Travel & Live agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LAUGH TRAVEL & LIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LAUGH TRAVEL & LIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LAUGH TRAVEL & LIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Laugh Travel & Live reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Laugh Travel & Live as a result of this agreement or use of the Site. Laugh Travel & Live's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Laugh Travel & Live's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Laugh Travel & Live with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Laugh Travel & Live with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Laugh Travel & Live with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Laugh Travel & Live reserves the right, in its sole discretion, to change the Terms under which www.LaughTravelLive.com is offered. The most current version of the Terms will supersede all previous versions. Laugh Travel & Live encourages you to periodically review the Terms to stay informed of our updates.
Laugh Travel & Live welcomes your questions or comments regarding the Terms:
Laugh Travel & Live ,Florida
Effective as of May 11, 2020
PHOTO RELEASE FORM
I, Traveler of Laugh Travel & Live (the “Releasor”) grant permission and consent to Laugh Travel & Live (the “Releasee”) for the use of the following photograph(s) as identified below for presentation under any legal condition, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content:
Description: Right to take photos of myself and or my child, use video recordings and or social media to post Travelers in conjunction with activities, travels, transportation or events that are hosted by Laugh Travel & Live. The traveler authorizes Laugh Travel & Live and any employees, agents or third party affiliates to use ,copyright and publish these social media posts, videos, photos of Traveler(s) electronically or in print with or without the use of Traveler(s) name for lawful purposes such as publicity, advertising, illustration, promotion, internet content, social media and fund raising
I understand that there shall be no payment for this release.
I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use.
I understand that with my authorization below the photograph(s) may never be revoked.
We, the Releasor and Releasee, understand and agree to the aforementioned terms and conditions.
MEDIA RELEASE FORM
I, Traveler of Laugh Travel & Live, grant permission to Traveler of Laugh Travel & Live to use my image (photographs and/or video) for the following:
Other: Use Photos, video recordings and or social media to post Travelers in conjunction with activities, travels, transportation or events that are hosted by Laugh Travel & Live. The traveler authorizes Laugh Travel & Live and any employees, agents or third party affiliates to use ,copyright and publish these social media posts, videos, photos of Traveler(s) electronically or in print with or without the use of Traveler(s) name for lawful purposes such as publicity, advertising, illustration, promotion, internet content, social
I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.
RELEASE OF LIABILITY
In exchange for participation in the activity of traveling services, activities, transportation and events which may be provided by separate vendors and is organized by Laugh Travel & Live, of Florida, and/or use of the property, facilities and services of Laugh Travel & Live, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Laugh Travel & Live, or the employees, representatives or agents of Laugh Travel & Live.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Laugh Travel & Live for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Laugh Travel & Live, whether caused by the fault of myself, my family, Laugh Travel & Live or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Laugh Travel & Live against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Laugh Travel & Live.
4. FEES. I agree to pay for all damages to the facilities of Laugh Travel & Live caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. I, Traveler of Laugh Travel & Live, consent to the participation of my Traveler, Traveler, in the activity of traveling services, activities, transportation and events which may be provided by separate vendors and is, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of Traveler.
6. MEDICAL AUTHORIZATION. In the event of an injury to myself or a listed minor during the above described activities, I give my permission to Laugh Travel & Live or to the employees, representatives or agents of Laugh Travel & Live to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on date of trip departure and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. Laugh Travel & Live shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of me or my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Laugh Travel & Live has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any
outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
Travels Disclaimer and Insurance Waiver
I understand that Laugh Travel & Live and Racquel Nicholson are not the source or supplier of the travel services I have requested, and acts solely as an agent for the actual suppliers of such services. I have been advised that the suppliers whose names appear in the information supplied to me are those who are actually responsible for providing the travel services I have purchased. I consent to and request the use of those suppliers and agree not to hold Laugh Travel & Live or Racquel Nicholson responsible should any of these suppliers: 1) fail to provide the travel services I have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience.
I accept that Laugh Travel & Live and Racquel Nicholson are not responsible for, nor will I attempt to hold either of them liable for any injury, damage or loss I may suffer on the account of any conditions, actions or omissions that are beyond reasonable control. I agree that this disclaimer includes the entire traveling party and that in the event of any disputes; they may only be litigated in the state of Florida,Pasco County, with a maximum penalty not to exceed the total earned by Laugh Travel & Live or Racquel Nicholson in the original transaction.
I will review my travel documents for accuracy upon receipt and understand that I may contact Laugh Travel & Live if I have any questions. I understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money. Conversely, cancellation of any aspect of my travel arrangements may result in financial penalties, in accordance with the supplier’s cancellation policies.
I have been advised to use a form of payment other than cash or check that may offer me the opportunity to dispute the charge should a vendor cease operating, and I have been advised that most Airlines are currently operating under Chapter 11 bankruptcy protection.
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth and gender for the purpose of security screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth and gender may result in denial of transport or denial of authority to enter the boarding area. The TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on the TSA's privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA website at www.tsa.gov.
I understand that the Transportation Security Administration requires me to carry a government issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on my identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight.
Mommy ane Wee Travels is not responsible for the issuance of travel identification such as passports and/or visas and travelers should ensure they have or have been approved for the appropriate documents before purchasing travel.
I understand that if traveling internationally, I must have a valid passport and depending upon my destination and nationality, I may need to obtain one or more visas.
NOTE TO CLIENT: Passport and visa information may be obtained by contacting the Travel Advisory Section of the US State Department at 202.647.5225 or by visiting the State Department’s website at travel.state.gov. Non-US passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC’s website at www.cdc.gov.
I understand that the airline tickets, air tours or other products I am purchasing 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. I acknowledge that I may be charged additional sums by Laugh Travel & Live to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize Laugh Travel & Live to charge payment for such additional amounts after I have been notified of pricing change.
In some locations, your aircraft may be subject to insecticide spraying prior to the flight or while you are on the aircraft, you are strongly encouraged to always check the list of countries that require airlines to treat the passenger cabin with insecticides http://alturl.com/3rtty as this list is updated regularly.
I understand travel insurance has been offered to me for purchase to cover certain risks inherent in travel such as supplier bankruptcy, trip interruption and/or the inability to travel due to a medical or personal emergency. If I choose not to purchase travel insurance or if I purchase travel insurance on my own (not through Laugh Travel & Live), I understand that Laugh Travel & Live requires that I confirm or decline insurance in writing.
This is to confirm that, in keeping with all applicable laws, I am instructing the above agent to purchase travel and/or travel insurance against the form of payment verbally instructed.
I further understand that I have authorized this transaction and will hold Racquel Nicholson and Laugh Travel & Live harmless with respect to these instructions. It is understood that the above agency may request government issued photo identification and may verify the billing address of the card.
This INDEMNITY AGREEMENT (this "Agreement") is made effective on May 11, 2020 by and between the Laugh Travel & Live (hereinafter, "Laugh Travel & Live"), of Florida and Traveler of Laugh Travel & Live Trips (hereinafter, "Traveler of Laugh Travel & Live Trips"), of Laugh Travel & Live and Traveler of Laugh Travel & Live Trips are sometimes individually referred to as "Party" and collectively referred to as the "Parties."'
WHEREAS, Traveler of Laugh Travel & Live will be performing the following services for Traveler of Laugh Travel & Live: Travel, activities, events, transportation; and
WHEREAS, in exchange for valuable consideration, Traveler of Laugh Travel & Live Trips desires to indemnify Laugh Travel & Live from any claims and/or litigation arising out of Traveler of Laugh Travel & Live Trip's performance of the work of providing these services.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, Laugh Travel & Live and Traveler of Laugh Travel & Live Trips hereby agree as follows:
1. Indemnification. Traveler of Laugh Travel & Live Trips shall fully defend, indemnify, and hold harmless Laugh Travel & Live from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever ( including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of Traveler of Laugh Travel & Live Trips, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers . This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to Laugh Travel & Live for all legal fees, expenses, and costs incurred by it.
2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.
3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Florida law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Florida law.
8. Applicable Law. This Agreement shall be governed exclusively by the laws of Florida, without regard to conflict of law provisions.
9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Florida. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
10. Signatures. This Agreement shall be signed on behalf of Laugh Travel & Live by Racquel Nicholson, Ms., and on behalf of Traveler of Laugh Travel & Live Trips by Traveler of Laugh Travel & Live Trips, and effective as of the date first written above.
Laugh Travel & Live
By: Racquel Nicholson
Traveler of Laugh Travel & Live Trips
By: Traveler of Laugh Travel & Live Trips
Traveler of Laugh Travel & Live Trips