This document is REQUIRED to be signed and submitted by the primary traveler on the booking/reservation and acknowledges and accepts the terms and conditions for all travelers on the same booking/reservation who have the same permanent address. Travelers who are 18 years and older or travelers who reside at a different permanent address but share the same booking/reservation number are REQUIRED to complete, sign and submit their our LH World Travel Waiver. The LH World Travel waiver is trip specific and needs to be completed, signed and submitted for each trip planned and designed by LH World Travel. Travelers can receive a copy of the signed waiver by contacting LH World Travel in writing.
RELEASE OF LIABILITY: READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Travel and or travel related excursions/activities reserved by LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer organized by LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer, of 6003 Dover House Way, Spring, Texas, 77389 and/or use of the property, facilities and services of LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer, I of sound, body, and mind, for myself and (if applicable) for the members of my family or persons on the same travel reservation/confirmation, for the travel dates and destination agree to:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral or written instructions or directions given by LH World Travel/Audrey Blank, or the employees, representatives or independent agents of LH World Travel/Audrey Blank. I understand it is my responsibility for myself, my family or persons listed on my same travel reservation/confirmation, to ask to be informed by the hotel/resort/cruise line or third-party excursion/activity operators about rules, warnings and potential risks if the rules, warning and risks are not posted or provided.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described Travel and or Travel excursions/activities and I assume full responsibility for personal injury to myself, (if applicable) my family members or persons listed on same travel reservation, and further release and discharge LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer for injury, loss or damage arising out of my or my family's or persons listed on my same travel reservation/confirmation use of or presence upon the facilities reserved by LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer, whether caused by the fault of myself, my family, persons on my same travel reservation/confirmation, Audrey Blank, any affiliated LH World Travel Independent Contractor/Travel Designer or other third parties.
2a. LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer has explained the inherent risks associated with excursions/activities and recommends that I, my family and persons on my same travel reservation/confirmation, review the risks associated with excursions/activities and the policies and regulations associated with the excursion/activity and the company hosting the excursion/activity prior to participating. LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer will not be liable for any injury, death, cost, or fees associated with the excursions/activities.
2b. LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer has provided information and adherent security risks for the location I, my family and persons on my same travel reservation/confirmation are traveling too. LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer has provided alternative locations as options, however, I, my family and persons on my same travel reservation/confirmation understand and accept the risks associated with traveling to the location. Travel advisories can be verified through
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/ .
3. INDEMNIFICATION. I agree to indemnify and defend LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer 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 or persons listed on my same travel reservation/confirmation use of or presence upon the facilities reserved by LH World Travel/Audrey Blank.
4. FEES. I agree to pay for all damages to the facilities reserved by LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer caused by any negligent, reckless, or willful actions by me, my family or persons listed on my same travel reservation/confirmation.
4a. LH World Travel/ Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer is not responsible for any fees caused by travel cancellations and has required that a Pre-travel insurance policy be purchased. Fees include but are NOT limited to, airline schedule changes and or upgrades, made by the airline or the traveler(s), room/resort upgrade fees, and additional excursion/activity fees. LH World Travel/ Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer has provided the information and guidelines for purchasing and using travel insurance. I understand that travel insurance is highly recommended and agree to review the Travel Protection-Pre-Travel policies offered for me, my family and or persons on my same travel reservation/confirmation or research my own travel insurance policies. LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer cannot be held responsible for third party misrepresentation of facilities, activities/excursions, acts of God, including but not limited to, weather, fire, earthquakes, acts of terrorism or violence that interrupt vacations, activities/excursions or events. LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer will collaborate with me, my family and persons listed on my same reservation/confirmation to rectify or redesign any travel experience covered by the recommended travel insurance policy.
4b. LH World Travel/ Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer has offered me, my family and or persons on my same travel reservation the opportunity to purchase a During Travel Policy. LH World Travel or any affiliated LH World Travel Independent Contractor/Travel Designer has provided the information and guidelines for purchasing and using the During Travel insurance policy. I understand that the During Travel Policy is not REQUIRED but LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer has encouraged the Travel protection/insurance policy and if declined, I have confirmed that I have personal insurance that will be utilized if needed during the reserved travel and or excursions/activities. If a Travel protection policy is declined, LH World Travel/ Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer will NOT be liable or held responsible for injury, illness, weather, acts of terrorism or violence that effects or interrupts the travel experience and or excursions/activities.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law. An affiliated LH World Travel Independent Contractor/Travel Designer residing in a state other than Texas, will adhere to the Travel laws for their state and any legal or equitable claim that may arise from participation in the above shall be resolved under that said state law.
6. 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 LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer has offered to refund any fees I have paid to participate in the planned travel if I choose not to sign this Agreement. Refunds will be based on the travel type, hotel policies, and or travel protection purchases. This agreement MUST be signed prior to any travel purchases/ reservation confirmations being applied.
6b. LH World Travel/ Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer will refund any appropriate and allowed designated fees to the form of payment. Processing fees up to $150 will be deducted (if applicable) from the refunded amount.
7. 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.
8. 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.
9. 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.
10. CREDIT CARD AUTHORIZATION. I authorize LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer, to charge the amount(s) listed in the travel planning quote which will be provided by and discussed with myself by LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer. I agree to sign and submit a credit card authorization form. I hereby authorize LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer to charge the indicated credit card for the travel services stated on the credit card authorization form as discussed and I guarantee and warrant that I am the legal cardholder for this credit card.
10a. PAYMENTS (DEPOSITS AND FINAL PAYMENTS). I agree to pay all deposits as required to reserve the planned travel as well as make the final payment by the final payment due date. I understand that if I do not provide payment authorization and credit card information to LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer the reservation could be canceled and the deposit could be forfeited if payment due dates are not adhered to. LH World Travel/Audrey Blank or any affiliated LH World Travel Independent Contractor/Travel Designer will not be held responsible if payments are not submitted by the payment due date.
11. CITIZENSHIP/IDENTIFICATION. I agree to provide all citizenship/identity documents required to travel to the destination listed above. I understand it is my responsibility for myself, my family or persons listed on my same travel reservation/confirmation, to verify that my travel documents and identification is up to date and kept securely while traveling. I understand that I am aware of the rules and regulations set by the destination and will adhere to the rules and regulations of the Customs and Immigration offices for the destination in which I am traveling.
