TRAVEL EVENT TERMS AND CONDITIONS
THE TRAVEL ADVISOR MARCIE LLC

BOOKING, SCOPE OF SERVICES, RESPONSIBILITIES OF THE PARTIES

PLEASE BE ADVISED THAT IN THE EVENT ANY CHANGES ARE MADE TO THE RESERVATION, INCLUDING, WITHOUT LIMITATION, CHANGES IN TRAVEL DATES, UPDATED TERMS AND CONDITIONS MAY APPLY TO THE MODIFIED RESERVATION. PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, CLASS-ACTION WAIVER, AND AGREEMENT TO BINDING ARBITRATION, AND LIMITING YOUR RIGHT TO FILE A LAWSUIT OR BRING FORTH A CLASS ACTION. 

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT MANIFEST YOUR ASSENT TO PURCHASING THE AGENT’S SERVICES BY CLICKING “PURCHASE,” “CONFIRM,” SIGNING THIS AGREEMENT OR OTHER SIMILAR LINKS. OTHERWISE, YOU SHALL BE BOUND THEREBY.

PARTIES: This is a legally binding agreement between the Agent, THE TRAVEL ADVISOR MARCIE LLC, a Florida Limited Liability Company hereinafter (“TAM”) and the Traveler/Participant. 
COMMUNICATION CONTACT INFORMATION: Any concerns or requests regarding your travel package must be submitted in writing to TAM, which may be contacted as follows: 
Website Address: www.thetraveladvisormarcie.com (the "Website") 
Email: marciemuensterman@gmail.com (the "Business Email") 
Telephone 317-362-2685 (the “Business Telephone”)
DISCLOSURE - WEBSITE: Information provided on the Website is for informational purposes only and does not constitute an endorsement of or engagement by the Traveler/Participant in the employment of the Agent’s products or services. Information on the Website is subject to change without notice.
UNACCEPTABLE BEHAVIORS AND ACTIVITIES RESULTING IN IMMEDIATE AND NON-REFUNDABLE CANCELLATION AT OPTION OF THE AGENT: 
Discrimination, Sexual Harassment, and Bullying: Federal law and state law, prohibit Agents from discriminating against Travelers/Participants on the basis of protected characteristics, including, but not limited to: sex, sexual orientation or preference, gender, gender identity, race, color, religion, national origin, creed, citizenship status, ancestry, age, marital status, pregnancy, childbirth or related medical conditions, medical conditions including genetic characteristics, mental or physical disability, and military or veteran status. The Agent supports a Zero Tolerance Policy for any form of discrimination, including sexual harassment and bullying. Zero Tolerance means that every claim of harassment or discrimination is taken seriously, with a goal to deter and eliminate undesirable conduct. A Zero Tolerance Policy imposes automatic punishment for violations of the Agent’s Non-Discrimination Policy. This will be in effect regardless of any individual culpability. Anyone who violates this policy of zero tolerance is subject to appropriate disciplinary action, up to and including immediate termination of the Service Agreement or dismissal as a Traveler/Participant who engages in Discrimination, Sexual Harassment, and/or Bullying of other travelers, employees or contractors of the Agent, employees or contractors of transportation services, hotels and other overnight accommodations, excursions, events, and the like. Parties who engage in these behaviors hereby irrevocably waive any right to a refund for payments tendered.
Drunkenness/Disorderly Conduct: The Agent supports a Zero Tolerance Policy for any form of Drunkenness/Disorderly Conduct that affects the peaceable enjoyment of travel, excursion, overnight accommodations, and the like of any other travelers, of the employees or contractors of the Agent, and of the employees or contractors of transportation services, hotels and other overnight accommodations, excursions, events, and the like. Zero Tolerance means that every claim of Drunkenness/Disorderly Conduct (including threats or actual physical violence) is taken seriously, with a goal to deter and eliminate undesirable conduct. A Zero Tolerance Policy imposes automatic punishment for violations of the Agent’s Non-Drunkenness/Disorderly Conduct Policy. This will be in effect regardless of any individual culpability. Anyone who violates this policy of zero tolerance is subject to appropriate disciplinary action, up to and including immediate termination of the Service Agreement or dismissal as a Traveler/Participant who engages in Drunkenness/Disorderly Conduct which negatively impacts other travelers, employees or contractors of the Agent, employees or contractors of transportation services, hotels and other overnight accommodations, excursions, events, and the like. Parties who engage in these behaviors hereby irrevocably waive any right to a refund for payments tendered.
Controlled Substances: The consumption of alcoholic beverages and other controlled substances is subject to country-by-country and state specific regulations. A Traveler/Participant shall not provide alcoholic beverages and/or other controlled substances to persons who are legally under age for such substances in said jurisdiction. A Traveler/Participant who is of legal age to consume alcoholic beverages and other legal controlled substances does so assuming all risk of injury, including death. A Traveler/Participant who consumes alcoholic beverages or other illegal controlled substances which are not authorized for public consumption in a country or location does so assuming all risk of injury, including death and assumes all risks of the legal repercussions of engaging in illegal activities, including but not limited to incarceration. The Traveler/Participant hereby waives any and all claims against the Agent, its agents, employees, independent contractors, successors, and assigns, for their voluntary consumption of alcoholic beverages and other controlled substances in any location.
COSTS: QUOTED FEES AND COSTS ARE SUBJECT TO CHANGE UNTIL REQUIRED PAYMENTS ARE RECEIVED BY TAM. 
Effective for arrivals through (____________________ date). 
Prices. All prices are in U.S. dollars and are subject to change until the package is paid in full. After the package is paid in full, the package price is subject to change due to imposition of taxes or other governmental requirements. Prices are also subject to change due to modifications to the package or to package components. Everyone on the reservation must purchase the same ticket options. Additional adult charges may apply for more than two adults per room. Package prices are all-inclusive and cannot be broken down into individual component pricing.
Costs not included in the package price: parking (self and valet), incidentals (e.g., room service, movies, games, honor bar), gratuities, laundry, long distance telephone calls, child care, activities, beverages, meals, sundries, sightseeing or any other items or services not specifically included as a component or feature of the package.
PAYMENT: QUOTED FEES AND COSTS ARE SUBJECT TO CHANGE UNTIL REQUIRED PAYMENTS ARE RECEIVED BY TAM. At the time of booking the Traveler/Participant agrees to pay a deposit in the following amount: $_______________(___________________________ US dollars) ("Deposit") per person. The Deposit shall be paid on or before the following date: _________________________ or until ________________________________________ (specific contingency event for group events), whichever comes first. The Deposit of $_________ is nonrefundable. When a Traveler/Participant voluntarily cancels placement, they agree that they will not be entitled to any refund of the Deposit.
Deadline for Total Fees: the full balance of the Vacation/Package must be paid to TAM on or before __________________, 12:00pm E.T.
In the event that the Total Fees are not received by TAM by the above listed date, your spot may be canceled without prior notice, and the Traveler/Participant agrees to be subject to the Cancellation Policies and Procedures. For reservations that include a travel protection plan, the total price of the plan is also due at the time the plan is requested. Payment in full is due to TAM by the specified deadlines. Travel ePackages and other travel documents will not be issued until final payment is received. TAM reserves the right to cancel a reservation without notice when deposit or final payment is not received by the due date.
CONFIRMATION OF VACATION/PACKAGE: To receive confirmation of purchase the Traveler/Participant must adhere to all of the requirements as directed in the registration process. This may include but is not limited to:
Registration for the Event/Vacation/Package through a custom Jotform, or other online portal.
Payment of the non-refundable deposit through the payment platforms provided by TAM by the required due date.
Payment of all subsequent Travel/Event Fees by the designated due dates.
Provision of all additional information requested by TAM to comply with governmental and booking requirements, such as identification documents, questionnaires, and travel forms.
Consent to receipt of travel correspondence by email, including any itineraries, travel alerts, or updates. Itineraries are subject to change and may be modified by TAM, efforts of governmental agencies, and third party hosts at any time. Weather, third party vendors, and local circumstances are outside of TAM’s control. Due to safety being a top priority for TAM, the Traveler/Participant agrees to hereby waive any claims or demands in connection with changes in proposed itineraries.
The Traveler/Participant will receive email notification confirming a timely receipt of all payments within seven (7) days of payments.
Reservations are not accepted until independently confirmed by TAM.
RESORT/LODGING CHECK-IN/OUT PROCEDURES: Generally, standard check-in time is 4 p.m. and check-out is 11 a.m. (local time), but may vary by hotel or accommodation. During peak periods, check-in may be delayed. Your hotel/resort/lodging may require a credit card imprint, cash deposit and/or a valid credit or debit card upon check-in to cover room charges and incidental expenses. Additionally, the Traveler/Participant can expect to be required to show a valid government issued photo ID at check-in. The government-issued photo ID may be required to match the name that was used on the reservation confirmation.
BOOKING PROCEDURES: Advance reservations for packages are accepted up to the due date for the Deposit. (Saturday, Sunday and U.S. legal holidays are not considered business days.) Advance reservation requirements may be more restrictive for international destinations, and TAM is not responsible for delays caused by the Traveler/Participant’s failure to timely make deposits. Features for all packages are subject to change and may be based on features available on the date of the Traveler/Participant’s arrival, not those in effect at time the reservation is made.
Minimum Information Requirements. All Traveler/Participant' full, legal names (including, without limitation, children) are required at the time the reservation is made. Children's ages are also required at the time the reservation is made. Name changes shall not be permitted; reservations and package components are non transferable. Travelers/Participants should be mindful of the effect of legally changing their name after a travel reservation has been processed.
If and when any portion of the Vacation/Package is fulfilled by a third party travel supplier (such as a car rental agency or hotel operated by a third party), by booking the package, you understand that TAM may provide the Traveler/Participant’s personal information to the supplier for its independent use to fulfill the reservation.
No refunds will be made for the Traveler/Participant’s early departure from a hotel or for unused or partially used admission tickets to excursions, attractions, retreats, options, components, or features.
CHANGE FEES AND CHANGES TO RESERVATIONS MADE PRIOR TO INITIAL TRAVEL DATE: Changes to reservations including, without limitation, change in travel dates, length of stay or hotel accommodations, are subject to availability at the time the change is requested and Traveler/Participant is responsible for paying any increase in price resulting from the change. In addition, changes made less than 30 days prior to Traveler/Participant’s initial date of travel are also subject to any change fees assessed by third party hotels or other suppliers. If changes are made to the reservation, including, without limitation, changes to travel dates, the package will be subject to the Terms and Conditions applicable to packages at the time the change to the reservation is made, and pricing applicable to the new travel dates or other package modifications will apply. The Traveler/Participant hereby acknowledges that Hotels/suppliers/transportation providers do not permit changes in certain situations and that changes are subject to their discretion, which is outside of TAM’s control.
GENERAL ROOM LOCATION AND INFORMATION: Adjacent rooms, connecting rooms, non-smoking rooms or specific room location and types of rooms or bedding are on a "request basis only" and are subject to availability at the time of check-in with the respective third party hotel or other lodging accommodation. Maximum occupancy is determined by the third party hotel or other lodging accommodation, and may be a combination of adults and children per room using existing bedding and varies by hotel and room type. Extra bedding may be requested at time of reservation or hotel check-in and is subject to availability; a fee plus tax may apply and is payable directly to the hotel or other lodging accommodation at the time of check-out. (Extra bedding types vary by property and are defined as a rollaway, daybed, chair-bed, or sofa bed.) Some hotels are smoke free environments. A room recovery fee will be charged by the third party hotel or other lodging accommodation for smoking in rooms, on balconies, on patios, or in other non-smoking areas. Pets are generally not permitted with the exception of service animals as authorized in the local jurisdiction. The Traveler/Participant hereby agrees to waive any and all claims against TAM for room limitations, availability, restrictions, and bedding type.
Travelers/Participants with Disabilities. For a Traveler/Participant with disabilities who requires accessible accommodations, specific information and assistance should be requested through the third party lodging, attraction, excursion, transportation providers regarding accessible room availability, bedding options, amenities, restrictions, modifications and advance reservation notice requirements. All accommodations are subject to availability and the Traveler/Participant acknowledges that not all destinations have guarantees or accommodations for accessibility. The Traveler/Participant hereby agrees to waive any and all claims against TAM for limitations with respect to disability accommodations and hereby agrees and understands that it is the Traveler/Participant’s responsibility to verify the existence or availability of reasonable accommodations with respect to the Traveler/Participant’s disability needs.
VEHICLE RENTALS: While TAM’s services may involve booking with third party vehicle rental companies as part of a package, retreat, group social event, hosted tour, or other similar booking, the Traveler/Participant agrees that vehicle rental restrictions apply per jurisdiction. Often, renters must be at least 21 years of age and additional surcharges often apply to renters 21-24 years of age and will be assessed at the rental location. Renters must present a valid driver's license with an acceptable major credit card in their name. Other standard rental qualifications may apply. Cash customers may be required to leave a deposit and must meet current standard cash qualification requirements as determined by the rental company. Cars must be rented often for a minimum period of time, generally no less than a one 24-hour period. Car rental may include unlimited mileage, airport fees, local surcharges and state/local taxes. Additional daily and hourly rate charges, additional driver's fee, Damage Waiver, gasoline, optional refueling service and any other charges are extra and will be collected by the third party rental company. Country and State Laws require child restraint seats for children of specified ages and heights. The Traveler/Participant agrees to verify local requirements when traveling with minor children and agrees to abide by local law in respect of any seat belts, car seats, and other driving-with-minors requirements. A drop-off charge may be added to rentals picked up in one jurisdiction and returned outside that jurisdiction. Drop-off charges are payable at the time of rental at the car rental counter through the third party rental company. Other terms and conditions may apply.
SERVICE PROVIDERS/TOUR AND EXCURSION OPERATORS: As part of your booking, TAM may license or engage qualified professional tour operators to organize and administer activities or travel. Any such designated tour operator, its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents and assigns (collectively “Tour Operator”), in turn, acts only as an agent for any transportation carrier, hotel, ground operator, restaurants, or other suppliers of services connected with specific itineraries (“Suppliers”). Suppliers are solely responsible and liable for providing their respective services and neither TAM nor Tour Operators are responsible for delay, mishap, inconvenience, expense, irregularity, bodily injury, illness, emotional distress, death, or loss to property occasioned by or through the conduct or omission of a Supplier, each of which is subject to the laws of the country or state where the services are provided. In addition, the passenger tickets in use by any carriers will constitute the sole contract between you and the carrier; the carriers are not responsible for any act, omission, or event during the time you are not aboard their conveyances.
INDEPENDENT ACTIVITIES: If you decide to participate in any activity or excursion that is not arranged or led by TAM or the Tour Operator, if any, neither TAM nor the Tour Operator shall have any responsibility for or control over your safety or well-being, or those of the other parties in your reservation/booking, which will be solely your responsibility. The Traveler/Participant hereby agrees to waive any and all claims against TAM for independent activities, excursions, transportation, and the like.
TRIP ACTIVITY LEVEL REQUIREMENTS AND UNIQUE RISKS: You are advised to carefully read the details of your selected itinerary before booking a travel package to understand the activity level and requirements, including the list of Activities which may involve one or more unique risks (“Unique Risks”) as further detailed in the Travel Agreement (defined below). Certain itineraries may not be suitable for all Travelers/Participants, including those with disabilities, due to terrain/local conditions, the nature of the Activities, or otherwise. Neither TAM’s staff nor our Suppliers/contractors may physically assist Travelers/Participants who need or may need assistance during their trip or with respect to any Activity. All Travelers/Participants are strongly encouraged to consult with their personal physician before booking a reservation. In addition, select itineraries may require Travelers/Participants to obtain prior written approval from their personal physician.
By booking your travel package, you represent and certify that you and all members of your traveling party: (i) have carefully read the details of the itinerary and selected an itinerary that is appropriate for each person’s abilities; (ii) do not have any impairment or disability which might present a safety risk during the trip or any of the Activities; (iii) have consulted with a personal physician as appropriate; and (iv) will immediately advise us if anyone in your travel party is unable to meet the safety requirements that are necessary for the safe operation of the trip or Activity. If your circumstances change between the date of booking and the trip departure, you must inform us as soon as possible and advise us of any special requests, which you acknowledge may not be available.
We reserve the right to cancel, terminate, discontinue, or modify any reservation, trip, or Activity, if the Traveler/Participant cannot meet the safety requirements that are necessary for safe operation or fails to obey signage, instructions, protocols, or rules. We further reserve the right to: (i) immediately terminate any trip or Activity if the Traveler/Participant is disruptive or otherwise adversely impacts the experience for others, without any refund to the Traveler/Participant; and (ii) make changes to the itinerary or Activity as appropriate for safety, security, comfort, or convenience, without liability or notice.
 INSURANCE: Unless otherwise prohibited by law, the Traveler/Participant is required to purchase and maintain travel insurance during the entire length of the travel package, individual vacation package, Group Social Event, Retreat, or Hosted Tour, up through, and including the date of return (as may be extended by changes in itineraries). Travel insurance premium payments are non-refundable. The Traveler/Participant is individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities. TAM, and its affiliates, are not responsible or liable for any loss, damage, expense, cost, or any other travel contingency which may arise or result from a booked travel package. You may not be permitted to travel on specific Retreats, Hosted Tours, or Group Social Events without first providing written proof of travel insurance to TAM’s authorized representatives.
Travel insurance is strongly recommended, even when not required, and is available through multiple independent travel insurance providers. Travel insurance typically provides coverage for trip cancellation and interruption, baggage protection and delay, travel accidents and delay, and emergency medical and dental services and certain associated transportation. If the Traveler/Participant does not purchase travel insurance, the Traveler/Participant is responsible for any medical expenses, any medical evacuation costs, and any other costs arising during travel.
Generally speaking, the Vacation Protection Plan/ Vacation Protection Plan Plus (“Plan”) provides insurance coverage for trip cancellation and interruption, baggage protection and delay, travel accidents and delay, and emergency medical and dental services and certain associated transportation, on select trips. You may elect to purchase the Plan at the time of booking or at any time prior to, or at the time of, final payment. If you purchase and pay for the Plan in full within 14 calendar days of the initial trip deposit/payment (but no later than when final payment is made), certain pre-existing medical conditions may also be covered; however, if you purchase and pay in full for the Plan more than 14 calendar days after the initial trip deposit/payment (but no later than when final payment is made), pre-existing medical conditions will not be covered. Conditions and restrictions apply per insurance carrier. Insurance plans are non-transferable.
HURRICANES AND OTHER SEVERE INCLEMENT WEATHER: TAM is not responsible for any inclement weather which may occur at the location(s) identified and selected by the Traveler/Participant as part of their itinerary. TAM’s policy is to consider the health and safety of the Traveler/Participant in light of hazardous weather. The Traveler/Participant agrees to the following procedures in the event of Hosted Tours, Retreats, and other excursions reasonably within the purview of TAM’s control:
Pre-Hosted Tours, Retreats, and other excursions: If a hurricane is forecasted to make landfall in the immediate area of the retreat location, then within 3 {three} days of the Organizer’s day of arrival, TAM reserves the exclusive right to make a decision between the following options:
Full Refund: TAM may choose to cancel the Traveler/Participant’s registration and issue a full refund of all payments made toward the retreat portion, subject to the Traveler/Participant filing a timely claim for insurance for the hotel portion, less and except the non-refundable deposit of $__________.
Postponement: TAM may choose to postpone the retreat to a later date. If the Traveler/Participant is unable to attend on the newly provided dates, the Traveler/Participant will receive a full refund of all payments made subject to the Traveler/Participant filing a timely claim for insurance for the hotel portion, less and except the non-refundable deposit of $__________.
No Refund: TAM may choose not to refund the Traveler/Participant. Inclement weather and other Force Majeure events are highly unpredictable, and may occur suddenly or with limited warning. The Traveler/Participant has the opportunity to mitigate their risk of loss by timely securing travel insurance coverage. Failure to purchase travel insurance coverage may result in a total loss with respect to your vacation or travel package.
During Hosted Tours, Retreats, and other excursions (“Event”): If a hurricane warning is issued for the retreat location during the Event, TAM will follow the guidance of local authorities and make decisions regarding evacuation or shelter-in-place procedures based on the safety of all participants. In the event of a government issued evacuation directive, additional expenses incurred due to early departure or relocation are the sole responsibility of the Traveler/Participant. No refunds will be provided and the Traveler/Participant acknowledges their independent obligation to file a timely claim with the travel insurance company for all additional expenses incurred that may be subject to coverage under their policy.
AIR TRAVEL: Traveler/Participant’s may be responsible for booking and paying for their own airfare to and from a Retreat, Hosted Tour, and/or Group Social Event. TAM reserves the right to only book flight reservations originating or terminating in the U.S. Airlines may impose additional change or cancellation charges. In purchasing, selling, or arranging your airfare, TAM is acting as the Traveler/Participant’s limited agent only and has no liability or responsibility for the performance of services by the airlines including, but not limited to, accident, death, personal injury, property damage, flight cancelation, or delay. The Traveler/Participant’s airline ticket and associated terms and conditions constitute the entire agreement between the Traveler/Participant and the airline (and not TAM), even if purchased through TAM. It is the Traveler/Participant’s responsibility to apprise themselves of, and comply with, the airlines’ terms and conditions of service and airport security requirements. Neither TAM, Tour Operator, Suppliers, nor any of their affiliates will be liable for any airline’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the Traveler/Participant’s Trip departure city or return city. Any airline tickets issued are subject to the carrier’s refund policy. Baggage and personal effects are at all times the sole responsibility of the Traveler/Participant.
ITINERARY MODIFICATIONS/OUR RIGHT TO CANCEL: TAM will make every reasonable effort to operate the Retreats, Hosted Tours, and/or Group Social Events as advertised; however, TAM and Tour Operator(s), if any, reserve the right to curtail or modify the itinerary, including but not limited to curtailment or modification of Activities, hotels, meals, transportation, and excursions, as TAM, Tour Operators, or Suppliers deem necessary. Please also note that during certain holidays and peak periods or due to repairs or renovations, some Activities may be disrupted or unavailable. Deviations from planned trip itineraries or any aspects of the travel may occur. None of these modifications or changes shall affect the trip price or entitle you to any credit or refund.
If a Traveler/Participant elects to leave a Retreat, Hosted Tour, and/or Group Social Event in progress of their own volition, the Traveler/Participant will not receive any type of refund. If the Traveler/Participant elects to leave a Retreat, Hosted Tour, and/or Group Social Event in progress of their own volition, the Traveler/Participant acknowledges and agrees that: (i) the Traveler/Participant shall be solely responsible for Traveler/Participant’s travel plans once Traveler/Participant departs the Retreat, Hosted Tour, and/or Group Social Event; (ii) neither TAM nor the Tour Operator shall have any responsibility for or control over the Traveler/Participant’s safety or activities once the Traveler/Participant departs the Retreat, Hosted Tour, and/or Group Social Event; and (iii) the Traveler/Participant will be solely responsible for any and all costs that may arise out of the Traveler/Participant’s decision to not return to the original point of departure from the Retreat, Hosted Tour, and/or Group Social Event in progress. 
TAM shall also have the right, in its sole and absolute discretion to cancel or modify a reservation in whole or in part, at any time if the reservation includes or was made as the result of a mistake or error of any kind, including, but not limited to, a mistake or error in price or description of the Trip or Activity, where it appears that a Traveler/Participant has engaged in fraudulent or misleading activity in making the reservation, or due to prior disputed or suspected fraudulent payment transactions. Refer to our Cancellation Policies and Procedures for our complete cancelation process.
PREGNANCY: For any travel package, women who have entered their 24th week of pregnancy as of the trip/travel start date or who will enter their 24th week of pregnancy during the trip/travel may not be permitted to book. For all other trips/travels, airlines and local Suppliers may have additional restrictions applicable to women who are pregnant, and depending on the week of pregnancy, pregnant women may not be permitted to book or participate in certain Activities. For these types of itineraries and within those timelines in a pregnancy, neither a physician’s medical statement nor a waiver of liability will be accepted by TAM. TAM cannot be held responsible or liable for any complications relating to pregnancy at any stage. If pregnant, you are strongly encouraged to consult with your personal physician before booking a trip/travel regardless of itinerary. 
Waiver: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named in paragraph (U) below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to the pregnancy of a Traveler/Participant during my travel package and resulting from or in relation to the confirmation of an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location.
ASSUMPTION OF RISK - INFECTIOUS DISEASES: 
COVID-19 And Any Other Communicable Or Infectious Disease: Liability Waiver, Class-Action Waiver, Binding Arbitration, And Other Provisions. By purchasing a travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM, and in consideration thereof, and in consideration for being able to visit and/or participate in attractions, transportation, and activities at the respective locations within the package, I agree, understand, and acknowledge, on my own behalf and on behalf of any individual who uses a ticket or reservation made by me, as follows (collectively, the “COVID-19 and Other Communicable/Infectious Disease Provision”):
Assumption Of Risk: I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By purchasing a travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location, I agree 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, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below. I acknowledge that my travel and participation are entirely voluntary.
Waiver: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location. 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.
Acknowledgment Of Assumption Of Risk And Waiver By Other Users: I attest, acknowledge, and agree that any individual for whom I have bought a travel package or made a reservation or who uses a travel package or reservation made by me has independently and carefully read this COVID-19 and Other Communicable/Infectious Disease Provision and has knowingly and independently acknowledged and agreed to all its provisions, including without limitation (1) 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 himself, herself, or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below, and (2) to agree, on his or her own behalf and on behalf of his or her heirs, executors, personal representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during his or her visit to and/or participation in my travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location.
Waiver On Behalf Of Minor Children: For any minor child for whom I have bought a travel package or made a reservation or who uses a ticket or reservation purchased and/or made by me, I agree and acknowledge that I am the minor child’s natural and/or otherwise legal guardian and I am authorized to and do waive and release, in advance, any of the following that would accrue to the minor child: any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during the minor child’s use or enjoyment of my travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location. 
Third-Party Beneficiaries: I acknowledge and agree that any individual for whom I have bought a ticket or made a reservation or who uses a ticket or reservation made by me is and is intended to be a third-party beneficiary of that ticket or reservation made by me.
Indemnity/Insurance: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties harmless from and against any and all claims made or incurred by anyone, including myself and any individual who uses a travel package or reservation made by me, arising out of or in any way relating to my purchase of the travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to exposure to COVID-19 and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to the travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to the travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location, at my own expense. I acknowledge that travel insurance is strongly recommended whenever not specifically required.
Scope: I agree that the Waiver and Indemnity provided for in this COVID-19 and Other Communicable/Infectious Disease Provision shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by me or anyone else before, during, or after my visit and/or participation. Additionally, I agree that the scope of the Waiver and Indemnity shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable.
Term: The Waiver and Indemnity provided for in this COVID-19 and Other Communicable/Infectious Disease Provision applies to any and all travel package and or confirming an excursion, retreat, group social event, making a resort, and/or hotel reservation(s) through TAM and/or participating in attractions, transportation, and activities within the location and/or presence on the Released Parties’ property arising out of the purchase of a travel package and/or the making of a reservation(s) pursuant to which I and the Released Parties agreed to this COVID-19 and Other Communicable/Infectious Disease Provision, from the date on which I agreed to this COVID-19 and Other Communicable/Infectious Disease Provision.
Released Parties: The Released Parties are: Marcie Muensterman, The Travel Advisor Marcie, LLC; Travel Advisor Training by Marcie LLC, and their respective parents, subsidiary, and other affiliated or related companies, and all officers, directors, employees, shareholders, members, agents, contractors, sub-contractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing entities.
Severability/Partial Invalidity: If any provision or part thereof of this COVID-19 and Other Communicable/Infectious Disease Provision is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from this COVID-19 and Other Communicable/Infectious Disease Provision without affecting the binding force or effect of any other part or provision.
BINDING ARBITRATION: I AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO THIS COVID-19 AND OTHER COMMUNICABLE/INFECTIOUS DISEASE PROVISION OR EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE DURING TRAVEL PACKAGE AND OR CONFIRMING AN EXCURSION, RETREAT, GROUP SOCIAL EVENT, MAKING A RESORT, AND/OR HOTEL RESERVATION(S) THROUGH TAM AND/OR PARTICIPATING IN ATTRACTIONS, TRANSPORTATION, AND ACTIVITIES WITHIN THE LOCATION, NOW OR IN THE FUTURE WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES MY RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS. THE ARBITRATOR WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, OR ENFORCEABILITY OF THESE TERMS OR THE FORMATION OF THIS COVID-19 AND OTHER COMMUNICABLE/INFECTIOUS DISEASE PROVISION, INCLUDING THE ARBITRABILITY OF ANY DISPUTE AND ANY CLAIM THAT ALL OR ANY PART OF THIS COVID-19 AND OTHER COMMUNICABLE/INFECTIOUS DISEASE PROVISION IS VOID OR VOIDABLE.
IN THE EVENT OF A DISPUTE, I AGREE TO SEND A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH MY NAME, ADDRESS, AND CONTACT INFORMATION; THE FACTS GIVING RISE TO THE DISPUTE; AND THE RELIEF REQUESTED TO THE RELEASED PARTIES AT 500 SOUTH BUENA VISTA STREET, BURBANK, CALIFORNIA 91521-7620, USA, ATTENTION: LEGAL. THE RELEASED PARTIES WILL SEND ANY NOTICE OF DISPUTE TO ME AT THE CONTACT INFORMATION THAT THEY HAVE FOR ME. THE RELEASED PARTIES AND I WILL ATTEMPT TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN SIXTY (60) DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. AFTER THAT SIXTY (60) DAY PERIOD AND NOT BEFORE, THE RELEASED PARTIES OR I MAY COMMENCE AN ARBITRATION PROCEEDING. I MAY INSTEAD LITIGATE A DISPUTE IN SMALL CLAIMS COURT IF THE DISPUTE MEETS THE REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT, WHETHER OR NOT I NEGOTIATED INFORMALLY FIRST. 
IF THE RELEASED PARTIES AND I DO NOT RESOLVE A DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, THE DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THEIR ARBITRATION RULES AND PROCEDURES (THE “AAA RULES”). THE AAA RULES AND INSTRUCTIONS ABOUT HOW TO INITIATE AN ARBITRATION ARE AVAILABLE AT HTTPS://WWW.ADR.ORG/. ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE, OR ONLINE. PROCEEDINGS THAT CANNOT BE CONDUCTED THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE, OR ONLINE, WILL TAKE PLACE IN PASCO COUNTY, FLORIDA PROVIDED, HOWEVER, THAT IF CIRCUMSTANCES PREVENT ME FROM TRAVELING TO PASCO COUNTY, FLORIDA, THE AAA MAY HOLD A VIRTUAL HEARING. THE RELEASED PARTIES AND I AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN PASCO COUNTY, FLORIDA IN ORDER TO COMPEL ARBITRATION, TO STAY PROCEEDINGS PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE, OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR. THE ARBITRATOR MAY AWARD DAMAGES TO ME INDIVIDUALLY AS A COURT COULD, INCLUDING DECLARATORY OR INJUNCTIVE RELIEF, BUT ONLY TO THE EXTENT REQUIRED TO SATISFY MY INDIVIDUAL CLAIM. IN ACCORDANCE WITH THE AAA RULES, THE PARTY INITIATING THE ARBITRATION (EITHER ME OR THE RELEASED PARTIES) IS RESPONSIBLE FOR PAYING THE FILING FEE. HOWEVER, IF THE ARBITRATOR ISSUES ME AN AWARD OF DAMAGES AND: (A) THAT AWARD IS GREATER THAN THE AMOUNT OF THE RELEASED PARTIES’ LAST WRITTEN SETTLEMENT OFFER; OR (B) IF THE RELEASED PARTIES DID NOT MAKE A SETTLEMENT OFFER, THEN IN ADDITION TO PAYING FOR ANY AAA CASE MANAGEMENT FEES AND ALL PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES, THE RELEASED PARTIES WILL REIMBURSE ME FOR THE FILING FEES I INCURRED.
THIS AGREEMENT TO BINDING ARBITRATION EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16, GOVERNS ITS INTERPRETATION AND ENFORCEMENT. THIS AGREEMENT TO BINDING ARBITRATION WILL SURVIVE ITS TERMINATION. IF ANY PORTION OF THIS AGREEMENT TO BINDING ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS SHALL NEVERTHELESS REMAIN IN FORCE.
GOVERNMENTAL ADVISORIES/NECESSARY TRAVEL DOCUMENTS: The Traveler/Participant is solely responsible for obtaining and understanding current travel advisories, warnings, requirements, and restrictions by contacting applicable embassies, and consulates. We strongly encourage the Traveler/Participant to visit the U.S. State Department’s website at https://travel.state.gov and the U.S. Centers for Disease Control and Prevention website at https://www.cdc.gov. Non-U.S. residents should consult the appropriate consulates regarding passport, visa, and other document requirements. All Travelers/Participants must have valid government-issued proof of citizenship to travel, in addition to any other requirements of the country of origin and countries visited. Those without proper documentation may be denied travel. In addition, a Traveler/Participant may be denied entry to the countries visited if he/she does not meet each country’s entry requirements. Travelers/Participants must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. TAM shall not assume responsibility for the accuracy of health, vaccination, or documentation requirements prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by the Travelers/Participants’ health practitioner on a valid vaccination certificate, which the Travelers/Participants must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. If the Traveler/Participant did not purchase air travel through TAM, the Traveler/Participant is solely responsible for notifying TAM of flight changes affecting the Traveler/Participant’s arrival. Failure to obtain documents does not negate these Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be your responsibility. The Traveler/Participant is solely responsible for obtaining any documents required for participation on the trip, travel package, Retreat, Hosted Tour, and/or Group Social Event such as a valid passport, all visas, vaccination certificates, and any other documents which may be required by the itinerary or as required for traveling with minors, and complying with any destination specific requirements or restrictions.
ACTIVITIES - DEFINITIONS: These Terms and Conditions are subject to change at any time without prior notice.
Activity
Unique Risks That May be Involved
Above the Ground Suspension Activities Including but not Limited to Climbing, Ziplining, and Other Rope Activities
Risks include disorientation; vertigo; altitude and motion sickness; slipping; sliding; tripping and falling from platforms; steep, inconsistent, and wet terrain; collision; crashing into other people, the bridge, the ground, trees, and other objects; rope abrasion; entanglement; clothing and body parts being caught in moving parts; falling objects, including trees, rocks, equipment, and dropped items, including ropes, holds, and climbing hardware; equipment failures, including failure of ropes, climbing harnesses, anchor points, carabiners, and any other structures (including bridge structures, if applicable); adverse weather conditions, including wind, lightning, and extreme temperatures; injury while getting on and off of platforms, on and off lifts, and in and out of vehicles; injury by wildlife; fire dangers; physical exertion; and emotional trauma.
Animal Activities Including but not Limited to Donkey and Horseback Riding, and Activities Involving Other Wildlife
Risks include injury by animals that may act unpredictably, kick, bite, stomp, spit, stumble, rear, bolt, fall down and move suddenly due to their reactions to the person riding, petting, feeding, and shearing them, other persons, other animals, loud noises, light and vehicles; injury by other wildlife and marine animals; injury from means used to protect guests from wildlife; falling, collision and injury from sitting on animals; injury that may result from the training and selecting of the animals, maintenance, care, fit and adjustment of saddles and brindles, instruction on riding skills, and leading and supervising riders; injury caused by embarkation and disembarkation from an animal; altitude sickness; and allergic reaction.
Boating Activities Including but not Limited to Zodiac and Jet-Boating, Kayaking, Canoeing, and Whitewater Rafting 
Risks include drowning; hypothermia; injury from falling over or through protective barriers overboard while vessel is stationary or moving, or being thrown by the forces of water motion or movement of the vessel through rough and unpredictable waters; head and other bodily injury from being thrown or falling from the vessel onto rocks, trees or other objects or into cold water, or from coming in contact with gear, cargo, rigging, or other people; injury caused by embarkation and disembarkation from slippery, uneven, or unstable surfaces; vessel capsizing or sinking; trauma caused by hot sun or cold water, including sunstroke, sickenss, and being wet, cold, and uncomfortable; and attack or injury by wildlife, sea creatures, and marine animals.
All-Terrain Vehicle Activities Including but not Limited to Driving, Riding, and Participating in a Game Drive, Safari Drive, Military Vehicle Drive, Jeep Drive, 4x4 Tour, and Snow Mobile Drive
Risks include falling; collision; being struck by objects as a result of traveling on trails, terrain, and other pathways of varying conditions which may contain holes and depressions; injury due to being jolted, jarred, bounced, thrown about and shaken; exposure to varying temperatures; cold weather and heat related injuries and illnesses, including frostnip, frostbite, heat exhaustion, heat stroke, sunburn, sun exposure, hypothermia, and dehydration; attack and injury by wildlife; operator error; impairment of sense of balance; fatigue; chill; and dizziness.
Water Activities Including but not Limited to Surfing, Boarding, Swimming, Scuba Diving, Snorkeling, and Cold Water Immersion
Risks include drowning and effects of water with full knowledge that the surfing, swimming, or immersion activity may be undertaken in an environment with changing tides and water flow and without the presence of a lifeguard; waterborne illness; trauma caused by hot sun and seasickness; injury from exposure to rocks; attack and injury by wildlife, sea creatures, and marine animals; injury from equipment; falling and slipping due to wet and unstable surfaces; capsizing; heart attack; panic; and hyperventilation.



INTELLECTUAL PROPERTY: The Traveler/Participant acknowledges and agrees that TAM’s and its affiliates names, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by TAM or its affiliates, licensors, or suppliers. Traveler/Participant acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of TAM and its affiliates, licensors, and suppliers. The Traveler/Participant expressly agrees not to do anything inconsistent with said ownership of all of the intellectual property discussed herein. The Traveler/Participant further agrees that they have no rights, title, or interest in or to any of the said Intellectual Property. Traveler/Participant acknowledges they have not received any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of TAM, its affiliates, or any third party.
GENERAL CONDITIONS: 
General Conditions and Responsibility. TAM, its parent companies, affiliates, directors, officers, employees, subcontractors, agents and representatives, shall at no time be liable or responsible in any way whatsoever for any loss, injury, or damage caused or arising in connection with any transportation, hotel or other services or products of third parties provided or arranged through TAM, or as a result of acts of God, acts of Government or other authorities, pandemic or other health and safety circumstance, wars, civil disturbances, hijacks, thefts, or any circumstance beyond its control. TAM reserves the right to accept, retain, decline or cancel any reservation, any feature or component of the package, or any Traveler/Participant as a participant in its packages at any time and for any reason. In addition, TAM reserves the right to cancel or modify a reservation including, without limitation, the price, at any time prior to Traveler/Participant check-in if the reservation includes or was made as the result of a mistake or error of any kind, including, without limitation, a mistake or error in price or description of the package or package components or features, or where it appears that a Traveler/Participant has engaged in fraudulent or misleading activity in making the reservation. If a reservation, package, or a feature or component of a package is canceled by TAM, TAM shall have no responsibility beyond the refund of monies paid to TAM related to the cancellation of that portion that was canceled by TAM, and which was not designated as “non-refundable.” The terms and conditions of any transportation services provided by car rental agencies or other third parties shall be as represented by those third parties. Terms and conditions are subject to change by TAM without notice. If these Terms and Conditions contain any provisions construed to be unenforceable or unlawful by a court of competent jurisdiction, the same shall be deemed modified to conform to applicable law, or if this would cause an unreasonable result, such provision shall be stricken from these Terms and Conditions without affecting the binding force and effect of any of its other provisions.
FORCE MAJEURE: Neither TAM nor its corporate parent, subsidiaries, affiliates, assigns, employees, officers, directors, successors, representatives, agents, or independent suppliers, will be held liable for any loss or damage due to delay, cancelation, or disruption in any manner caused by any of the following causes, to the extent beyond our reasonable control: acts of God, accidents, riots, wars, hostilities, blockages, revolutions, riots, insurrections, terrorist acts, epidemics or pandemics (including but not limited to COVID-19), quarantines, civil commotions, breakdown of communication facilities, natural catastrophes (including hurricanes, tornadoes, earthquakes, floods, tsunamis, and like occurrences), governmental acts or omissions, changes in laws or regulations, labor strikes, fire, explosions, or sabotage.
NO GUARANTEE OF EXCURSIONS, ACTIVITIES, ETC.: Excursions, restaurants, attractions, entertainment, experiences, offerings, and other products, services or items are not guaranteed; may be modified, limited in capacity or availability; are subject to change, discontinuation or cancellation; and may close temporarily for any reason including, without limitation, due to rehabilitation, refurbishing, capacity, seasonal considerations, inclement weather, government or other authority guidance or order, pandemic-related restrictions, or special events, all without notice and without liability to TAM.
GENERAL TERMS:
Governing Law. Agent (“TAM”) and Traveler/Participant acknowledge and agree that this Agreement, which memorializes the Terms and Conditions of the services, responsibilities, and obligations of each respective party, and any and all disputes thereof, has been made and entered into pursuant to Applicable Law. This Agreement shall be governed by the laws of the State of Florida.
 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors or assigns.
Attorney Fees - Enforcement: In the event of any action or proceeding brought for the enforcement of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party, including appellate fees, and fees incurred as a result of bankruptcy representation proceedings.
Definitions. Words used in this Agreement shall possess their everyday and ordinary meaning, provided however, that where one (1) of the following listed terms is used in this Agreement, such term(s) shall possess the corresponding meaning, as follows:
“Applicable Laws” means any applicable laws, rules, regulations, statutes, ordinances and any and all other authority.
“Day(s)” means calendar day unless specifically stated otherwise.
“Calendar Days” means any and all days in a 365-day calendar year.
“Business Days” means each calendar day which is not a Saturday, Sunday or a nationally recognized holiday.
“Effective Date” shall be the date on which Agent and Traveler/Participant have approved and executed this Agreement.
Agreement. Traveler/Participant and Agent mutually agree to the terms of this Agreement, which are set forth above, and specifically incorporated herein. Traveler/Participant and Agent acknowledge and agree that, beginning on the Effective Date of this Agreement, Traveler/Participant and Agent shall comply with all of the terms set forth herein and any other term(s) and/or provision(s) set forth in this Agreement. As such, this Agreement, which memorializes the mutual agreement(s) between Traveler/Participant and Agent, has been made and entered into pursuant to applicable law and at arm’s length.The parties acknowledge that they have read and fully understand all of the provisions and effects of this Agreement; that they have had ample time to thoroughly discuss all aspects of the Agreement with independent counsel; that they are knowingly and voluntarily entering into this Agreement; that they have made no representations to each other concerning the terms and effects of this Agreement other than those contained herein, and that no legal advisor has advised them against the execution of this Agreement.
Entire Agreement. This Agreement modifies and supersedes all other preceding agreements, oral or written, between the Parties and constitutes the entire and exclusive agreement of the Parties regarding the subject matter of this Agreement. The Parties stipulate and agree that any prior draft of this Agreement is inadmissible and shall not be introduced into evidence in any court proceeding or administrative hearing. The parties stipulate and agree that this Agreement shall be of no legal force and effect until signed by all Parties.
Releases: Upon satisfaction and compliance with all terms and conditions referenced herein, this Agreement shall constitute a full release of all claims by the Parties and the Parties do hereby remise, release, acquit, satisfy, and forever discharge each other and their insurers, employees, officers, agents, directors, managers, affiliates, subsidiaries, trustees, receivers, successors and assigns, of and from any and all liability, and all manner of action and actions, causes of action, suits, debts, dues, sums of money, accounts reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances trespasses, damages, judgments, executions, claims and demands whatsoever, including but not limited to attorneys fees, in law or in equity, which the said Parties ever had, now have, or which any personal representative, successor, devisee, beneficiary, heir or assign of the said Parties, hereafter can, shall, or may have, against each other from the beginning of the world to the day of these presents, accrued or unaccrued, for, or in any way related to the facts alleged and all claims which were or which could have been raised by the Parties in connection with the matters referenced herein. The Parties represent that they are not presently aware of any other claims against each other related, in any way, to the matters or services referenced herein. 
Confidentiality. The Parties shall keep the Agreement itself confidential, and such confidentiality shall be enforceable by a court of competent jurisdiction. Provided, however, that the Parties may discuss the terms of this Agreement with their traveling family members, attorneys, business partners, board of directors, accountants, and with other persons that have a true and legitimate need to know the information set forth herein. Furthermore, this Agreement may be disclosed or filed in court proceedings if necessary to interpret or enforce the terms hereof. The terms of the Agreement shall not, however, be discussed with third parties who have no involvement in this matter or otherwise have no legitimate need to know the information set forth herein, except as may be required by court order or other judicial process. The Parties acknowledge that $100.00 of the value of the exchange is consideration for execution of this confidentiality provision.
Non-Disparagement. The Parties shall not publicly criticize or disparage one another regarding the present services covered by the Agreement. This includes publication of any negative comment on social media of any type.  
Modification. This Agreement may not be modified in any way, unless such modification is in the form of a written amendment properly executed by both Traveler/Participant and Agent. Moreover, no oral modifications will be effective or binding on either party regardless of whether the person(s) attempting to make such modifications appeared to have the authority to make such modification.
Venue. All sales of packages take place in and are consummated in the State of Florida. Any claim, action or lawsuit (collectively, "Action") arising out of these Terms and Conditions, reservations and bookings, and/or all packages, products and services provided in connection with the reservations and bookings including, without limitation, components such as tickets, excursions, transportation, admissions, packages, and room accommodations must be filed and maintained exclusively in any court in Pasco County, Florida having subject matter jurisdiction. 
No Admissions or Waivers. The parties acknowledge and agree that the entry into this Agreement is intended to state forth the Terms and Conditions of purchasing travel services through the Agent. Accordingly, no admissions as to any of the matters asserted or that could have been asserted arising out of the facts and matters set forth in this Agreement are deemed to be made by the parties hereto.
Construction. Traveler/Participant and Agent acknowledge that the Agreement has been fairly arrived at, and at arm’s length; and, as such, the Agreement shall be interpreted in accordance with the terms contained herein. No party has been forced to enter into this agreement and the Traveler/Participant has at all times had their choice of service providers for travel related services.
Section Headings. Any section or paragraph headings appearing in this Agreement have been inserted for the sole purpose of convenience and ready reference of the parties. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections and paragraphs to which they may pertain.
Gender Neutral. For purposes of this Agreement, any and all gender specific references, classifications and/or language shall be interpreted to be gender neutral.
Compliance with Applicable Laws. Traveler/Participant and Agent shall comply with any and all applicable statutes, laws, rules, regulations, ordinances and resolutions of the United States of America, State of Florida, and all United States National and International Territories covered within the Traveler/Participant’s engagement of services via the Agent, and any and all other public authority which may be applicable to the Property. The Agent, however, is not bound by any location(s)’ laws which were not booked through the Agent’s contracted services.
Representations and Warranties. Each party signing this Agreement represents and warrants that he or she has read, understands and acknowledges any and all of the conditions and requirements as set forth herein and that each has had the opportunity for review.
Exhibits and Addenda. All exhibits and Addenda, if any, annexed hereto are incorporated by reference and made a part of the Agreement.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which and when combined with the original constitute one instrument; a facsimile or scanned/electronic signature may be relied upon as an original.
Duty to Cooperate and Act in Good Faith. Traveler/Participant and Agent acknowledge and agree that it is in their best interests to perform in strict accordance with the terms, covenants and conditions contained herein; and both Traveler/Participant and Agent shall, in all instances, cooperate and act in good faith in complying with all of the terms, covenants and conditions contained herein.









BY CONFIRMING YOUR BOOKING, YOU HEREBY CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, HAVE READ AND UNDERSTAND THE TERMS ABOVE, HAVE VOLUNTARILY ENTERED INTO THIS AGREEMENT, AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND ANY SUPPLEMENTAL TERMS AND CONDITIONS (SUCH AS RETREAT, HOSTED TOURS, AND GROUP SOCIAL EVENTS ADDENDA), THE CANCELLATION TERMS AND CONDITIONS, SOCIAL MEDIA POLICY, WAIVERS, AND CREDIT CARD AUTHORIZATIONS. 


__________________________ ___________________________
Traveler/Participant Today’s Date

__________________________ ___________________________
The Travel Advisor Marcie LLC Today’s Date
By: _______________________
Authorized Representative