Client Service Agreement (sample)
This Service Agreement and Liability Waiver is entered into as of the date of the last signature below by and between _[Client Name]____ (“Clients”) and Carter Family Travel, LLC ("Service Provider").
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1. Services Provided. Service Provider agrees to arrange and book travel-related services for Clients, including but not limited to transportation, accommodations, reservations, trips, tours, excursions, special events, sporting events, equipment rentals, tickets, and related activities (collectively, the “Services”).
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2. Payment and Fees. Clients agree to pay all fees and costs related to the Services, including but not limited to, the actual costs for the Services, any associated fees, ticket prices, rental fees, finders’ fees, booking fees, surcharges, taxes, etc.
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3. Service Provider's Authority. Clients authorize Service Provider to act on their behalf, in making all necessary arrangements required for the provision of Services. This includes, but is not limited to, communicating with third-party service providers and/or vendors, disclosing Confidential Information (defined below), and signing contracts, waivers, and other documents required by third-party service providers and/or outside vendors.
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4. Clients’ Acknowledgement and Responsibility. Clients acknowledge and agree that:
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Clients are responsible for providing accurate and complete information to Service Provider, which is required to provide the Services;
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Service Provider is expressly authorized to provide such information to third-party service providers and outside vendors;
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Clients will review all documents and itineraries provided by the Service Provider for accuracy and completeness;
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If Clients’ fail to notify Service Provider about issues with the documents and/or itineraries within ____ days, Service Provider cannot modify reservations;
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Clients will comply with all terms and conditions set by third-party service providers and outside vendors.
5. Clients’ Confidential Information. Clients understand and acknowledge that in order to provide Services pursuant to this Agreement, Clients may need to share confidential information with Service Provider. “Confidential Information” is personal and/or private information unique to the Clients including but not limited to name, address, driver’s license information, passports, medical information, other identifying information, or other information conveyed in writing or in discussion that is indicated to be confidential. Clients expressly agree and authorize Service Provider to disclose the Confidential Information to third-party service providers and vendors, to the extent that disclosure is required is connection with provision of the Services. Service Provider will make every effort to restrict access to Confidential Information to those third-party service providers and vendors who require such access related to the Services. Otherwise, Service Provider shall not disclose the Confidential Information to any other party, other than to employees, agents, and contractors of Service Providers who are on a need-to-know basis in connection with the provision of Services. Service Provider makes no guarantees or assurances regarding the use of Confidential Information by third-party service providers and vendors, as Service Provider does not exercise control over third-party service providers and vendors.
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6. Relationships. Nothing contained in this Agreement shall be deemed to create or constitute either party as a partner, co-venturer, or employee of the other party for any purpose.
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7. Travel Insurance. Service Provider strongly recommends that Clients purchase comprehensive travel insurance that covers trip cancellations, medical expenses, personal liability, and other risks. Clients are responsible for securing and understanding the terms of any applicable travel insurance policy. Service Provider makes no guarantees regarding the insurance coverage offered by third-party service providers/outside vendors.
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8. Assumption of Risk. Clients understand and acknowledge that the receipt of Services pursuant to this Agreement (and participation in the related activities) involves inherent risks, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death. Clients further acknowledge that travel, particularly international travel, involves inherent risks, including but not limited to health hazards, adverse weather conditions, political instability, and other unforeseen events. Finally, Clients acknowledge that the disclosure of Confidential Information to third-party vendors and service providers, who are not affiliated with nor controlled by Service Provider, involves inherent risk. By signing below, Clients affirm and agree that they assume all risks associated with the Services and agree that the Service Provider is not liable for any such risks.
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9. Safety. Clients agree to comply with all local, state and federal safety and health laws, regulations and rules pertaining to the Services. Clients agree that they shall bear sole financial responsibility for any tickets or citations (or any other consequences of violations) which are attributable to Clients’ action(s) or inaction(s). Service Provider retains the right to deny and/or cancel any Services in order to ensure the health and safety of its Clients and/or staff. Clients shall immediately notify Service Provider of any suspected unsafe or unlawful conditions at any location where Services are provided (although Service Provider is not in control of, nor responsible for, unsafe or unlawful conditions attributable to third-party vendors and/or service providers).
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10. Limitation of Liability. Service Provider is not responsible for any delays, cancellations, changes, losses, injuries (including significant injury and death) or other issues that may arise from or relate to the Services provided by Service Provider on behalf of the Clients. This includes but is not limited to personal injuries, accidents, illnesses, and/or death, delays or cancellations of Services, issues related to accommodations, tours, rentals, trips, tickets, shows, or activities, and/or any other acts or omissions of third-party service providers/outside vendors.
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11. Indemnification. Clients unconditionally agree to protect, defend, indemnify and hold Service Provider, its affiliates and subsidiaries, shareholders, employees, contractors, officers, directors, agents, and representatives, harmless from and against any and all losses, liabilities, claims, suits, demands, damages, injuries, costs and expenses (including without limitation court costs and reasonable attorneys' fees) of every kind or character in any way relating to, arising from or in connection with any acts or omissions by Clients, outside vendors, and/or third-party service providers pursuant to this Agreement, including any breach by Clients of any provision of this Service Agreement. All indemnity obligations and liabilities assumed by Clients under this Agreement shall be without monetary limit and without regard to:
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Whether Clients’ acts or omissions are occasioned by or resulting from Clients’ or Service Provider's knowledge or lack of knowledge of the circumstances giving rise to liability, and
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Whether Clients’ acts or omissions are sole, joint, comparative, concurrent, active or passive, negligent or intentional, ordinary or gross and irrespective of any breach of this Agreement by Service Provider.
Clients specifically acknowledge and agree that they will be responsible, and hold harmless Service Provider, for all pending, threatened, or anticipated claims, demands, or lawsuits arising from the performance of this Service Agreement. This Indemnity Agreement shall survive the termination or expiration of this Service Agreement.
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12. No Admission. This Agreement shall not be in any way construed as an admission by any Party that it acted wrongfully with respect any other person, and/or that any Party admits liability or responsibility at any time for any purpose.
13. Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Maryland. The Parties agree that any and all actions arising under or in respect of this Agreement shall be litigated in any state court of competent jurisdiction located in Frederick County, State of Maryland or in the U.S. District Court, Southern District of Maryland located in Frederick County, State of Maryland. The Parties waive objections to jurisdiction and venue to the extent set forth above, and agree to submit themselves to the personal jurisdiction of the aforementioned courts.
14. Miscellaneous. This Service Agreement shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. The provisions of this Service Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Service Agreement may not be altered, amended or modified, except by a written document signed by both parties. This Agreement may be executed in any number of counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument.
15. Terms of use. This Service Agreement acts in accordance with the Terms of Use stated on Carterfamilytravel.com. Company reserves the right to update Terms of Use at any time.
By signing below, the parties acknowledge that they have read, understood, and agree to the terms and conditions of this Service Agreement.
Client: Provider
[Client's Signature] [Provider Signature]
[Client's Printed Full Name] [Provider Printed Full Name]
[Client's Email] [Provider Title]
[Date] [Date]