Travel Client Agreement

This Agreement (“Agreement”) is made by and between Magic Haven Travels LLC (“Company”), and you, the purchaser and/or traveler, on behalf of themselves, their minor children, and any personal representatives, heirs, and next of kin (hereinafter referred to as “Client”).

1. Relationship. Company will provide travel booking services to Client. Client understands and agrees that results are not guaranteed. Client understands and agrees that Company acts as an intermediary for Travel Suppliers, including but not limited to airlines, hotels, car-rental companies, tour operators, cruise lines, travel destinations, or other service providers listed in Client’s booking. Company is not responsible for acts or omissions of the Travel Suppliers or their failure to provide services. Client consents to and requests the use of those Suppliers and agrees not to hold Company responsible should any of these Suppliers: 1) fail to provide the travel services purchased; 2) fail to comply with any applicable law; 3) engage in any negligent act or omission that causes any sort of injury, damage, delay or inconvenience; 4) impose additional price increases or restrictions on participation or entry. This clause shall survive any termination of the Agreement.

2. Fees. As consideration for the travel booking services to be provided by Company, Client shall pay to Consultant the amount of $0. This is required to begin work.

3. Communication Policies. Company is available Monday through Friday from 9am to 5pm Eastern Standard Time. Please allow one to two business days response time. In the event of emergencies, please contact 910-518-0110.

4. Cancellation. Either party may cancel this Agreement at any time. In the event of such termination, Consultant shall be paid for any Services that have been completed and fees that have been paid to third parties prior to the Consultant’s awareness of the termination notice.

5. Affiliate Notice. We may receive financial compensation or free products or services with the Travel Suppliers. We are highly selective in the recommendations that we make and will only provide honest recommendations.

6. Client Prerequisites. Client will review all travel documents for accuracy upon receipt. Client understands that the Transportation Security Administration (TSA) requires that Client carry a government issued identification card in order to board a flight. Client has been advised that the name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline tickets and in booking records. Client acknowledges that failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing missed flight and additional costs. Client understands that, if traveling internationally, Client must have a valid passport and, depending upon Client’s destination and nationality, Client may need to obtain one or more visas or vaccinations.

7. Travel Insurance. Company strongly recommends that Client purchase travel insurance to cover risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency. Company strongly recommends purchasing your travel arrangements with a credit card, in order to exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.

8. Company Information. Client understands and confirms that Company has provided Client with the best available information at the time regarding travel. Company has no special knowledge of the financial condition, unsafe conditions, health hazards, weather hazards, or climate extremes of the Travel Suppliers or Client’s travel destinations. Client understands and agrees that any and all information provided by Company is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Company disclaims all liability and responsibility arising from any reliance placed on such information. Any reliance that Client places on such information is strictly at their own risk. For information concerning possible dangers at destinations, Company recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, Company recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. Client assumes full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Client’s destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). This clause shall survive any termination of the Agreement.

9. Cancellation. Client understands and acknowledges that Travel Suppliers have their own policies, penalties, fees, and terms and conditions covering cancellations and changing travel arrangements. Client understands and agrees that they are bound by these Supplier policies, penalties, fees, and terms and conditions, regardless of whether Client has received notice of them, and Client agrees not to hold Company responsible for any Supplier policies, penalties, fees, and terms and conditions. This clause shall survive any termination of the Agreement.

10. Force Majeure. Company shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond their reasonable control, including, without limitation, acts of God; fire; flood; natural disaster or emergency; hurricane; tornado; severe storm; earthquake; act of war, invasion or hostilities (whether war is declared or not); sabotage; explosions; government actions; terrorist threats or acts; revolution or insurrection; riot or civil unrest; epidemic or pandemic; lockouts, strikes or other labor disputes (whether or not relating to Company or Company’s workforce); interruption or failure of utility or telecommunications service (for example, Internet failures); or failure of suppliers, subcontractors, and carriers to substantially meet their performance obligations.

11. Acknowledgement Of Risk. Client acknowledges that travel may involve risk and exposure to injury and possibly death, which may be caused by the negligence of the owners, employees, contractors, or agents of Company or the negligence or participation of third party participants. Client acknowledges that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that the location of any given trip may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Client’s daily life. These inherent risks include, but are not limited to, negative treatment by third parties, as well as the dangers of serious personal injury, death, and property damage resulting from, but not limited to: travel; physical exercise and exertion; physical contact with other travelers or third parties; communicable illnesses, including but not limited to COVID-19; severe allergies; animal or insect-borne illnesses; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with travel; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to dining, including, but not limited to, food sickness, allergic reactions, and/or choking (collectively the “Injuries and Damages”). Client acknowledges that the aforementioned Injuries and Damages are potential in connection with recreational activities that may take place during the trip and that Client’s safety, physical health, or emotional wellbeing cannot be guaranteed while traveling and participating in related activities.

Client confirms they are physically and mentally capable of participating in their booked travel, that they are willingly and knowingly electing to participate in the travel in spite of the potential risk of Injuries and Damages, and they willingly and voluntarily assume full responsibility for any Injuries or Damages suffered by Client or caused by Company, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of Company.

CLIENT UNDERSTANDS THAT THEY ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT CLIENT MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF COMPANY.

12. Miscellaneous.

The following clauses shall survive any termination of the Agreement:

(a) LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO CLIENT, CLIENT’S HEIRS, ASSIGNS, OR PERSONAL REPRESENTATIVES FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, COMPANY’S ACTS OR FAILURE TO ACT, TRAVEL SUPPLIER’S ACTS OR FAILURE TO ACT, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(b) Indemnification. Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to this Agreement.

(c) Venue; Governing Law. For any legal action regarding this Agreement, the exclusive venue shall lie in Duplin County, North Carolina. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of North Carolina, without giving effect to principles of conflicts of law.

(d) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.

(e) Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.