CLUVENTURE TRAVEL, LLC Engagement Agreement
By entering this Engagement Agreement (“Agreement”) with CLUVENTURE TRAVEL, LLC (“CLUVENTURE”), a Michigan Limited Liability Company, located in Kalamazoo, Michigan, I agree to the following terms for services and products provided by CLUVENTURE.
Client Information: I acknowledge and understand that relevant client information for each participant or traveler may be required by CLUVENTURE to provide certain services and products. I agree to provide CLUVENTURE with all such client information that it requests prior to a travel or service date.
Services and Products: CLUVENTURE shall provide all services and products contemplated by this Agreement. CLIENT acknowledges that all services and products will be organized and scheduled by CLUVENTURE, with limited input from CLIENT as CLUVENTURE requests. The Parties further acknowledge that this Agreement is entered for the purpose of the engagement of CLUVENTURE’S services and that all subsequent written agreements signed by the parties shall be incorporated herein. CLUVENTURE reserves the right to amend any proposals or agreements regarding the individualized services to reflect updated services, products, and required payment.
Terms and Conditions:
- Pricing. CLUVENTURE strives to provide potential clients with an accurate and current schedule of service prices. CLUVENTURE reserves the right to amend all prices based on increases in service and product costs.
- Price Quotes. All prices quoted are based on the services that may be provided to CLIENT as of the Effective Date of this Agreement. If services or products are deleted or added, prices are subject to change to reflect the new cost(s). All payments are non-refundable unless otherwise agreed to in writing by the Parties.
- Delays and Losses. CLUVENTURE shall not be liable for any delay or failure to perform all or any part of this Agreement for any event that occurs outside of CLUVENTURE’s control, including, but not limited to:
- Travel cancellation, delay, failure, damage, loss, cost, diminished quality of service, or expense that results from weather; or
- Travel cancellation, delay, failure, damage, loss, cost, diminished quality of service, or expense that is the proximate result of any fire, flood, act of God, revolution, riot, civil disorder, vandalism, act of enemies, terrorism, or labor dispute; acts or omissions of CLIENT.
If any of the above described events occur, CLUVENTURE reserves the right to keep all funds paid by CLIENT.
- Limitation of Liability. In the event of default on part of CLUVENTURE, including but not limited to, equipment failure, personal injury, illness, or errors of any kind, CLUVENTURE’s liability is limited to a refund of funds paid by CLIENT at the time of default. CLUVENTURE’s liability, as a result of any claims, delays, liability, loss, and/or expense asserted or incurred as a result of default, negligence, and/or wrongdoing of CLUVENTURE, its agents, employees, subcontractors, suppliers, or persons acting under any of them, is limited to the amount of funds paid by CLIENT. CLUVENTURE is not liable for any defects, claims, liability, loss, and/or expense asserted or incurred as a result of default, negligence, and/or wrongdoing of CLIENT, CLIENT’S agent or any third party.
- Third Party Liability. Client shall indemnify, defend, and hold CLUVENTURE, its employees, officers, directors, agents, employees, subcontractors, suppliers, or persons acting under any of them harmless from any loss, cost, expense, or damage claimed by third parties for property damage and/or bodily injury, including death, to the proportion extent such loss, cost, expense, or damage arises from the negligence or willful misconduct of anyone other than CLUVENTURE.
- Cost of Enforcement. Client shall pay all costs and expenses, including all attorney fees, incurred by CLUVENTURE in enforcing the provisions of this Agreement or in recovering any claims or damages arising from CLIENT’S breach of this Agreement.
- Dispute Resolution; Jurisdiction and Venue. This Agreement shall be governed and controlled by the laws of the State of Michigan. Any dispute between CLUVENTURE and CLIENT related to this Agreement, including the interpretation of this Agreement and the adequacy of any performance under this Agreement, shall be resolved by arbitration before a single arbitrator who is mutually acceptable to CLIENT and CLUVENTURE. The decision of the arbitrator on any dispute shall be final and binding on the Parties and enforceable in any court of appropriate jurisdiction. Notwithstanding the aforementioned, CLIENT and CLUVENTURE hereby agree to mediate any dispute related to this Agreement prior to initiating said arbitration. Should it become necessary for CLUVENTURE to employ an attorney to enforce any of the conditions or covenants hereof, including, but not limited to, collections, arbitration or mediation, Client agrees to pay all expenses so incurred, including all attorneys’ fees. If, for any reason, any dispute arising out of or relating to this Agreement shall be subject to litigation, said litigation shall be conducted exclusively in Kalamazoo County and the Parties consent to such jurisdiction and venue.
- Notices. All notices, deliveries, or tenders given or made in connection with this Agreement shall be deemed complete and legally sufficient if sent electronically, mailed by ordinary First-Class Mail, or delivered personally to the party at the addresses identified above.
- Entire Agreement; Amendment. This Agreement contains the entire agreement of the Parties. All prior and simultaneous negotiations are merged in this Agreement. This Agreement may be modified or amended only by a written document signed by the Parties.
- Non-Assignability. This Agreement may not be assigned, in whole or in part, by either party, without written consent from the other.
- Severability. If any term, covenant, or condition of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in effect; each term, covenant, and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Binding Effect. This Agreement shall bind and benefit the Parties, and their successors, heirs, and representatives.
- Effective Date. This Agreement shall be binding on the date that both Parties’ signature is affixed to this Agreement.
- Counterparts; Electronic Transmission. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered by facsimile or electronic transmission, and a facsimile or electronic version of this Agreement or of a signature of a party will be effective as an original.