LOVE, JOY & MAGIC TERMS AND CONDITIONS
BY AGREEING TO TRAVEL SERVICES WITH LJM, CLIENT AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN. ALL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME IN LJM’S SOLE AND ABSOLUTE DISCRETION.
Love, Joy & Magic, LLC (“LJM”) is a Texas limited liability company and the individual, partnership, corporation or limited liability company who retains LJM shall be hereinafter referred to as “Client”. LJM and Client may be referred to herein individually as Party and collectively as Parties.
1. Travel Services:
Subject to the terms and conditions as stated herein, LJM provides the following independent travel consulting services:
a. Planning Services: These basic planning services include a one-on-one consultation, dining and miscellaneous reservations, and a personalized itinerary.
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b. Concierge Service Fees: These concierge services include a one-on-one consultation, dining and miscellaneous reservations, a personalized itinerary and virtual park touring guidance without the use of Genie+.
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c. VIP Concierge Service Fees: Securing on client’s behalf Genie+, obtaining Lightning Lanes and virtual park touring guidance.
d. To the extent Client desires to cancel, amend or rebook an event scheduled on their itinerary, Client shall provide LJM reasonable advance notice, but no less than 2 hours earlier than venue’s policy. Client acknowledges that changes to the itinerary could result in additional fees and costs by venue, or venue, in their sole discretion, may not agree to amend the reservation or provide a date and/or time to rebook the event. LJM will use reasonable and good faith efforts on behalf of Client to cancel, amend or rebook an event on Client’s behalf.
e. Travel Services not included: Unless otherwise agreed to by LJM, in its sole discretion, Travel Services shall not include air travel and any baggage fees, hotel booking, transportation, taxes, gratuities, travel insurance, visa fees or visas obtained upon arrival, or any other item not specified in the itinerary.
2. FEES:
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a. Client shall pay a one-time non-refundable travel consulting fee as specified in the Fee Schedule at time of the initial consultation. Client shall pay any and all remaining fees to LJM no later than seven (7) days prior to the applicable travel dates listed on Client’s itinerary. Fees are limited to one travel party group for each day of travel where Travel Services are rendered. To the extent Client requests Travel Services for multiple groups, Client acknowledges that each travel party group requires LJM to perform additional Travel Services beyond the scheduled itinerary and therefore, additional fees may be required. The Travel Services Fee Schedule shall be provided to Client or posted via LJM’s website at www.lovejoyandmagic.com.
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b. Client acknowledges and agrees that Client may incur additional fees and costs associated with arrangements made by LJM. Any such fee and/or cost shall be borne solely by Client. By way of example, if LJM makes a dinner reservation and Client does not attend the dinner reservation at the scheduled time or provide notice to LJM in reasonable time to comply with the restaurant’s cancellation policy, Client may be subject to a cancellation fee. Such fee is solely the obligation of Client.
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3..General Terms and Conditions:
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a. The Parties hereto acknowledge and agree that LJM is an independent contractor in the performance of the Travel Services for which the LJM is solely responsible for its actions and inactions. There is no employer / employee relationship between the Client and LJM. LJM is solely and expressly responsible for rendering the Travel Services contemplated herein in accordance with all applicable federal, state and local laws, rules and regulations. LJM is not affiliated with any third-party entities where Travel Services are offered.
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b. LJM makes no guarantees and is not responsible whatsoever for any event, action, inaction, cancellation, modification, or other performance or nonperformance for any venue or activity that is scheduled by LJM and included within Client’s itinerary. Client acknowledges that LJM has no control of a venue and/or event. LJM shall not be liable for any failure or delay in performing an obligation herein, or for any venue’s performance of a scheduled itinerary item or event whatsoever, which also includes any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
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c. Client agrees that LJM may be required to access venues via Client’s subscription to the venue’s app or website. Furthermore, Client agrees that LJM and their employees, directors, officers, subcontractors (together “Personnel”) shall be considered Client’s authorized user for any necessary app or website of venue. Client agrees to provide Personnel any applicable login and/or password information as required to perform Travel Services. Client agrees that LJM and their Personnel shall not be liable to Client or any third-party for the use of venue’s app or website in performance of Travel Services.
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d. Client agrees that LJM may want to use certain images of Client and/or individuals associated with Client on LJM’s website and/or marketing materials, which includes but is not limited to, mailing flyers, emails, or general advertisements directed to the public. Client expressly authorizes LJM to use the image or likeness of said individual until Client revokes its approval, in their sole discretion. Once revoked, LJM will use reasonable measures to promptly remove said image from its website and future marketing materials, as applicable.
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e. Should any part or provision of these Terms and Conditions, for any reason, be declared invalid or illegal, such invalidity or illegality shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect.
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f. Client agrees to defend and indemnify LJM and its Personnel from and against any claims, causes of action, demands, recoveries, losses, damages, fines penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, brought by third parties as a result of your breach of these Terms and Conditions or the documents referenced herein or your violation of any law or rights of a third-party.
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g. The terms and conditions as herein stated, shall be construed and enforced in accordance with the laws of the State of Texas. In the event of any legal action or proceeding arising out of this agreement, the parties agree that the state court forum for said litigation shall be in Collin County, Texas, in the court of appropriate jurisdiction, and that the federal court jurisdiction shall be in the Eastern District of Texas in Collin County, Texas. The parties hereto submit to the exclusive jurisdiction of such courts and hereby waive any objection or defense to such jurisdiction or venue, including any defense based upon inconvenient forum.