THAILAND 2027
Ashley Jones LLC
Engagement Agreement, Waiver, Release of Liability, and Covenant Not To Sue
BY ACCEPTING THE TERMS OF THIS DOCUMENT, I acknowledge reading, understanding, and accepting the terms herein in consideration and on behalf of my participation in the Travel Girl Gang: Thailand 2027.
AGREEMENT TO PARTICIPATE AND LIABILITY WAIVER — I understand that Ashley Jones LLC is serving solely as a host responsible for the organization and booking of hotels, tours, and domestic transportation within Thailand from the dates January 21, 2027 - February 2, 2027. I also understand that Ashley Jones will be the host on site. By accepting the terms, I hereby acknowledge and agree that I am solely responsible for booking and paying for my international flights to and from Thailand and that such international travel to and from Thailand is not included in the Travel Girl Gang: Thailand 2027 trip price provided by Ashley Jones LLC.
By accepting the terms, I hereby acknowledge and agree that Ashley Jones LLC is acting as an agent only for the relevant tours, accommodations, and domestic transportation services (each entity or individual which supplies such services a “Supplier”). Each Supplier may have its own terms and conditions that are applicable to you. Such Suppliers are independent of Ashley Jones LLC that have only been selected by Ashley Jones LLC. By accepting the terms, I hereby acknowledge and agree that I have been advised that these third-party Suppliers of tours, accommodations, and domestic transportation within Thailand are those who are actually responsible for providing the tour, accommodations, and transportation services I have purchased. I acknowledge and agree that my only legal recourse for such tour, accommodation, and domestic transportation services are against the specific travel service provider and not Ashley Jones or its employees, directors, officers, agents or affiliates.
I consent to and request the use of those third-party Suppliers in coordination with the hosting provided by Ashley Jones LLC and agree not to hold Ashley Jones LLC, nor Ashley Jones, individually, liable and/or responsible should Ashley Jones LLC, Ashley Jones, and/or any of these suppliers:
1. Fail to provide the travel services I have purchased;
2. Fail to comply with any applicable law; and/or
3. Engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience.
In consideration of the travel planning services provided to you and with full knowledge and acceptance of the risks associated with travel, you hereby release, indemnify, hold harmless and covenant not to sue Ashley Jones LLC, its officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly, from all claims, suits, expenses, attorneys’ fees and demands of any nature (including negligence) caused by, deriving from, or associated with you travel and/or Ashley Jones LLC providing of the services. You make these covenants, release and waivers knowingly and voluntarily. 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. By accepting the terms, I hereby verify, agree, and accept that neither Ashley Jones LLC nor Ashley Jones, individually, shall be held responsible and/or liable for any injury, illness, damage or loss I may suffer on account of any conditions, actions or omissions that are beyond the reasonable control of Ashley Jones LLC and/or Ashley Jones, including, but not limited to resulting directly or indirectly from any acts of God, fire, breakdown in machinery or equipment, acts of government or other authorities, wars whether declared or not, hostilities, acts of nature, animals, criminal acts, acts of terrorism, civil disturbances, strikes, riots, thefts, pilferage, loss or damage to baggage, illness, allergic reactions, disease, epidemics, quarantines, medical or customs regulations, financial defaults of service providers, delays or cancellations of or changes in itinerary or schedules, any act of negligence or breach of contract by any independent third party who is to or does supply any goods or services for your trip, or for any loss or damage resulting from insufficient or improperly issued passports, visas or other documents.
LIMITATION OF LIABILITY — IN NO EVENT SHALL ASHLEY JONES LLC ITS OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, OR AFFILIATES (“COMPANY PARTIES”) HAVE ANY LIABILITY TO YOU 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, ANY COMPANY PARTY’S ACTS OR FAILURE TO ACT, TRAVEL SUPPLIERS’ 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 PARTY’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.
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, or (b) your violation of any law or rights of any third party.
TRAVEL DOCUMENTS AND REGULATIONS — By accepting the terms, I hereby acknowledge and agree that I understand that the Transportation Security Administration (TSA) requires me to carry a government issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I further acknowledge and agree that I have been advised that on May 3, 2023, travelers will need a "REAL ID-compliant" driver's license, US passport, US military ID or other accepted identification to fly within the United States. I understand that if traveling internationally, I must have a valid passport and that depending upon my destination and nationality, I may need to obtain one or more visas. I hereby acknowledge and agree that I have been advised that passport and visa information for U.S. citizens may be obtained by contacting the Travel Advisory Section of the U.S. State Department or by visiting the State Department's website. I have also been advised that Non-U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. Additionally, I hereby acknowledge and agree that I have been advised that it is my sole responsibility to obtain medical information to determine any medical restrictions and/or vaccinations that may be required for my individual travel.
I understand that I have reviewed my travel documents for accuracy upon receipt and confirm that all of my travel documents are accurate.
PAYMENT INFORMATION — By accepting the terms, I hereby acknowledge and agree that all amounts paid to Ashley Jones LLC are NON-REFUNDABLE.
If I have selected to pay via the payment plan, I acknowledge and agree that as of signing this agreement that I am obligated to pay the full purchase price which is to be paid to Ashley Jones LLC at the time of executing this agreement. Any payments not received by Ashley Jones LLC within twenty-one (21) days after becoming due shall accrue interest at a rate of 5% per month, or if lower, the maximum amount permitted under applicable law, and you will indemnify Ashley Jones LLC for its costs, including reasonable attorney’s fees and disbursements, incurred in connection with collection of such unpaid amount. In addition, if payments are not received by Ashley Jones LLC within thirty (30) days after they become du, Ashley Jones LLC, in its sole discretion may cancel this Agreement.
By accepting the terms, I further understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money.
I understand that airline tickets, air tours and/or other products I am purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government.
I acknowledge that I may be charged additional sums by Ashley Jones LLC to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize Ashley Jones LLC to charge my credit card for such additional amounts.
If the Travel Girl Gang: Thailand 2027 is cancelled due to circumstances outside of the control of Ashley Jones LLC, a make-up trip will be guaranteed by Ashley Jones LLC within a reasonable period of time, not to exceed two (2) years, depending on current global and/or domestic travel restrictions. By accepting the terms, I hereby understand and agree that if a makeup trip must be scheduled, that travel fees for tours and accommodations may change depending on travel dates and that I am fully responsible for any differences in costs that may arise due to rescheduling.
I have been advised to use a credit card, as this may offer me the opportunity to dispute any charge individually paid to the actual supplier and/or vendor of such services should a supplier or vendor cease operating or cancel the purchased service.
IMAGE RELEASE — I agree to grant to Ashley Jones LLC and Ashley Jones and its authorized representatives permission to record on photography film and/or video, pictures of my participation in the trip. I further grant the Ashley Jones LLC and Ashley Jones permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Ashley Jones LLC and Ashley Jones and will not be returned. I hereby irrevocably authorize the Ashley Jones LLC and Ashley Jones to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. Further, in the event that you sends images, videos or photographs (collectively “Images”) from the trip to Ashley Jones LLC or an agent of Ashley Jones LLC, you agree that Ashley Jones LLC may use such Images on Ashley Jones LLC’s website, blog, social media and any other means of promotion of Ashley Jones LLC’s business. You waive any right to payment, royalties or any other consideration for the use of the Images. You hereby hold harmless and releases and forever discharges Ashley Jones LLC and its agents from all claims, demands and causes of action which you or any other person acting on your behalf have or may have related to the Images.
PARTIAL INVALIDITY — In the event that any provision of this Agreement is deemed to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions of this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect.
GOVERNING LAW; VENUE; MEDIATION — This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina within the USA, regardless of the conflict of laws principles thereof.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Raleigh, North Carolina or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
ASSIGNMENT — This Agreement binds and shall inure to the benefit of the parties’ successors and assigns. This Agreement is not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS — This Agreement constitutes the entire agreement between you and Ashley Jones LLC pertaining to the services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Ashley Jones LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Ashley Jones LLC. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
CAUTION - READ BEFORE ACCEPTING THE TERMS!
YOU HAVE CAREFULLY READ AND VOLUNTARILY SIGNED THIS AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. YOU ARE AWARE THAT BY AGREEING TO THIS AGREEMENT YOU IS GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM ASHLEY JONES LLC IN CASE OF ILLNESS, INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 WHILE TRAVELING AND ANY ILLNESS, INJURY, OR DEATH RESULTING FROM IT. YOU ARE FULLY INFORMED OF THE RISKS INVOLVED IN TRAVELING TO DECIDE WHETHER TO SIGN THIS DOCUMENT. YOU UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.BY ACCEPTING THE TERMS OF THIS DOCUMENT, I HEREBY ACKNOWLEDGE AND AGREE THAT IF I AM INJURED OR BECOME SICK OR MY PROPERTY IS DAMAGED DURING PARTICIPATION IN THE TRAVEL GIRL GANG: THAILAND 2027 TRIP, I SHALL BE FOUND, IN A COURT OF LAW, TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ASHLEY JONES LLC AND ASHLEY JONES, INDIVIDUALLY, ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED ALL INDIVIDUALS AND ENTITIES LISTED HEREIN. I HAVE READ AND FULLY UNDERSTAND THIS ENTIRE DOCUMENT, AND I AGREE TO BE LEGALLY BOUND BY ITS TERMS.