Parties. The Parties to this Agreement are Client listed on the signed Service Agreement/Credit Card Authorization Form and any person designated by the Client, collectively referred to as “Client”, and Alacrity Lifestyles, LLC., a limited liability company, whose address is 900 E Pitkin Street, #101, Fort Collins, CO. Alacrity Lifestyles, LLC, an independent affiliate of The Travel Society, includes its officers, employees, agents, parent, affiliates, subsidiaries, representatives and insurers, collectively referred to as “Alacrity Lifestyles, LLC.” Alacrity Lifestyles, LLC and Client are sometimes hereinafter collectively referred to as the “Parties.”
Services. Alacrity Lifestyles, LLC offers a range of services including and not limited to travel arrangements, lifestyle management, concierge, personal assistant, organizing, and event planning services. (‘Services”)
- Travel Designs and Arrangements. Alacrity Lifestyles, LLC makes travel arrangements on Client’s behalf. As such, Alacrity Lifestyles, LLC acts solely as an agent for the airlines, hotels, transport companies, including but not limited to: bus, rail, and other ground or air operators, cruise lines, car rental agencies, tour operators providing any accommodations, transportation, excursions, or other services and service providers including insurance protection, visa, and passport services.
- Lifestyle Management Services. Alacrity Lifestyles, LLC provides lifestyle management services including and not limited to a concierge, personal assistant, home management, organization and pet services for the Client. These services are provided by Alacrity Lifestyles, LLC and sub-contractors. Alacrity Lifestyles, LLC utilizes providers such as grocery stores, ticket brokers, restaurants, organizing, and hardware stores and contracts with or make referrals to outside service professionals such as massage therapists, handy-people, plumbers, electricians, movers, interior designers, organizers, bookkeepers, CPAs, etc…
- Special Event Management. Alacrity Lifestyles, LLC provides event management, planning, and coordination services. As such Alacrity Lifestyles, LLC acts solely as an agent for the venues, catering, florists, musician, photographers, videographers, including but not limited to accommodations, and other services and service providers.
Alacrity Lifestyles, LLC will not perform any service that is illegal and questionable, unethical, poses an unnecessary danger to any person, animal, or property, or is not covered by our insurance. Alacrity Lifestyles, LLC further reserves the right to decline any request at its sole discretion. We always try to provide all services in a timely manner, however, at times we have several requests at once and have to postpone or decline service requests.
Compensation and Fees. Client agrees to pay Alacrity Lifestyles, LLC Non-refundable fees as follows:
- Travel Designs and Arrangements. Client agrees to pay Alacrity Lifestyles, LLC a Travel Planning Fee, unless waived by contract. The Planning Fee paid to Alacrity Lifestyles, LLC by Client is exclusively for the purpose of relying on Alacrity Lifestyles, LLC’s experience and expertise to assist Client in developing a travel itinerary known as the “Travel Event” subject to Client’s approval.
- Lifestyle Management Services. Client agrees to pay a per-person-hourly rate or a packaged rated for Lifestyle Services. Services provided during business hours Monday -Friday 9:00 AM – 6:00 PM will be billed at a regular rate. Services provided after or before business hours and on weekends will be incurred at a rate of 1.5x the regular rate. In addition, a charge of Eighty Cents ($0.80) per driven mile will be assessed.
- Special Event Management, Planning, and Coordination. Client agrees to pay Alacrity Lifestyles, LLC a Special Event Management Fee. The Special Event Management Fee paid to Alacrity Lifestyles, LLC by Client is exclusively for the purpose of relying on Alacrity Lifestyles, LLC’s experience and expertise to assist Client in planning and coordinating a special event such as a wedding, birthday party, anniversary or reunion known as the “Special Event” subject to Client’s approval.
The client will be directly billed for expenses attributable to the specific service or product being provided. All payments to Alacrity Lifestyles, LLC will be made in the form of cash, check or online ACH or credit card Transaction.
Alacrity Lifestyles, LLC’s travel arrangement, lifestyle management, and special event management fees do not include any costs, charges, or incidental fees for Travel Suppliers, Service Providers, ticketing fees, supplies, purchases, Event Suppliers or any additional costs. These costs will be required to be paid directly to the service and product suppliers and providers prior to services, prepaid via Alacrity Lifestyles, LLC, or in some circumstances Alacrity Lifestyles, LLC will bill for these reimbursements separately and Client will incur a 10% handling fee. This services and products shall not be secured until Client makes payment.
All accounts must be secured with a credit card. If a voluntary payment is not received within 15 days of the due date, it is understood that the payment due plus a 10% handling fee will be charged to the credit card on file. Accounts 30 days past due will incur finance charges of 1.75% per month from the date of the invoice.
Non-sufficient funds or returns will be charged a $45 processing fee for the first return and a $100 processing fee for subsequent returns to cover the costs associated with the issue.
Any funds received in foreign funds are subject to an exchange fee.
Client Responsibilities. The client will effectively communicate their needs with Alacrity Lifestyles, LLC.
Client agrees to provide Alacrity Lifestyles, LLC and Alacrity Lifestyles, LLC’s employees and contractors with access to all information, properties, facilities, and equipment deemed necessary or advisable by Alacrity Lifestyles, LLC to provide the Services.
Client agrees that it is solely responsible for providing accurate information for the Services. This includes but is not limited to: names, passport numbers, dates of travel or events, departure and arrival location, security alarm codes, personal and pet medical conditions, special instructions, and any other any other information requested to provide the best services possible by Alacrity Lifestyles, LLC. Any inaccurate information Client provides or a failure to provide information, and the consequences of doing are the sole responsibility of Client and not the obligation or liability of Alacrity Lifestyles, LLC
If Client fails to provide accurate information regarding any document, contract, confirmations or needs to make changes to the Travel Event, Special Event or Lifestyle Service after approval of same, Client agrees it will be charged additional Fee(s) for those correction changes at the rate of $100 per correction change. Suppliers may also have an additional change fee of their own. The additional Fee is in addition to any other changes in the cost to the Suppliers as a result of Client’s request.
Further, Client agrees that any changes that are required as a result of Client’s providing inaccurate information to Alacrity Lifestyles, LLC that result in additional fees, penalties or cancellation of any part or all of the Travel Event, Special Event by any Suppliers are the sole responsibility of Client. Client expresses releases Alacrity Lifestyles, LLC from any such liability.
Fees paid by Client for planning and booking a Travel Event, Special Event or service and for the Suppliers are not an obligation of Alacrity Lifestyles, LLC to guarantee the quality or timing of the Events and Services including delays or cancellation of such Events or Services in whole or part.
The client has or will receive a summary of charges for the Events and Suppliers and agrees to the obligation of Alacrity Lifestyles, LLC is limited to remitting such charges to the Suppliers identified in the itinerary, service request, or to a third party that shall make such remittance. Upon remittance of fees to the Travel Suppliers in accordance with the itinerary and persons listed in the proposal, Client agrees that Alacrity Lifestyles, LLC has met all of its obligations under this Agreement. As a precondition to this obligation, Client agrees to make payment to Alacrity Lifestyles, LLC on or before the stated deadline dates for payment.
Cancellations & Changes: Changes after confirming a booking for a reservation, event or service may incur an additional change fee or charge. In the event of a **complete trip cancellation** for Travel Arrangements that have been confirmed for a Complete Package or Custom Package Itinerary or a “complete special event cancellation” of Special Event, Client agrees to pay Alacrity Lifestyles, LLC a cancellation fee of $100 per person or $300 per special event. Client acknowledges and accepts all supplier cancellation penalties; all or part may be Non-Refundable.
Notices and Policies. Alacrity Lifestyles, LLC agrees to provide Client with a current copy of their Notices and Policies. Any future changes to the Notices and Policies will be posted online at alacritylifestyles.com and automatically become effective five (5) days after they are posted. Client agrees to read the Notices & Policies and agrees to the terms within.
Relationship of the Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto. Alacrity Lifestyles, LLC shall be providing all services hereunder as an independent contractor.
Warranties and Disclaimers. Alacrity Lifestyles, LLC makes no representations or warranties hereunder except that it has the competency and skill necessary to perform the services and shall utilize professional skill, diligence and care to ensure that all services are scheduled and completed to the satisfaction of Client, and that all services provided under this Agreement shall be performed with due diligence and in a good and workmanlike manner, in accordance with recognized industry standards. Alacrity Lifestyles, LLC makes no representation or warranties, express, implied or otherwise, concerning the results of the services provided hereunder. Alacrity Lifestyles, LLC specifically disclaims any responsibility for, and Client specifically waives any claims related to losses that may be suffered by Client as a result of services provided or Alacrity Lifestyles, LLC’s personnel in providing such services (except those directly caused by the gross negligence or willful misconduct of Alacrity Lifestyles, LLC).
Alacrity Lifestyles, LLC services include Travel Suppliers, Service Providers, Event Suppliers, and subcontracting services to other businesses and professionals. Before subcontracting the services to such businesses and professionals, Alacrity Lifestyles, LLC shall conduct relevant diligence and background checks. If the sub-contractor is a business, they will be verified with the Better Business Bureau and required to have references. Individuals are required to pass a criminal record check. Alacrity Lifestyles, LLC shall not assign to Client any such businesses or professionals who fail such background checks. Alacrity Lifestyles, LLC shall ensure that its employees, agents, and sub-contractors provide the services and all related aspects thereof in accordance with the terms of this Agreement, in a proper, efficient, safe and workmanlike manner, and in accordance with good industry practices, and all specific instructions given by Alacrity Lifestyles, LLC from time to time. No subcontract shall relieve Alacrity Lifestyles, LLC of its obligations under this Agreement. Each of Alacrity Lifestyles, LLC and all of its agents and subcontractors shall be insured, bonded and carry workers compensation, if necessary for their trade, for the performance of the services. Alacrity Lifestyles, LLC may receive commissions or other benefits from subcontractors and Travel Suppliers, Service Suppliers, and Event Suppliers, Client understands and agrees that are independent providers and do not act on behalf of Alacrity Lifestyles, LLC, are not servants, agents or employees of Alacrity Lifestyles, LLC, and are not in a joint venture or an affiliate of Alacrity Lifestyles, LLC. Client acknowledges and agrees that Alacrity Lifestyles, LLC does not own, operate, or in any manner exercise any control or influence over third-party suppliers or vendors and, therefore, Alacrity Lifestyles, LLC shall not be responsible for the acts or omission of such suppliers or vendors.
Alacrity Lifestyles, LLC shall, in carrying out the services, comply with all applicable laws, statutes, regulations, rules, codes, and standards applicable to the services, including without limitation all personal information and privacy laws and regulations. Alacrity Lifestyles, LLC acknowledges that certain confidential information of Client and its respective family members, employees, travelers have been or will be made available in connection with this Agreement for the sole purpose of providing requested services. Alacrity Lifestyles, LLC hereby agrees that it will not, either during the course of this Agreement or at any time thereafter, disclose any confidential information, in whole or in part, to any person or entity, for any reason or purpose whatsoever, unless authorized in writing to do so by Client or its respective family members, employees, and/or travelers. Alacrity Lifestyles, LLC further agrees that it shall not use any confidential information for Alacrity Lifestyles, LLC’s own purposes or for the benefit of any other person or entity, except Client, whether such use consists of duplication, removal, oral use or disclosure, the transfer of any confidential information in any manner, or any other unauthorized use, unless Client shall have given its prior written consent to such use. All documents containing confidential information shall be returned or destroyed at the option of Client or its respective family members, employees, and/or travelers as applicable.
Indemnity by Client. Client agrees to release, indemnify, defend and hold harmless Alacrity Lifestyles, LLC and its officers, agents, shareholders, employees and directors from and against any and all losses, penalties, fines, costs, expenses (including reasonable attorneys’ and consultants’ fees), claims, damages, liabilities and judgments arising (directly or indirectly) out of or resulting from: (i) the services to be provided by Alacrity Lifestyles, LLC under this Agreement, including, without limitation, the acts or omissions (negligent or otherwise) of the officers, agents or employees of Alacrity Lifestyles, LLC, which have not directly resulted from their gross negligence or willful misconduct, (ii) the acts or omissions (negligent or otherwise) of Client, its employees or its agents or (iii) Clients’ breach of any representation, warranty, covenant or agreement contained in this Agreement or any contract, arrangement or agreement made on behalf of Client by Alacrity Lifestyles, LLC. This provision shall survive the expiration or termination of this Agreement. In the unlikely event that the Client has a dispute with Alacrity Lifestyles, LLC, Client hereby agrees that the dispute shall be settled by arbitration through an arbitrator in Larimer County, Colorado.
Limitation of Liability. Neither Alacrity Lifestyles, LLC nor any personnel provided by Alacrity Lifestyles, LLC shall be liable for any incidental, special or consequential damages resulting from or related to this agreement or the services provided hereunder. Client hereby acknowledges and agrees that its recourse against Alacrity Lifestyles. LLC for a breach of the agreement shall consist solely of the right to demand a refund of any and all amounts paid by the Client to Alacrity Lifestyles, LLC pursuant to section 3 above. The total liability of Alacrity Lifestyles, LLC (and all employees, agents or personnel provided by Alacrity Lifestyles, LLC) to Client resulting from or relating to this agreement or the services provided hereunder shall in no event exceed in the aggregate the amount paid by Client to Alacrity Lifestyles, LLC under this agreement. The parties acknowledge that there are no third-party beneficiaries to this agreement.
Miscellaneous. (a) except for the payment of the fees due hereunder, performance hereunder shall be extended for a period of time equal to the delay caused by or resulting from acts of God, war, civil disruption, casualty, telephone or electric service interruptions or malfunctions, labor difficulties, shortages of energy, labor, materials or equipment, government regulations, delays caused by either party to the other, or causes beyond the control of such party; (b) Client may not, by operation of law or otherwise, assign this Agreement, nor any rights or interests hereunder, without the prior written consent of Alacrity Lifestyles, LLC; (c) this Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, notwithstanding the principles of conflicts of law; (d) this Agreement, together with all exhibits and schedules attached hereto, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and this Agreement may not be modified except by a writing executed by the parties hereto; (e) this Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument, binding on all parties to this Agreement, notwithstanding that all parties may not have executed all counterparts or the same counterpart; and (f) the individual consenting to the services on behalf of Client has the full right, power and authority to consent to this Agreement and to bind Client to the terms hereof.