Quality Comfort Transportation LLC

TERMS AND CONDITIONS

This Agreement ("Agreement") is between you and your guests ("Client") and Quality Comfort Transportation, LLC ("Quality Comfort"). Client's signature confirms Client's agreement to be bound by these terms and conditions of this Agreement.
This Agreement applies to Quality Comfort's employees, agents, servants, and members.
Client agrees to be transported in Quality Comfort's party bus. ("Services").
GENERAL TERMS AND CONDITIONS
Participation. Client acknowledges that participation in the Services is entirely voluntary, and understands that participation in the Services involves the possibility of injury due to certain inherent risks, dangers, and hazards that cannot be eliminated regardless of the measures and level of care taken to avoid injuries, such as, but not limited to, physical injury and related risks with participation in traveling on roadways and/or highways, the forces of nature, and/or other foreseeable or unforeseeable causes. Client agrees to fully assume these risks, dangers, or hazards, both known and unknown, and assumes full responsibility for Client's participation in the Services. Client agrees that Client will learn and obey all the rules and regulations and will follow all instructions, directions, and request of Quality Comfort's staff.
Lost or Stolen Items. Quality Comfort is not responsible for ensuring protection or security of personal items that are brought on the bus and will not be responsible for lost or stolen items. It is your responsibility to always have possession of your belongings and remove your possessions from the bus upon any departure. If an item is found, you will be notified so you can arrange to pick up your belongings from Quality Comfort. Quality Comfort will keep possession of your belonging for a period of thirty (30) days after which such item(s) will be disposed of, as appropriate.
Smoking and Vaping Policy. Smoking while using Quality Comfort's services may only occur if all occupants are 21 or older and at the discretion of the driver. Quality Comfort reserves the right to remove Client from its bus if Client engages in behavior that could endanger the health and safety of its drivers and other occupants. Any smoking that leads to sickness will not be tolerated and Quality Comfort reserves the right to remove Client and to charge a cleaning service, if necessary.
Misconduct. Inappropriate behavior, including but not limited to physical or verbal assault, threats of violence, sexual conduct, extreme intoxication, illness, excessive noise and/or screaming, harassment, or other behavior deemed to be inappropriate will not be tolerated and will result in removal of Client and/or immediate termination of service.
Illegal Activity. Illegal activity will not be tolerated and will result in removal of Client and/or termination of service.
Alcohol Consumption. Possession, consumption, or use of alcohol while using Quality Comfort's services may only occur if all occupants are 21 or older. Quality Comfort reserves the right to remove Client from its bus if Client engages in behavior that could endanger the health and safety of its drivers and other occupants. Any use of alcohol that leads to sickness will not be tolerated and Quality Comfort reserves the right to remove Client and to charge a cleaning service, if necessary.
Indemnification. Client agrees to be financially responsible for any losses resulting from Client's actions and will indemnify Quality Comfort and its officers, directors, employees, and agents, for any loss or damage caused by Client, including any and all legal fees incurred by Quality Comfort for Client's actions or omission during the Services.
Severability. Should any provision of this Agreement be declared or determined by any court to be invalid or unenforceable, the invalid or unenforceable provision of this Agreement shall be stricken and severed from this Agreement, and all other parts, terms, provisions, and portions of this Agreement shall remain in full force and effect.
By initialing and signing this Agreement, Client agrees that, to the maximum extent permitted under applicable law, Client will be bound by Quality Comfort's General Terms and Conditions and other terms in this Agreement and that Client warrants and represents that Client has made or will make all of Client's guests aware of this Agreement.

WAIVER OF LIABILITY, RELEASE & AGREEMENT NOT TO SUE

By Booking with Quality Comfort Transportation LLC You Agree to the

Terms and Conditions

In consideration for Quality Comfort permitting the Client, as defined above, to use its Services, Client voluntarily agrees for Client, Client's guests, and each of their respective executors, administrators, heirs, next of kin, personal representatives, successors and assigns to the following:
1. To assume full responsibility for any risks or loss, or personal injury, including death that may be sustained by the Client, any loss or damage to property owned by the Client, or action of any kind, which may hereafter accrue as a result of the Client's use of Services under this Agreement, or any personal injury that may occur while using Quality Comfort's services.
2. To release, waive, discharge, hold harmless from liability, agree not to sue, defend, and indemnify Quality Comfort and its employees, agents, servants, and members from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty, or breach of other duty of care, and causes of action whatsoever, that Client might now have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by Client while using Quality Comfort services.
3. In the event of a motor vehicle accident, Client agrees to make any claim against Qualify Comfort only. Client agrees that any potential recovery is limited to the insurance coverage obtained by Quality Comfort.
4. Client, by execution of this Agreement, hereby agrees that any suit, action or other proceeding, whether by claim, counter-claim or otherwise, instituted by Client or Quality Comfort, in any way involving or with respect to this Agreement, or the respective dealings of
the parties in respect thereto, shall be heard before a court and not by jury. Client, by execution hereof, hereby expressly waives any right to trial by jury in any such action or proceeding; Client specifically acknowledges and agrees that this provision is a specific and material aspect of the agreement between Client and Quality Comfort and that Quality Comfort would not enter into this transaction if this provision were not made a part hereof. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY CLIENT, AND THE CLIENT REPRESENTS TO QUALITY COMFORT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY INDIVIDUAL TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT.
5. Exceptions. The foregoing Sections 1 through 2 shall not apply to losses, damages, or injuries that are caused solely by the gross negligence, recklessness, or intentional misconduct of Quality Comfort Transportation, LLC or its employees and agents.

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