These Terms and Conditions (hereinafter referred to as the “Agreement”) govern the relationship between Dare to Detour, LLC, a Montana limited liability company providing services as an independent travel advisor (the “Travel Advisor” or “We”) and [CLIENT NAME], the purchaser of travel services and/or lead traveler (“Client” or “You”). By utilizing the travel services provided by the Travel Advisor, you accept and agree to be bound to and abide by this Agreement. The Travel Advisor may revise and update this Agreement from time to time, in its sole discretion. Travel Advisor reserves the right, in its sole discretion, to amend this Agreement at any time. Updated versions of this Agreement are effective immediately upon provision to Client.

1. Use of Travel Advisor’s Services.

By utilizing Travel Advisor’s services, You represent and warrant that:

• You are at least 18 years of age and are authorized to enter into this Agreement and make travel bookings with Travel Advisor;

• The information You provide (whether for You and/or on behalf of others) is true and accurate, and You will continue to provide updated information throughout your engagement with Travel Advisor; and

• You will abide by the terms and conditions of this Agreement and any terms and conditions of our travel suppliers or partners that apply to your booking.

1. Independent Travel Advisor.

Travel Advisor is an independent travel advisor of Fora Travel, Inc. (“Fora”). You understand and agree that: 

• Travel Advisor is not an agent, representative or employee of Fora;

• Fora is a technology provider and host agency, not a travel service provider;

• You have no claim against (nor will You file any claim against) Fora for losses or damages resulting or arising from the provision of services by Travel Advisor; and

• Notwithstanding anything to the contrary in this Agreement or otherwise, Fora is not a party to this Agreement for any purpose, and You expressly waive any claims, demands, or causes of action against Fora arising from or relating to any travel arrangements, services, cancellations, disputes, or any other matters related to this Agreement.

1. Services.

Travel Advisor will provide You with travel planning services, which may include but are not limited to researching and booking travel arrangements such as accommodations, transportation, activities and tours based on Your preferences and budget, as well as any other services agreed to in writing (collectively, the “Services”). 

1. Fees and Commission.

Travel Advisor’s travel planning services are provided at the following rates, unless otherwise agreed upon in writing:

• One-Hour Trip Consultation: $75.00

• Travel Advisor Services: $35.00 per day for each day of booked travel

All fees charged are non-refundable and must be paid in full before Travel Advisor begins work on an itinerary. Travel Advisor reserves the right to increase or decrease fees without prior written notice to You.

Travel Advisor may receive commissions in connection with the Services provided to You. You and the Travel Advisor will agree in writing, before any booking, on commissions for travel booked outside the Fora platform. Travel Advisor has no obligation to disclose the amount of any commissions received by Travel Advisor for travel booked through the Fora platform.

1. Travel Suppliers.

Travel Advisor provides its Services to You upon request for the purposes of coordinating Your travel and acting as a liaison between You and travel suppliers, including, but not limited to, suppliers of accommodations, transportation, activities, and tours. All travel is booked at Your own risk. Travel Advisor makes no representation, warranty, or guarantee as to any travel supplier’s rates, bookings, quality of services, or availability of services. All travel suppliers are independent, third-party entities and no employment, partnership, joint venture, agency, or other relationship exists between the Travel Advisor and any travel supplier. Travel Advisor bears no responsibility for any changes, delays, alterations, modifications, or cancellations of an itinerary or booking made by a supplier, a third party, or due to force majeure, and does not cover associated costs.

You agree to the use of the travel suppliers disclosed to You in the travel itinerary developed by Travel Advisor, and are responsible for Your own due diligence of all travel suppliers selected by You. You agree that Travel Advisor will not be responsible if You are not satisfied with the selected travel suppliers. Travel Advisor is not responsible for services, costs, or fees incurred for travel arrangements made independently of Travel Advisor.

You agree to notify Travel Advisor immediately if any products or travel services purchased are unsatisfactory to You and to give Travel Advisor a reasonable opportunity to assist in finding an acceptable resolution with the travel supplier responsible for providing the product or services.

1. Travel Bookings.

Rates. All quoted prices are in U.S. Dollars unless otherwise indicated and are subject to change without notice. You understand and agree that many travel suppliers employ dynamic pricing, and prices are based on several factors, including demand and availability. Prices are not guaranteed until the applicable service is booked and the deposit, if applicable, is received.

Currency Fluctuations. You acknowledge that currency fluctuations may affect the final amount due for Your reservations.

Confirmed Bookings. All bookings are subject to availability and confirmation by the Travel Advisor.

Personal Information. You authorize Travel Advisor’s use of Your personal information, including but not limited to name, payment information, addresses, and contact information for bookings, airfare/airline tickets, tours, cruises, restaurant reservations and all other travel services.

Payment; Cancellations and Modifications; and Refunds. You agree to pay for all travel services promptly when due, either by paying the supplier directly or, if directed by Travel Advisor, by paying Fora, who will process the payment on behalf of the travel supplier. You understand and agree to all terms and conditions of travel suppliers from which You have purchased travel services, and that You are subject to the deposit, cancellation, modification and refund policies of each travel supplier. You agree to provide Travel Advisor with a minimum of 48 hours’ notice by email for all cancellation or modification requests. Travel Advisor is not liable for any penalties imposed on You for untimely cancellation or modification requests. You are responsible for promptly reimbursing Travel Advisor for any fees or expenses incurred by Travel Advisor because of the modification or cancellation of a booking.

Credit Card Authorization; Disputes and Chargebacks. You may choose to keep a credit card on file with Travel Advisor, which Travel Advisor may charge for any travel services and associated amounts that You expressly authorize. You further certify that you are an authorized user of all credit cards You provide to Travel Advisor. YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF TRAVEL ADVISOR, TRAVEL SUPPLIERS, OR PARTNERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND TRAVEL ADVISOR’S CONTROL, UNLESS THE PRODUCT OR SERVICES PURCHASED WERE NEVER PROVIDED OR GROSSLY MISREPRESENTED. 

1. Travel Insurance. 

Travel insurance is not included unless expressly stated and purchased by You. Travel insurance can protect against supplier issues, delays, cancellations, medical emergencies, lost luggage, and more. Proper insurance helps safeguard against financial loss in most situations. Without appropriate travel insurance, You understand and agree that if You cancel Your travel or Your travel is interrupted for any reason, Travel Advisor and travel suppliers’ cancellation penalties will apply, resulting in the loss of monies up to the full cost of Your travel booking and related costs. 

Travel Advisor recommends purchasing travel insurance, including but not limited to illness, injury, property damage, loss of personal items, death, cancellations and other potential losses, damages, expenses, and/or liabilities. Travel Advisor is not responsible for selecting or purchasing travel insurance for Your travel and makes no representation, warranty, or guarantee as to any travel insurance purchased by You.

THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.

1. Government Identification and Travel Advisories.

Denial of Entrance. You understand that Travel Advisor is not responsible for denied entry into any country by You or any guest, and that all guests are responsible for ensuring they have all proper documents for entry. All travel documentation must match the legal name on the individual’s photo identification, and travel document information must match the tickets. You understand that minors unaccompanied by birth parents will need a permission letter for travel outside the U.S., and any travelers with criminal convictions may be denied entry to certain countries, including Canada. Each guest is responsible for determining whether issues exist with the immigration/customs process into a foreign country. BEING DENIED ENTRY FOR ANY REASON MAY RESULT IN A COMPLETE FINANCIAL LOSS ASSOCIATED WITH YOUR TRIP AND DOES NOT ENTITLE YOU TO ANY REFUND. You acknowledge that travel documents may be issued by third-party booking channels selected by Travel Advisor.

Passports. You understand that a passport is required for international travel, including for minors, and that some countries require your passport to be valid for a specific period from your date of entry or departure. Additionally, a visa may be required by applicable government regulations. WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO ENSURE THE INFORMATION IS CORRECT AND COMPLIANT WITH ALL REQUIREMENTS OF YOUR DESTINATION. Travel Advisor has no obligation or responsibility to verify a passport or other identification.

Traveling with Minors. Children and infants may also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted to a travel destination, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov for additional information. Parental or legal guardian consent must be provided in writing to the supervising adult or group leader. You are solely responsible for ensuring that all minors in your group have correct and complete travel documents.

Advisories. Travel to certain destinations or during certain times may involve greater risk than others (especially as it relates to COVID-19/other communicable diseases and evolving geopolitical tensions). Changes in travel advisories (i.e., government-issued warnings, recommendations or notices regarding safety, security, health risks or other travel-related concerns in certain destinations) shall not supersede the cancellation and refund policies of travel suppliers or partners. You acknowledge that, unless You have applicable travel insurance coverage, changes to travel advisories or personal concerns, including anxiety or discomfort regarding a destination, do not entitle you to a refund, credit, or other compensation. It is Your responsibility to review and understand travel advisories issued by the United States and the destinations You will be visiting. Travel Advisor does not represent that travel to any location, including locations for which it provides services, is advisable or without risk. YOUR PARTICIPATION IN ANY TRAVEL CONSTITUTES ACCEPTANCE OF SUCH RISK.

1. Liability; Damages; Indemnification.

EXPRESS WAIVER OF LIABILITY. TRAVEL ADVISOR HAS NO CONTROL OVER THE OPERATIONS OF ANY TRAVEL SUPPLIER. TRAVEL ADVISOR IS NOT LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ANY ISSUES ARISING FROM THESE TRAVEL SUPPLIERS’ AND PARTNERS’ SERVICES, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ACTS, ERRORS, OMISSIONS, NEGLIGENCE, WILLFUL MISCONDUCT, SERVICE FAILURES, MEDICAL EMERGENCIES, CANCELLATIONS, REFUND POLICIES, PRICE CHANGES, BANKRUPTCY, OR OPERATIONAL CESSATION. TRAVEL ADVISOR DISCLAIMS ALL LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE GOODS OR SERVICES PROVIDED BY THESE SUPPLIERS, AND YOU AGREE TO RELEASE TRAVEL ADVISOR FROM ANY SUCH CLAIMS.

You confirm, on behalf of Yourself and any guest, to the fullest extent allowed by law, to hereby forever and irrevocably EXPRESSLY WAIVE, RELEASE AND DISCHARGE Travel Advisor and its respective owners, contractors, subcontractors, licensees, designees, insurers, personal and legal representatives, officers, directors, member(s), manager(s), employees, agents, and the successors and assigns of each of the foregoing (collectively, “Releasees”) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including attorneys’ fees and expenses) (collectively, the “Losses”) arising out of or in any way related to my participation in and/or utilization of the Travel Advisor’s Services, without limitation, Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE of any Releasee or cause any Releasee to be sued regarding any matter released above. You covenant not to make or bring any such claim against Travel Advisor or any other Releasee, and forever release and discharge Travel Advisor and all other Releasees from liability under such claims.

Maximum Damages. IN NO EVENT WILL TRAVEL ADVISOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TRAVEL ADVISOR’S SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF RECEIVED BY TRAVEL ADVISOR PURSUANT TO THIS AGREEMENT.

Indemnification. To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless Travel Advisor and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by Travel Advisor or any other Releasees, arising out of or resulting from any claim of a third party related to the Services, including any claim related to Your own negligence.

1. Dispute Resolution.

Any dispute arising under this Agreement shall first be subject to non-binding arbitration mediation in Gallatin County, State of Montana. If no agreement is reached through mediation, the dispute shall be submitted to and decided by binding arbitration. Arbitration shall be governed by the Federal Arbitration Act (the “FAA”) or Montana Uniform Arbitration Act (the “MUAA”) if the FAA does not apply, and administered by the American Arbitration Association (the “AAA”) and held in Gallatin County, Montana, before a single arbitrator, in accordance with the AAA’s Commercial Arbitration Rules. Any arbitral award determination shall be final and binding upon the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

1. General.

Force Majeure. Except with regard to payment obligations, Travel Advisor shall be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond the reasonable control of the Party (the “Impacted Party”), including, but not limited to: failures or default of third-parties, earthquake, fire, flood, other natural disaster, or of the public enemy, U.S. or foreign governmental actions, strikes, fire, flood, epidemic, pandemic, and freight embargoes.

Governing Law; Venue. The laws of the State of Montana govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Bozeman, Gallatin County, Montana, in all disputes arising out of or relating to travel bookings with Travel Advisor.

Third Party Beneficiaries. This Agreement is for the sole benefit of Travel Advisor and Client and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer any rights, benefits, or remedies upon any person or entity other than the parties to this Agreement.

Timeliness; Claims; Class Action Waiver. Any claim against Travel Advisor must be brought within 12 months after the date of the completion of the trip and not later. TRAVEL ADVISOR SHALL NOT IN ANY CASE BE LIABLE FOR DAMAGES OTHER THAN COMPENSATORY DAMAGES, AND YOU WAIVE ANY RIGHT TO CLAIM PUNITIVE OR EXEMPLARY DAMAGES. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY CLASS ACTION, PROPOSED OR PURPORTED CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, REGARDLESS OF THE TYPE OF PROCEEDING.

No Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.

Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed in a manner that best achieves the original intent of the parties.

Headers. Headings are for convenience only and are to be construed without limitation.

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.

Acceptance. By executing this Agreement, you hereby consent to the terms and conditions set forth herein.