RELEASE OF LIABILITY

Your payment will be made to Brownell Travel and in accordance with the proposed itinerary, Brownell Travel will make payments directly to the supplier. As such, we kindly ask you to agree to the terms and conditions below for the processing of your payments.

RELEASE AND WAIVER OF LIABILITY, HOLD HARMLESS & INDEMNITY AGREEMENT

            This Release and Waiver of Liability, Hold Harmless and Indemnity Agreement (“Agreement”) is entered into this 13 day of June, 2022 between Brownell Travel, Inc., dba Brownell Travel (“Brownell”), and (Lawson Luxury Travel LLC),  (“ABC”) an Independent Affiliate of Brownell and Michael Hagerty (“Customer) , jointly referred to as the “parties.”

RECITALS

A.         Customer understands and agrees that (Lawson Luxury Travel LLC),  is an Independent Contractor and is acting as an Independent Affiliate of Brownell and further understands and agrees that all Customer payments are processed exclusively through Brownell and not through (Lawson Luxury Travel LLC).

B.         Customer understands and agrees that all payments to “suppliers” as defined in Brownell’s Terms of Service for travel services for airline, hotel, cruise line, transfer company, sightseeing operators, and other travel services are the sole responsibility of Customer.

C.         Customer has requested Brownell to accept an ACH, wire and/or credit card from Customer for payment(s) to be made by Brownell on Customer’s behalf to suppliers for certain travel services.  

D.         Customer understands and agrees that Brownell normally requires that Customer make all payments for travel services directly to suppliers, but has agreed to make an exception for Customer and agrees to make payments to certain suppliers on Customer’s behalf under the terms and conditions stated in this Agreement.

E.         Customer fully understands and agrees to all terms and conditions contained in this Agreement, and the parties hereto desire to enter into this Agreement in order for Brownell to accept Customer’s ACH, wire and/or credit card to make payments to suppliers.

AGREEMENT

Wherefore, the parties agree as follows:

Payments

In consideration of the recitals set forth above and the other covenants set forth herein, Customer shall render payment to Brownell in the form of an ACH, wire and/or credit card number.  With receipt of Customer’s ACH, wire and/or credit card number, Brownell will make payments to those suppliers on behalf of Customer as agreed upon by the parties.

Credit Card Processing Fee

Customer understands and agrees to pay Brownell a credit card processing fee of 3% for any and all credit card payments made to Brownell by Customer.  This credit card processing fee is separate from and in addition to any other charges to which Customer is responsible.

Credit Card Chargebacks Prohibited

Customer understands and agrees not to dispute or chargeback any credit card charges made by Brownell on Customer’s credit card for charges relating to Brownell’s payment to suppliers on behalf of Customer.  

Release and Discharge

In consideration of Brownell making payments to suppliers on Customer’s behalf and charging Customer’s credit card for those payments, Customer hereby completely releases, acquits, and forever discharges (Lawson Luxury Travel LLC) and Brownell from any and all claims, demands, actions, causes of action, damages and costs (including attorneys’ fees) whatsoever, of any and every kind and description, whether known or unknown, now existing or hereafter arising, as a result of Brownell’s charging Customer’s credit card relating to Brownell’s payment to suppliers on behalf of Customer.  

Hold Harmless and Indemnification

Customer understands and agrees to defend, indemnify and hold Lawson Luxury Travel LLC) and Brownell harmless from and against any and all claims, demands, actions, causes of action, damages, and costs (including attorneys’ fees) arising out of or by reason of any disputes and/or chargebacks made by Customer on any credit card charges made by Brownell on Customer’s credit card for charges relating to Brownell’s payment to suppliers on behalf of Customer.  

Entire Agreement; Binding Effect; Benefit of Agreement

This Agreement constitutes the entire agreement between Customer, (Lawson Luxury Travel LLC) and Brownell with respect to the matters set forth herein, and it supersedes any and all prior oral or written agreements, commitments or understandings with respect to such matters. This Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable only by the parties hereto. 

Governing Law and Binding Arbitration

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Alabama, and the parties to this Agreement agree that any dispute or legal action relating to or arising out of this Agreement shall be submitted exclusively to binding arbitration in Birmingham, Alabama, and subject to the Rules of the American Arbitration Association.