TRAVEL AGREEMENT

This Travel Agreement, effective upon the date of signature (hereinafter “Effective Date”), is made by and between Morehouse College(“College”) and (______),whose principal place of business is located at ______.

WHEREAS, Travel Agency alleges that it is a full-service travel agency engaged in the business of arranging, planning, reserving and ticketing of domestic and international passenger transportation, lodging, and ancillary services;

WHEREAS, the College desires to retain the Travel Agency for travel services for the ______(“the Trip”);

NOW THEREFORE, in consideration of the above recitals and the following covenants, the Parties hereto agree as follows:

  1. Term. The term of this Agreement shall commence as of the Effective Date and shall continue thereafter until the conclusion of the Trip.
  1. Services. Travel Agency acts only as agent for the College in making all arrangements for transportation and airfare for the Trip.
  1. Compensation. Travel Agency agrees that payment of $______(Total for ___ students and ___faculty) will cover the airfare, hotel accommodation,and ground transportation as follows:

* Program includes:

- Roundtrip Delta Airline tickets (Location and dates______)

- Roundtrip AVE train tickets (Location______)

- hotel in ______(Dates______)

- guided tour in ______

- all airport and train station transfers in ______

- professor traveling with group

  1. Cancellation.Cancellation and refund will be based on the cancellation and refund policy of each airline and the charter bus company. Refund is due within ten business days of cancellation notice.
  1. Ground Transportation. Travel Agency represents that (Bus Company______) has well maintained and clean buses with driving staff who comply with all applicable Morehouse College bus provider requirements(see Attachment A). Travel Agency agrees that(Bus Company______) will not subcontract its services unless written consent is received from the CFO of Morehouse College.
  1. Hours of Operation and Emergency Services. Travel Agency shall render its travel and related services set forth herein from 8:00 a.m. to 5:30 p.m. EST Monday – Friday. Travel Agency shall provide emergency travel services after normal hours by means of a nationwide telephone service operating continuously 365 days a year.
  1. Personnel. All Travel Agency employees directly involved with the Trip and the College shall familiarize themselves with the College’s travel policies and procedures. Travel Agency shall maintain an adequate staff of employees for efficient operation. Personnel retained by Travel Agency shall be the responsibility of Travel Agency.
  1. Compliance with Laws and Regulations. Travel Agency is not in violation of any applicable federal, state or local laws, statues, regulations and ordinances in any respect which individually or in the aggregate would have a significant or material adverse effect upon the operations, financial condition or affairs of Travel Agency or its business, and except as set forth herein, has not received any notice from any governmental body or other person or entity that the operations or business of the Travel Agency are or could be in violation of any applicable federal, state or local laws, statutes, regulations or ordinances. Travel Agency agrees to comply with all applicable laws governing Travel Agency’s performance of this Agreement.
  1. Confidentiality. Travel Agency agrees to hold inviolate and keep secret all non-public knowledge or information, know-how, and other confidential information, including student information, made known to it or otherwise acquired during the term of this Agreement and will not disclose the same or anything related thereto to any other or make use of such information for any purpose, except as may be required in the course and scope of performing its obligations under this Agreement or as part of any mandated reporting required by law.
  1. Non-Exclusivity. Neither Travel Agency nor the College is obligated to deal exclusively with the other.
  1. Indemnification.Travel Agency hereby agrees to indemnify and hold harmless the College and its departments, and all of its respective officers, members, employees and directors from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys’ fees, due to bodily injury (including death), personal injury, and property damage arising out of or resulting from any wrongful acts or omissions. This indemnification extends to the successors and assigns of Travel Agency, or violation of any pertinent federal, State or local law, rule or regulation. This indemnification obligation survives the termination of this Agreement and the dissolution of the Travel Agency or, to the extent allowed by law, the bankruptcy of the Travel Agency. This indemnification applies where the College is partially responsible for the situation giving rise to the claim, provided however, this indemnification does not apply to the extent of the sole negligence of the College.
  1. Independent Contractor Status. Travel Agency and the College agree that Travel Agency is an independent contractor and not an employee of the College and that in accordance with such status as an independent contractor, Travel Agency covenants and warrants that neither it nor its employees or agents will represent themselves as, nor claim to be, officers or employees of the College, by reason hereof, and that they will not, by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the College, including but not limited to, workers compensation coverage, unemployment insurance benefits, social security coverage or employee retirement plan membership or credit.
  1. Termination. This Agreement automatically terminates upon the conclusion of the Trip.
  1. Force Majeure. In the event this provision of the Agreement is invoked neither party shall be liable for damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions (including the denial or cancellation of any export of other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
  1. No Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Travel Agency without the prior written consent of the College.
  1. Severability. If any provision of this Agreement or any portion of any such provision shall be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and the provision or portion thereof affected by such holding shall be modified, if possible, so that it is enforceable to the maximum extent permissible.
  1. Entire Agreement. This Agreement supersedes any and all agreements, either oral or in writing, between the parties hereto with respect to the rendering of services by the Travel Agency for the College and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification to this Agreement will be effective only if it is in writing signed by both parties.
  1. Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the dates written below.

FOR ______

______

Name______Date

Director

FOR MOREHOUSECOLLEGE:

______

Dr. Alan D. RobertsonDate

Vice President for Business & Finance/CFO

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