Lead Guest Contract - Tours (May 2025 revision)

Lead Guest Contract - Tours (May 2025 revision)

CONTRACT AGREEMENT FOR 42ND STREET TOURS & TRAVEL, LLC


ARTICLE ONE: RESPONSIBILITIES 

Section 1.  Responsibilities for Tour Plans. 

42nd Street Tours & Travel, LLC shall be solely responsible for making and carrying out all tour arrangements and services included in the tour package purchased by the Group Participant (i.e. School, Dance Studio, etc.) and/or the Lead Guest (signer of this contract) from 42nd Street Tours & Travel, LLC pursuant to the terms of this contract.  Such arrangements and services may include necessary program changes which 42nd Street Tours & Travel, LLC shall be responsible for making to the package prior to departure due to unforeseen costs or other contingencies.  42nd Street Tours & Travel, LLC shall be responsible for the supervision of its tour coordinators who will in turn be responsible for carrying out the final arrangements and services pursuant to the details of the tour package.  The appointed tour coordinator shall be responsible for making or changing (as may be necessary) all room assignments at the designated hotel or other place of accommodation, and the tour coordinator together with the any tour chaperones shall be responsible for seeing that individual participants are taking part in the scheduled tour arrangements and activities and complying with the group rules and standards which 42nd Street Tours & Travel, LLC shall have the responsibility of publishing or announcing to the individual participants at or before the beginning of the tour.  It is also the option of 42nd Street Tours & Travel, LLC that a member of the tour staff shall be present at all times with any individual participant who is ill, and it shall be the right of any staff member to take whatever measures - such as obtaining medical treatment, or arranging for an individual participant’s transportation home and/or to a clinic or hospital - that he or she may deem appropriate and advisable with respect to the health and/or safety of an individual participant.   42nd Street Tours & Travel, LLC and its agents are not responsible for costs incurred if these measures are taken. 

Section 2.  Responsibilities of the Airline. 

The responsibilities of any airline designated as the carrier for the tour shall apply only to the air transportation which is scheduled for the tour.  The direct air carrier's liability in the event of changes, delays, loss of or damage to baggage or for death or injury to a person or to property is subject to and limited by the terms of the applicable tariffs of the airline.  No promotional airfares which may apply to air transportation for the tour are guaranteed.  42nd Street Tours & Travel, LLC has no control over an airline’s action of changing flight times, numbers, and splitting groups. Taxes for flights can increase after booking and an increase will be assessed to the traveler.  Packages costs are non-refundable by 42nd Street Tours & Travel if flights are cancelled for any reason. 42nd Street Tours & Travel, LLC recommends the purchase of air travel directly by the individual participants in the group and not “group airfare” through 42nd Street Tours & Travel, LLC, and does not offer “group airfare” to most groups. 


Section 3.  Responsibilities of Individual Participants. 

The Lead Guest is responsible for the individual participants in his or her room during all aspects of the tour. The expectations of the individual participants are as follows:
  1. Participants are responsible for complying with all tour rules and regulations published or announced by 42nd Street Tours & Travel, LLC which may include but shall not be limited to dress code, curfew, attendance at activities and social behavior; participants who are determined not to be in compliance with such standards by any member of the tour staff at any time shall be subject to termination without refund and shall bear their own expense of returning home from the tour.
  2. Participants are responsible at all times for adhering to the age restriction of twenty-one (21) years and older as imposed by 42nd Street Tours & Travel, LLC with respect to the use and possession of alcoholic beverages and non-prescription narcotic drugs.  Any participant who is under twenty-one (21) years of age and who is found to be in violation of this restriction shall be subject to termination without refund and shall bear his or her own expense of returning home from the tour.
  3. Participants are responsible for the payment before departure of any incidental expenses which they may incur as a guest of any hotel or other accommodation at which the tour group is registered.  Such expenses may include but shall not be limited to use of the telephone, room service or other services requested, personal expenses and damage to the room or items taken from the room to which the individual participant is assigned. Expenses incurred by the traveler will be billed directly to the lead guest on the room reservation or to the group leader.  Lead guests credit card of record may be billed for these expenses before, during, or after travel.
  4. Participants are responsible for any medical costs that they may incur at any time during the tour, including but not limited to medical care, prescriptions and transportation to a medical care facility or to an individual participant’s home; provided, however, that such costs may be covered by any health or accident insurance which either the Group Participant or an individual participant may choose to purchase.   
  5. Transportation costs associated with the tour including motor vehicle, water craft, parking during the tour, air travel, shuttles, or any other means of travel are the logistical and financial responsibility of the individual participant, Group Participant, or Lead Guest unless these services are included in the tour package proposed by 42nd Street Tours & Travel, LLC.
  6. The Lead Guest is responsible for maintaining all proper travel documentation and identification for all guests in his/her cabin as per the guidelines set forth by any vendor, TSA, Federal, State and Local Governments.  It is the responsibility of the Lead Guest to keep current on any changes or additions to the current requirements.


ARTICLE TWO: RELEASE AND INDEMNIFICATION

Section 1.  Agreement to Indemnify. 

The Group Participant, Lead Guest, and all individual participants hereby agree to indemnify and hold harmless 42nd Street Tours & Travel, LLC and its staff members, together with any agents thereof, from any financial liability or obligation incurred by either the Group Participant, Lead Guest, or any individual participant and from any injury or damage to the person or property of others which any individual participant causes or contributes to while participating in a tour sponsored by 42nd Street Tours & Travel, LLC.  The Group Participant and Lead Guest as a party to this Contract, and each individual participant as a registered applicant for the tour, releases 42nd Street Tours & Travel, LLC and its staff members, together with any agents thereof, from any and all causes of actions, claims and damages of any kind or nature whatsoever arising from any injury, loss, damage, expense, accident, delay, or other inconsistency which is in any way connected with the management or conduct of a 42nd Street Tours & Travel, LLC program.

Section 2.  Release from Events out of the Control of 42nd Street Tours & Travel, LLC 

The Group Participant and Lead Guest hereby releases 42nd Street Tours & Travel, LLC and its staff members, together with any agents thereof, from any claims resulting from events, acts or failures to act which are out of the control of 42nd Street Tours & Travel, LLC and which may include but shall not be limited to acts of God, acts of war or terrorism, restrictions imposed by a country and/or its government, and acts, non-acts or events controlled by outside organizations such as transportation companies, restaurants and hotels which may be associated with the arrangements of the tour.  42nd Street Tours & Travel, LLC reserves the right to cancel any performance, without refund, due to weather or other reasons.  No alternate performances will be scheduled for any reason.  42nd Street Tours & Travel, LLC does not guarantee an audience for performances.  42nd Street Tours & Travel, LLC does not guarantee against theme park closings, attraction closings, construction, alternate cast members in stage shows, or any other event out of the control of 42nd Street Tours & Travel, LLC. 42nd Street Tours & Travel LLC is not financially responsible if a Group Participant cancels a tour after money has been paid by Lead Guests and will issue refunds according to the cancellation schedule listed below.

Section 3.  Model Release. 

Group Participant, Lead Guest, individual participants and parents/guardians of minor individual participants authorize, without compensation, 42nd Street Tours & Travel, LLC and its contractors, agencies and representatives to copy and reproduce for the purpose of illustration, advertising, display and publication in any manner photographs taken of participants while participating in a tour arranged by 42nd Street Tours & Travel, LLC. By signing this contract, the Lead Guest agrees that he or she has the consent of the individual participants in his or her guest room that are 18 years of age or older, to agree to this model release on their behalf and on behalf of their minor children, and any minor children who are in the Lead Guest’s room without a legal guardian listed as a guest in the room. 

By signing this contract, the Group Leader and Lead Guest agrees to collect release forms from the parent or legal guardian of all minor individuals holding 42nd Street Tours & Travel, LLC harmless. These forms will include emergency contact information and a signatory proxy statement authorizing treatment in the event of an emergency.  Release forms are to be made available to 42nd Street Tours & Travel, LLC upon request at any time prior to, during, or after the tour for up to 5 years.

Section 5.  Rescheduling. 

By signing this contract, the Group Leader or Lead Guest agree that the Group Leader may be required by 42nd Street Tours & Travel LLC to reschedule the tour to alternate or future dates based on weather, fire, health regulations, government travel advisories, travel bans, venue closings, and acts of God. It is further understood that the Lead Guest’s availability or desire to travel on any rescheduled dates does not sever this contract. 

ARTICLE THREE: FEES: PAYMENTS AND CANCELLATIONS

Section 1.  Deposit. 

Lead Guests will be charged a deposit as follows:


    • Guests billed in USD (United States Dollars) - Seven hundred fifty dollar ($750 USD) deposit per-room which will be due at the time the room is registered and this Contract is signed and submitted to 42nd Street Tours & Travel, LLC.  


    • Guests billed in CAD (Canadian Dollars) - One thousand dollar ($1000 CAD) deposit per-room which will be due at the time the room is registered and this Contract is signed and submitted to 42nd Street Tours & Travel, LLC.  


    • Guests billed in AUD (Australian Dollars) - One thousand two hundred dollar ($1200 AUD) deposit per-room which will be due at the time the room is registered and this Contract is signed and submitted to 42nd Street Tours & Travel, LLC.  


    • Guests billed in GBP (Pound Sterling) - Seven hundred fifty pounds (750 GBP) deposit per-room which will be due at the time the room is registered and this Contract is signed and submitted to 42nd Street Tours & Travel, LLC.  


    • Guests billed in EUR (Euro) - Seven hundred fifty euro (750 EUR) deposit per-room which will be due at the time the room is registered and this Contract is signed and submitted to 42nd Street Tours & Travel, LLC.  


In the event that the Group Participant, decides to cancel the tour after the Contract is delivered to 42nd Street Tours & Travel, LLC and the Tour Registration deadline listed in the Lead Guest packet has passed, or if the Lead Guest or an individual participant cancels his or her reservation at any time prior to departure date, those fees will be non-refundable to the Lead Guest according to the cancellation schedule below. 


Section 2.  Costs, Payment Arrangements, and Procedures. 

Payments for the cost of the tour must be made to 42nd Street Tours & Travel LLC by the Lead Guest in up to four installments, with the final payment due no later than sixty (60) days prior to the scheduled departure date.  Please Note: This payment plan does not apply to some packages.  The actual payment dates will be printed on the Lead Guest packet and on the first invoice and may vary based on vendor due dates.  Late payments by Group Participant or Lead Guests will result in a 5% late fee of the balance due, and will be assessed every ten (10) days until paid. Delinquency of thirty (30) days or more will result in a cancellation of the delinquent Lead Guest’s room package without refund. The Lead guest is responsible for ensuring he or she has received and retained the invoice sent to his or her email address. 42nd Street Tours & Travel LLC will send invoices to the email address submitted when the Lead Guest registers for the tour.  42nd Street Tours & Travel LLC is not responsible if an invoice email is not delivered to the Lead Guest for any reason including, but not limited to, incorrect email address submitted during registration, invoice email being filtered as spam, accidental deletion of email, etc. The Lead Guest agrees to contact 42nd Street Tours & Travel if he or she cannot locate the invoice email to make a payment. Late fees will still apply for all late payments for any reason. Should 42nd Street Tours & Travel, LLC realize prior to the departure date of the tour any increase in the cost of hotel or other accommodations pre-arranged for the tour, those costs will correspondingly increase the cost of the tour programs and be passed on as such to the Group Participant and Lead Guests.  Payment of any such additional costs for the tour programs by the Group Participant or Lead Guest must be included in the final installment payment, or may be made by separate payment prior to departure date if the final installment has already been paid.  Additional increases may be realized and passed on to the Group Participant and Lead Guests such as taxes or fuel surcharges which are also out of the control of 42nd Street Tours & Travel LLC. Payments made on a “Room-Level” to 42nd Street Tours & Travel will be made by a single Lead Guest in the room who, by signing this contract agrees to assume the responsibility of making payments on behalf on all guests in his or her room. Furthermore, only the Lead Guest can make changes, make payments, receive refunds, update names, ages, or inclusions for any guest in Lead Guest’s room. Any and all changes or updates must be submitted directly by the Lead Guest.  42nd Street Tours & Travel, LLC cannot and will not discuss any reservation or financial matters for any room with anyone other than the Lead Guest and the Group Participant. The Lead Guest agrees to submit information, questions and changes in writing via the 42nd Street Tours & Travel, LLC website or via email as instructed to do so by 42nd Street Tours & Travel, LLC. Group Participant and Lead Guest agrees by signing this contract, that no payments or changes to the room and its guests will be made over the telephone. Payment schedule will generally (but not always) follow these guidelines (the payment schedule in the Lead Guest packet will always supersede this payment schedule):


    1. Tour Deposit per-room.  Deposit currency is determined by group’s country of origin. If country’s currency is not listed, billing will be in USD - United States Dollars. 
      1. $750 USD - United States Dollar
      2. $1000 CAD - Canadian Dollar
      3. $1200 AUD - Australian Dollar
      4. 750 GBP - Pound Sterling
      5. 750 EUR - Euro
    2. Payment 1 - The first thirty-three percent (33% less any deposit already paid) due six months (6 months) prior to the first day of travel.
    3. Payment 2 - The second thirty-three percent (33%) due four months (4 months) prior to the first day of travel.
    4. Payment 3 - The final thirty-four percent (34%) due two months (2 months) prior to the first day of travel. 


The payment schedule outlined above may be altered by 42nd Street Tours & Travel, LLC if necessary to make timely payments to vendors. Payment dates will be listed on the Lead Guest’s invoice.  Partial payments will be accepted on invoices, however the partial payment must be at least $200 USD, $300 CAD, $300 AUD, 200 GBP, or 200 EUR. 42nd Street Tours & Travel LLC may offer a discount for guests who pay early, but this is not a feature of all tours and is solely at the discretion on 42nd Street Tours & Travel LLC. 


Section 3.  Reasons for Cancellation. 

The Group Participant and Lead Guest may cancel their tour room and inclusions for any reason, however cancellations will follow the Terms of Cancellation listed below in Section 4. Weather, fire, health regulations, government travel advisories, travel bans, venue closings, rescheduling, and acts of God do not sever this contract. 

Section 4.  Terms for Cancellation. 

In addition to the penalties of a partial or non-refund described below, the Group Participant and all individual participants shall be subject upon cancellation to the particular restrictions and penalties which may be levied by any transportation company that may be providing transportation for the tour above and beyond percentages listed below.  In the event that the Group Participant or Lead Guest cancels a tour reservation, notice of cancellation must be submitted to 42nd Street Tours & Travel, LLC by choosing the appropriate option on the ”Lead Guests” section of the 42nd Street Tours & Travel LLC website.  Refunds shall only be provided to the Group Participant or Lead Guest as follows:


    1. Cancellations received more than 181 days prior to the original departure date of the tour will incur a penalty of:
      1. $750 USD - United States Dollar
      2. $1000 CAD - Canadian Dollar
      3. $1200 AUD - Australian Dollar
      4. 750 GBP - Pound Sterling
      5. 750 EUR - Euro
    2. Room cancellations received during the period which is 180-121 days prior to the original departure date of the tour will incur a penalty of thirty-three percent (33%) of the room’s invoice total. Individual cancellations from the room will result in a repricing of the room to the appropriate occupancy, AND assessment of any fees levied by vendors. 
    3. Room cancellations received during the period which is 120-61 days prior to the original departure date of the tour will incur a penalty of sixty-six percent (66%) of the room’s invoice total. Individual cancellations from the room will result in a repricing of the room to the appropriate occupancy, AND assessment of any fees levied by vendors.
    4. Room cancellations received during the period which is 60 days or less prior to the original departure date of the tour will incur a penalty of one hundred percent (100%) of the room’s invoice total. Individual cancellations from the room will result in a repricing of the room to the appropriate occupancy, AND assessment of any fees levied by vendors.


ARTICLE FOUR: VENUE

Section 1.  Notice of Venue. 

The validity of this agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the laws of the State of New Jersey. The parties agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated only in the state and federal courts located in the County Of Monmouth, State of New Jersey or, at the sole option of 42nd Street Tours & Travel, LLC, in any other court in which 42nd Street Tours & Travel, LLC shall initiate legal or equitable proceedings and which has subject matter jurisdiction over the matter in controversy. pledgor and agent waive, to the extent permitted under applicable law, any right each may have to assert the doctrine of forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this section.

ARTICLE FIVE: TRAVEL INSURANCE

Section 1.  Notice of Availability. 

The Group Participant and Lead Guest understand that travel insurance is not included with the tour, but can and should be purchased for all tours.  Travel insurance may be available for purchase by each Group Participant and Lead Guest on the 42nd Street Tours & Travel website. Travel Insurance purchased directly through 42nd Street Tours & Travel may not be available in all countries. However travel insurance also can and should be purchased from any other third party insurance vendor. Failure to purchase travel insurance does not change the Terms For Cancellation listed above. 42nd Street Tours & Travel, LLC will not facilitate or participate in any attempt to commit insurance fraud by a Group Participant or Lead Guest. 

THIS REVISION IS FROM MAY 2025. PLEASE NOTE, YOU MAY HAVE A SIGNED A REVISION FROM A DIFFERENT DATE DEPENDING ON WHEN YOU BOOKED. 

This article was originally written in English. Translated articles may contain errors. 

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