TOUR AGREEMENT

This TOUR AGREEMENT (hereinafter the “Agreement”) is entered into by and between HOUSE ON HORIZON TRAVEL, LLC, a Michigan limited liability company, (hereinafter sometimes referred to as “Tour Operator”) and Guest. By accessing, registering, or otherwise using the services, Guest agrees that they have read this Agreement, and further agree as follows:

1. TOUR AND GUEST INFORMATION
Tour Operator organizes and provides tours in the United Kingdom offering Guest, among other things, the opportunity to purchase from third party vendors unaffiliated with Tour Operator antique furniture, furnishings, collectibles, and other items of personal property, beginning and ending at either Leeds Bradford Airport (hereinafter “LBA”) or London Heathrow Airport (hereinafter “LHR”), depending on the specific tour itinerary. As selection of antique furniture, furnishings, collectibles, and other items of personal property, is subjective and subject to Guest’s unique tastes and purposes, Tour Operator does not and cannot guarantee that Guest will locate any such items for purchase on the tour.

2. PAYMENT AND DUE DATES
Guest agrees to pay to Tour Operator the sum of Tour Price (as set by Tour Operator and previously agreed to by Guest) as consideration for the services provided by Tour Operator as set forth in this Agreement. The Tour Price shall be paid as follows: immediately upon signing this Agreement, a non-refundable deposit (subject to Section 5, below) in the amount of Three Thousand Two Hundred and no/100ths Dollars ($3,200.00) per person (the “Deposit”) is due to Tour Operator. Ninety (90) days prior to the start of the Tour, the balance of the Tour Price is due to Tour Operator.

3. TOUR INCLUSIONS
In exchange for payment of the Tour Price in full, Tour Operator agrees to provide the following:
* a. Accommodations: Lodging in hotels for six (6) nights, single-room occupancy (unless you've chosen the shared option). In the event of a hotel change, Tour Operator shall provide an alternative.
* b. Food: Three (3) meals per day are included. Alcohol is not included, and any all alcohol purchased is at Guest’s expense.
* c. Transportation: Tour Operator shall provide transportation for Guest starting from either Leeds Bradford Airport (LBA) or London Heathrow Airport (LHR), depending on the tour itinerary, on the morning of Day One, ending at the respective airport on the last day of the tour. If Guest needs transportation to LBA or LHR with the tour group departure, Guest will be responsible for arranging and paying for such transportation. Guest is also responsible for any transportation to any other location or attraction that differs from planned tour group activities. Guest has option to join group at the hotel day one.
* d. Activities: All entrance tickets and specialty tour tickets are included.
* e. Personal Property/Shipping: While on the tour, Guest may purchase items of personal property, such as furniture, antiques, or similar items, for which Guest intends to ship to Guest’s residence or location of choice. Once purchased, any refund or exchange is up to the third party from whom Guest purchased such item. In no event shall Tour Operator be responsible or obligated to accept the item of personal property or pay a refund or make an exchange. Subject to Paragraph 6(e) and below, Tour Operator may assist Guest with hiring a third-party shipper to transport Guest’s purchased items. Due to the nature of shipping, while every effort is made to ensure safe delivery, fragile items may break during transit, and Tour Operator assumes no liability for such occurrences. Delivery of purchased items is threshold delivery, meaning items will be delivered to the entrance of Guest’s residence or specified location, and Guest is responsible for any further handling or placement. Guest should expect delivery to take between eight (8) to sixteen (16) weeks from the date of shipment to arrive at their address. Tour Operator assumes no liability for the transportation of such items to Guest’s residence or other location of choice.

4. TOUR EXCLUSIONS
Tour Operator is only responsible for providing the services specified in Section 3, identified not as an exhaustive list but for clarity:
* a. Airfare: The Tour Price does not include any air, land, or sea transportation prior to meeting at LBA or LHR. Guests are responsible for arranging their own transportation to the meeting point at either LBA or LHR, depending on the tour itinerary. Transportation will be provided back to the respective airport on the final day. Tour Operator shall not be held responsible for any delays encountered during Guest travel to LBA or LHR prior to the tour and from LBA or LHR after the tour, even if Guest misses part or all of the tour. No refund will be given for any portion of Tour Operator services missed due to travel interruptions or delays.
* b. Incidentals: Any incidental expenses incurred by a Guest in free time, when visiting a destination or participating in a group activity, that are not explicitly mentioned in Section 3, above, are the sole responsibility of the Guest. This includes, but is not limited to, phone and outside internet fees, souvenirs, personal items, medical expenses, and other expenses of a personal nature. Optional hotel services: Spa treatments, bicycle rentals, mini bar, and/or extra meals/snacks throughout.
* c. Travel Insurance: Tour Operator specifically requires Guest to obtain travel insurance to cover emergencies, cancellations, illness, accidents, personal injury, loss of luggage, and cancellation of their itinerary. Tour Operator shall not be liable for personal injury, death, damage to property, or other loss whether arising from accident, cancellation, delays, or any other matter beyond our control. Guest must provide Tour Operator with proof of travel insurance at least thirty (30) days before the trip start date.

5. CANCELLATIONS
Cancellations are subject to the following:
* a. Cancellation by Guest: Guest must notify Tour Operator, in writing, of any cancellation by Guest. If Guest cancels more than ninety (90) days prior to the tour departure, the Deposit shall be retained by Tour Operator, but any additional payments from Guest will be refunded. If Guest cancels within ninety (90) days of departure, no payments made will be refunded. If Guest leaves a trip once it has begun for any reason, Tour Operator will not issue any refund, credit, or compensation. Again, travel insurance is required to attend. It protects your investment in the tour and your transportation costs.
* b. Cancellation by Tour Operator: Tour Operator is forced to cancel a trip for any unforeseen circumstance beyond reasonable control, such as, but not limited to, acts of nature, health epidemic or pandemic, war, earthquake, flooding, etc., Tour Operator will refund payments made by Guest other than the Deposit, which is non-refundable and cover deposits paid to suppliers. If Tour Operator cancels due to low enrollment, the Deposit will be refunded in full.

6. REPRESENTATIONS BY GUEST
Guest affirms, acknowledges and represents the following:
* a. Personal Safety/Health: Guest acknowledges that personal safety is Guest’s responsibility. Guest understands that organized tastings events may involve optional alcoholic beverages. If Guest is at least twenty-one (21) years of age, has the appropriate validly issued government ID, and Guest chooses to consume alcohol before, during, or after the tour, Guest accepts full and sole responsibility for Guest’s behavior, wellbeing, and health. In addition, Guest agrees to disclose any and all food allergies of Guest or anyone in Guest’s party, to Tour Operator in writing via email at least thirty (30) days prior to trip commencement. Guest agrees to not consume food to which Guest is allergic. Guest understands that Guest will be consuming food and beverages on the tour and Guest accepts sole responsibility for all risks associated with such participation including food sickness, allergic reaction, and death. Guest acknowledges that they are free to choose which foods, if any, are consumed by Guest. Guest represents that they are in good health, in appropriate physical condition, and capable of walking long distances, including over uneven or unstable terrain. Guest agrees to wear appropriate clothing, use sunscreen, and maintain proper nutrition and hydration throughout the tour.
* b. Risk of Sickness: Guest acknowledges the inherent risks of exposure to any and all viruses, including COVID-19, or any variant thereof, in any public place where people are present. Guest voluntarily assumes all risks related to exposure to such viruses, including COVID-19.
* c. Risk of Theft or Injury: Guest understands and agrees that the loss, theft, or destruction of Guest’s belongings is Guest’s sole responsibility. Further, Guest understands and accepts, without limitation, sole responsibility for all of the risks associated with such participation while on the tour, including injury and death, whether through Guest’s own actions or those of other Guests, tour guides, pedestrians, restaurant patrons, automobiles, public transportation, acts of nature or any other external parties. Guest agrees and acknowledges that they will stop physical activity before Guest becomes ill or injured. If while on the tour Guest begins to feel faint or nauseous, Guest agrees to notify the tour guide and seek medical attention immediately. Guest understands and agrees that the tour leader reserves the right to disqualify anyone, including Guest, at any time during the tour if he or she feels that anyone, including Guest, is incapable and/or if a tour member's continued participation will jeopardize the individual involved or the group. Further, Guest acknowledges that streets along the tour route are open to vehicular traffic and agrees obey all traffic laws/regulations.
* d. Risk of Delay or Cancellation: Guest agrees that Tour Operator is not liable for any delay or cancellation of a tour resulting from acts of fire, natural disaster, strikes, or civil disturbance, or other similar acts or occurrences.
* e. Risk of Shipping Items: Guest assumes all risk associated with transporting items of personal property purchased while on the tour, including but not limited to damage or destruction of such items, shipping or customs delays, and Tour Operator makes no warranties, general or specific, with respect to the items of personal property purchased by Guest such as warranty of fitness for a particular purpose. Due to the nature of shipping, while every effort is made to ensure safe delivery, fragile items may break during transit, and Tour Operator assumes no liability for such occurrences. Delivery of purchased items is threshold delivery, meaning items will be delivered to the entrance of Guest’s residence or specified location, and Guest is responsible for any further handling or placement. Guest should expect delivery to take between eight (8) to sixteen (16) weeks from the date of shipment to arrive at their address. Further, Guest is solely responsible for the any shipped items passing through customs, and Guest assumes all risk associated therewith, and is solely responsible for any and all potential import fees, export fees, duties, tariffs, and all other costs of transport. Guest understands and agrees that all items purchased on the trip are antiques (at least 100 years old) and are property of House on Horizon LLC until delivery. GUEST IS ENCOURAGED TO OBTAIN INSURANCE FOR ANY AND ALL DAMAGE OR DESTRUCTION FOR TRANSPORTING ITEMS OF PERSONAL PROPERTY AT THE SOLE COST OF GUEST.

7. PROMOTIONAL MATERIAL RELEASE
By signing this Agreement, Guest irrevocably consents to the unrestricted use by Tour Operator, its successors and assigns, of any and all photographs or videos of Guest taken by Tour Operator, or its agents, employees, and representatives, for all advertising, promotional other trade purposes, in any and all mediums, including but not limited to print or digital, social media and otherwise, and Guest waives any right to compensation therefrom and any right to inspect or approve of such pictures or videos, advertising, promotional material, social media posts, or similar representations used in connection therewith.

8. WAIVER AND RELEASE OF LIABILITY
By signing this Agreement, Guest hereby agrees to the foregoing terms, conditions, and acknowledgments of this Agreement and waives and releases, on behalf of Guest, and Guest’s heirs, successors, agents, vendors, representatives and assigns, and agrees to indemnify and hold Tour Operator, and Tour Operator’s successors, employees, agents, representatives, assigns and their respective directors, managers, members, shareholders, and officers, as applicable, harmless from any and all manners of actions, causes, suits, debts, damages, claims and demands, whatsoever, in law, admiralty, or in equity, direct or indirect, known or unknown, foreseeable or unforeseeable, which Guest may have or may hereafter acquire by reason of injury or death as a Guest in any tour given or provided for by Tour Operator, loss or damage to property, or otherwise arising out of or in connection with participation in said tour, including but not limited to, any and all damages for claims delays and other causes beyond Tour Operator’s reasonable control.

9. COMMERCIAL PROTECTION & SHIPPING RESTRICTIONS
* a. Proprietary Logistics and Sourcing: Guest acknowledges that the Tour Operator provides a proprietary system for scouting, vetting, and shipping antiques from the United Kingdom (the "System"). This System, including specialized shipping logistics, consolidated container rates, and curated vendor selections, is a protected trade secret of the Tour Operator.
* b. 24-Month Commercial Shipping Restriction: Guest agrees that for a period of twenty-four (24) months following the conclusion of the Tour, Guest shall not independently contract for, or organize, a full sea container or a 'Less than Container Load' (LCL/Shared Space) shipment of antiques from the United Kingdom for the purpose of such items being resold in the United States. This restriction applies specifically to commercial-scale imports intended for resale, showroom stock, or professional design inventory.
* c. Non-Circumvention of Logistics: Guest acknowledges that the Tour Operator’s shipping lane and logistics network have been established through significant investment. Guest agrees not to bypass the Tour Operator to use the same consolidated shipping channels or private vendors for commercial resale purposes during the restricted 24-month period.
* d. Exception for Prior Commercial Activity (Grandfather Clause): The restrictions set forth in this Section shall not apply to any Guest who can demonstrate a documented, consistent history of independent commercial importation of antiques from the United Kingdom (via full or shared sea containers) occurring prior to the date of their initial registration for this Tour. The burden of proof for this exception lies solely with the Guest.
* e. Permitted Personal Purchases: Nothing in this agreement prevents the Guest from purchasing incidental, non-commercial items for their own personal use or primary residence, nor from shipping such items via standard individual parcel services.
* f. Liquidated Damages for Breach: Guest acknowledges that a breach of this commercial shipping restriction would cause the Tour Operator irreparable harm and lost business value that is difficult to quantify. Therefore, Guest agrees to pay the Tour Operator a fee of $7,500.00 per occurrence as liquidated damages, and not as a penalty, for any unauthorized commercial container shipment organized in violation of this Agreement.

10. NON-COMPETE AGREEMENT
* a. Restriction on Competitive Activities: Guest agrees that, for a period of three (3) years following the conclusion of the tour, Guest shall not, directly or indirectly, whether as an individual, employee, consultant, owner, or otherwise, engage in, organize, operate, or participate in any business or activity that is substantially similar to the tour provided by Tour Operator, specifically including but not limited to organizing or conducting guided tours in the United Kingdom focused on the purchase of antique furniture, furnishings, collectibles, or other items of personal property, or any tours that imitate or replicate the unique structure, vendor relationships, itinerary design, or operational methods of Tour Operator’s tours. This restriction applies to Guest and any Closely Affiliated Party, defined as any individual or entity with whom Guest has a familial, financial, or business relationship, including but not limited to spouses, immediate family members, business partners, or entities in which Guest holds a controlling interest, regardless of Guest’s or Closely Affiliated Party’s place of residence or operation.
* b. Geographic Scope: The restrictions in this section shall apply to any such competitive activities conducted within the United Kingdom, which Guest acknowledges is the primary location of Tour Operator’s services and business interests.
* c. Legitimate Business Interest: Guest acknowledges that Tour Operator has a legitimate business interest in protecting its proprietary tour itineraries, vendor relationships, customer contacts, operational methods, and unique business model, developed through significant time, effort, and resources. Guest agrees that this non-compete clause is reasonable in scope, duration, and geographic area to prevent unauthorized imitation or replication of Tour Operator’s business model or methods.
* d. Governing Law and Jurisdiction: Guest agrees that this non-compete clause shall be governed by and construed in accordance with the domestic substantive laws of the State of Michigan, as set forth in Section 9 of this Agreement, regardless of Guest’s place of residence or the jurisdiction in which any competitive activities occur. Guest further agrees to submit to the exclusive jurisdiction of the State of Michigan Circuit Court sitting in Traverse City, Michigan, as set forth in Section 10, for any disputes arising under this clause.
* e. Enforcement: Guest agrees that any breach of this non-compete clause may cause irreparable harm to Tour Operator, and Tour Operator shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, to enforce this clause in Michigan or any other jurisdiction where a breach occurs. If any provision of this clause is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the court may modify the clause to make it enforceable to the maximum extent permitted by applicable law.
* f. Acknowledgment: Guest represents and warrants that they have had the opportunity to review this clause with legal counsel and understand its terms and implications, including its application regardless of Guest’s residence or nationality. Guest agrees that compliance with this clause will not impose an undue hardship on Guest or any Closely Affiliated Party.

11. GOVERNING LAW
This Agreement, the rights of the parties, and all actions arising in whole or in part under or in connection with it, will be governed by and construed in accordance with the domestic substantive laws of the state of Michigan, without giving effect to any choice or conflict-of-law provision or rule that would cause the application of the laws of any other jurisdiction.

12. VENUE
The parties (a) irrevocably submit to the jurisdiction of the State of Michigan Circuit Court sitting in Traverse City, Michigan, in any action arising out of this Agreement, (b) agree that all claims in any action may be decided in such court, and (c) waive, to the fullest extent that they may effectively do so, the defense of an inconvenient forum. The parties also agree that a final judgment in any such action will be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

13. WAIVER OF JURY TRIAL
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LEGAL REQUIREMENT THAT CANNOT BE WAIVED, THE PARTIES WAIVE AND COVENANT THAT THEY WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT, OR OTHERWISE), ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING IN WHOLE OR IN PART UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER NOW EXISTING OR ARISING AFTER, AND WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. THE PARTIES AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY, AND BARGAINED-FOR AGREEMENT AMONG THE PARTIES IRREVOCABLY TO WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION WHATSOEVER BETWEEN OR AMONG THEM RELATING TO THIS AGREEMENT, AND THAT SUCH ACTIONS WILL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

14. MODIFICATIONS TO AGREEMENT
Tour Operator may revise this Agreement at any time and Guest agrees to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to Tour Operator’s website. It is Guest’s responsibility to return to this Agreement from time to time to review the most current terms and conditions. Tour Operator does not and will not assume any obligation to notify Guest of changes to this Agreement.

15. ELECTRONIC COMMUNICATIONS AND SIGNATURES
Guest agrees to be bound by any affirmation, assent, or agreement transmitted through Tour Operator’s website, including but not limited to any consent to receive communications from Tour Operator solely through electronic transmission. Guest agrees that when Guest clicks on an “I agree,” “I consent,” or other similarly worded “button” or entry field with a mouse, keystroke, or other computer device, such agreement or consent will be legally binding and enforceable and the legal equivalent of a handwritten signature.