This is a legally binding Release, Waiver, and Assumption of Risk (collectively, 'Release'), made voluntarily by me, the undersigned participant, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, 'Participant', 'I', or 'me', which terms shall also include Participant's parents or guardian, if Participant is under 18 years of age), to the Black Sheep Adventures, Inc. agents, owners, officers, volunteers, participants, employees, contractors and all other persons or entities acting in any capacity on its behalf (hereinafter collectively, 'BSA'), and Massachusetts Institute of Technology, including the MIT Alumni Association, the MIT Alumni Travel Program, and all of its and their affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, volunteers, agents, administrators, assigns, and contractors (hereinafter collectively, 'MIT'), in consideration of the services provided by BSA, acting as the tour operator managing the tour, and MIT, acting as the tour sponsor. I hereby agree to release, indemnify, and discharge BSA and MIT on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: - I acknowledge that viewing the solar eclipse is subject to atmospheric, environmental, and other factors beyond the control of BSA. Should atmospheric conditions prevent me from viewing the eclipse as planned, I will not hold BSA responsible. In the event of inclement weather, I permit BSA to pursue alternate arrangements with the goal to view the eclipse. In any case, I understand no guarantee is made that the eclipse will be visible.
- I agree to the terms and conditions related to my participation in the activity that were shared in writing at the time of booking, including the cancellation policy.
- I acknowledge BSA reserves the right to withdraw any participant from a tour at any time at his/her own expense, when such action is determined by tour staff to be in the best interest of the health, safety, or general welfare of the tour group or the individual participant, and subject only to the requirement that the recoverable portion of the tour price that corresponds to the cost of unused services and accommodations be refunded, if any.
- I acknowledge that the itinerary for this tour is subject to change and every reasonable effort will be made to operate the program as planned; however, should unforeseen events and conditions require the itinerary to be altered, BSA reserves the right to do so for the safety and best interest of the group. I agree any extra expenses incurred in this situation are the responsibility of the participants. If any speaker or local experts must cancel their participation in this program, BSA will attempt to provide, but cannot guarantee, a suitable replacement.
- I acknowledge that my participation in the Activity including, but not limited to, viewing a total solar eclipse, hiking, kayaking, and other activities, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to third parties or to property. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. The risks include, but are not limited to: potential eye injury if improperly viewing the eclipse, collision with fixed or movable objects; the negligence of other operators of motor vehicles or myself; my own physical condition; the condition of roads/trails, uneven terrain, and accidents connected with their use; slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, hazardous plant life; exposure to illness such as, but not limited to, viruses such as COVID-19; equipment failure; and improper lifting or carrying.
- I expressly agree and promise to accept and assume all of the risks and responsibilities in any way arising from or associated with the Activity.
- I hereby voluntarily agree to indemnify, defend, and hold harmless BSA and MIT thereby releasing and forever discharging them from any and all claims, demands, damages, liabilities, judgments, suits, or causes of action, which are in any way connected with my participation in this Activity or my use of BSA's equipment or facilities,excluding any such claims related to the gross negligence or intentional misconduct of BSA.
- I hereby grant my permission for any and all emergency medical/dental treatment and/or first aid to be administered to me, including authorizing any medical treatment facility/hospital to administer emergency treatment, for any illness/injury/accident resulting from participation in the Activity.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or in the alternative, I agree to bear the costs of treatment for such injury or the costs of damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- I grant permission and irrevocably authorize BSA to copyright, use and publish for any legal purposes whatsoever any and all movies, videos, and photographs of me/my minor child(ren) taken on tour, if applicable, and to use them for promotional and/or commercial purposes without recourse or compensation to me. All such photographs shall be the sole property of the above named entity and I release them from any claims whatsoever, which arise in said regard.
- I agree that any dispute concerning, relating, or referring to this contract, brochures, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in San Francisco, California. Such proceedings will be governed by substantive California law excluding any application or consideration of the California Arbitration Act.
By signing this document, I acknowledge that if I or anyone in my party is hurt or property is damaged during my participation in this Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against BSA and MIT on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. July 20, 2025
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