LIABILITY WAIVER, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ CAREFULLY BEFORE SIGNING.
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In consideration of the services (“Tour”) provided by Furthest Frontiers Expeditions LLC (“FFX”), I, an adult traveler agree to the following terms and conditions to the maximum extent allowed by law on my own behalf that I am signing.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
I am voluntarily participating on the Tour, which will involve one or more of the following activities depending on my itinerary and the activities in which I elect to participate: walking, trekking, hiking, alpine hiking, activities including mountaineering and hiking at high or extreme altitude, canyoneering, caving, cycling, scuba diving, hang-gliding, horse riding, rock climbing, helicopter activities, backpacking, rope climbing, camping, white water rafting, surfing, hot air balloon rides, rappelling, sea kayaking, paragliding, mountain biking, swimming in various bodies of water such as rivers and lakes, parasailing, travel in jet boats, nature walks, travel in public and private transportation, zip lining, encounters with wild fauna and flora, and/or other outdoor activities or sports (collectively, “Adventure Activities”). I understand that this list is not exhaustive of all Adventure Activities that may be made available to me and that I may decide to participate in.
I acknowledge that I am voluntarily participating on the Tour with knowledge that travel involves numerous risks and dangers including, but not limited to, the following: dangers and risks inherent in Adventure Activities; negligence by FFX in the conduct or arrangement of the Tour in any respect from inception to completion; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; forces of nature; civil unrest and war; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in the United States; crossing roadways and entering/exiting vehicles; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures, malfunctions or deficiencies; contact with wild animals; social or labor unrest; consumption of alcoholic beverages; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; diseases; epidemics; bites or stings from insects or pests; local laws; climactic conditions; abnormal conditions or developments; negligence by third party service providers; financial default of any third party suppliers; and any actions, omissions or conditions outside of FFX’s control not mentioned herein.
I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Tour provided by FFX. Furthermore, FFX’s guides/ instructors/facilitators have difficult jobs to perform involving judgment of the weather, the elements, the terrain and other aspects of the Tour. They must also make judgments when providing warnings or instructions. They seek safety, but they are not infallible and may misjudge the weather or other environmental conditions.
I acknowledge that these are some, but not all, of the inherent and acquired risks associated with the activities performed on an FFX tour. A complete listing of inherent and acquired risks is not possible.
I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Tour, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in the Tour, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition. I certify that I am physically able and fit to participate in the Tour and all activities in which I decide to participate.
WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, I, an adult traveler, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE FFX, its owners, shareholders, officers, employees, directors, representatives, volunteers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which I now have or may later have against the Released Parties arising out of, relating to, or in connection with the Tour arranged through or provided by FFX whether arising from the Released Parties’ negligence or otherwise.
In addition, I agree to fully indemnify (that is protect and defend, and satisfy claims against) and hold harmless each Released Party from any and all claims, actions, suits and demands (including all reasonable attorney’s fees and costs incurred by the Released Party) initiated by a third party and arising from, attributable to or related to my negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the trip.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RLEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am signing this agreement, my heirs, as well as my next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risk associated with this trip and to release FFX from any and all liability to the maximum extent permitted by law.
CHOICE OF LAW, FORUM AND SEVERABILITY
I agree that any dispute concerning, relating, or referring to this Agreement, FFX’s tour brochures or any other materials that concern my tour, the tour itself, or any claim for damages due to injury or death which occurs during or in connection with my tour, shall be resolved exclusively by binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitrator(s) must be travel industry experts. Arbitration shall take place in Clayton, Missouri, United States of America. The arbitration must be governed by the laws of the State of Missouri. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in personal hearings. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required, by statute. Each party will bear its own costs and expenses and an equal share of the arbitrator(s)'s and administrative fees of arbitration. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration, hereunder, without the prior written consent of both parties.
The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
I HAVE CAREFULLY READ THE FORGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND AGREE WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
THIS DOCUMENT IS AN ARBITRATION AGREEMENT: PLEASE READ IT CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHT TO GO TO COURT TO SEEK LEGAL REMEDIES. INCLUDING ANY RIGHTS YOU MAY HAVE TO A TRIAL BY JURY. INSTEAD OF SETTLING ANY CLAIMS OR DISPUTES IN COURT, YOU AND TOUR OPERATOR AGREE TO HAVE ANY CLAIMS OR DISPUTES SETTLED BY BINDING ARBITRATION. THIS AGREEMENT WILL BE BINDING ON BOTH PARTIES AND WILL CONTINUE IN EFFECT DESPITE THE TERMINATION OF ANY OTHER CONTRACT BETWEEN YOU AND FFX.
KNOWING AND VOLUNTARY EXECUTION
By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I understand and acknowledge that if I am hurt or my property is damaged during the Tour, I may be found by a court of law to have waived my right to maintain a lawsuit against FFX on the basis of any claim from which I have released them herein. I further acknowledge that I have had an opportunity to ask any and all questions that I may have, and that FFX has answered all questions to my satisfaction. My signature applies to all pages of this document.
By signing below, I represent and warrant that I have the full authority to bind myself to this agreement, that I am 18 years or older, and that all information that I have submitted with this agreement is truthful and accurate. I agree that I am signing on behalf of myself and that my signature applies to all pages of this agreement.