ROAM LIFESTYLES AGREEMENT PLEASE READ THIS WAIVER CAREFULLY. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE ABILITY TO SUE CERTAIN PARTIES INCLUDING ROAM LIFESTYLES. DO NOT INDICATE YOUR AGREEMENT TO THIS DOCUMENT UNLESS YOU HAVE READ AND UNDERSTOOD IT IN ITS ENTIRETY. BY AGREEING TO THIS DOCUMENT, YOU ACKNOWLEDGE THAT YOU HAVE BOTH READ AND UNDERSTOOD THE TEXT PRESENTED TO YOU AS PART OF THE REGISTRATION PROCESS. YOU ALSO UNDERSTAND AND AGREE THAT EVENTS CARRY CERTAIN INHERENT DANGERS AND RISKS WHICH MAY OR MAY NOT BE READILY FORESEEABLE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH. YOUR ABILITY TO PARTICIPATE IN THE EVENT(S) IS/ ARE SUBJECT TO YOUR AGREEMENT TO THE WAIVER AND BY AGREEING HEREIN, YOU ACCEPT AND AGREE TO THE TERMS OF THE WAIVER AND RELEASE AGREEMENT. BY SIGNING BELOW, YOU ARE INDICATING YOUR ACCEPTANCE. YOU UNDERSTAND, AGREE, WARRANT, AND COVENANT AS FOLLOWS. ALL TRAVELERS COVERED WITHIN THIS BOOKING WITH ROAM LIFESTYLES ARE REQUIRED TO ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE TRIP BY SIGNING THIS RELEASE AND WAIVER OF LIABILITY. THE UNDERSIGNED PARTICIPANT ("VASION"), THEIR CLIENTS AND ON BEHALF OF THE PARTICIPANT'S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND EXECUTORS, HEREBY FULLY AND FOREVER RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ROAM LIFESTYLES OR ANY AFFILIATE THEREOF, ANY SPONSOR OR CO-SPONSOR, INCLUDING THEIR OFFICERS, DIRECTORS, AND EMPLOYEES, THEIR SUBSIDIARIES AND/OR RELATED COMPANIES OR INDIVIDUALS RELATED TO THE TRIP FROM ALL LIABILITY TO THE PARTICIPANT AND HIS/HER PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND EXECUTORS, FOR ALL LOSSES OR DAMAGES AND ANY AND ALL CLAIMS OR DEMANDS, THEREFORE, ON ACCOUNT OF INJURY TO THE PARTICIPANT OR PROPERTY OR RESULTING IN THE DEATH OF THE PARTICIPANT, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ALL OR ANY OF THE RELEASEES OR OTHERWISE, IN CONNECTION WITH THE PARTICIPANT'S PARTICIPATION IN THE TRIP. THE PARTICIPANT IS FULLY AWARE OF THE RISKS AND HAZARDS INHERENT IN PARTICIPATING IN THE TRIP AND HEREBY ELECTS TO VOLUNTARILY PARTICIPATE IN THE TRIP, KNOWING THE RISKS ASSOCIATED WITH THE TRIP WHICH MAY INCLUDE THE PERSONAL USE OF PUBLIC TRANSPORTATION AND/OR PRIVATE TRANSPORTATION (INCLUDING METRO/TAXIS/SCOOTERS/BOATS/YACHT) IN THE COUNTRIES THE PARTICIPANT WILL BE VISITING. THE PARTICIPANT HEREBY ASSUMES ALL RISKS OF LOSSES, DAMAGES, OR INJURIES THAT MAY BE SUSTAINED BY HIM/ HER WHILE PARTICIPATING IN THE TRIP. THE PARTICIPANT ACKNOWLEDGES THAT DEPOSIT IS NON-TRANSFERABLE AND NON-REFUNDABLE. FURTHER, THE PARTICIPANT AGREES TO PAY THE ENTIRE AMOUNT OF TRIP FEES BY DEADLINE OUTLINED ON THEIR INDIVIDUAL INVOICE. NO TRIP FEES ARE REFUNDABLE WITHIN 30 DAYS OF TRAVEL. PARTICIPANT MAY BE ABLE TO TRANSFER TRIP FEES TO ANOTHER TRIP WITHIN ONE CALENDAR YEAR UNDER CIRCUMSTANCES AGREED UPON BY ROAM LIFESTYLES. ALL CANCELLATION REQUESTS MUST BE SUBMITTED VIA EMAIL TO HELLO@ROAMLIFESTYLES.COM. IN THE EVENT THE TRIP IS DELAYED OR PREVENTED BY REASON OF FIRE, THREATENED OR ACTUAL STRIKE, LABOR DIFFICULTY, WORK STOPPAGE, INSURRECTION, WAR, PUBLIC DISASTER, FLOOD, UNAVOIDABLE CASUALTY, BUS FAILURE, PANDEMICS, GOVERNMENTAL ACTIONS, ACTS OF GOD OR THE ELEMENTS (INCLUDING BUT NOT LIMITED TO HURRICANES, TORNADOES, EARTHQUAKES), OR OTHER CAUSES BEYOND THE CONTROL OF ROAM LIFESTYLES, THERE SHALL BE NO REFUND OF THE DEPOSIT FEE, TRIP FEE, OR ANY OTHER COSTS TO THE PARTICIPANT IN CONNECTION WITH THE TRIP. IF THE TRIP IS CANCELED ON THE PART OF ROAM LIFESTYLES, TRIP FEES WILL BE CREDITED TO PARTICIPANT'S ACCOUNT FOR FUTURE TRAVEL. THE PARTICIPANT ACKNOWLEDGES THEY ARE UNDER ANY AND ALL OBLIGATIONS FOR ANY MEDICAL TREATMENT NEEDED. THE PARTICIPANT WARRANTS THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND CORRECT AND UNDERSTANDS THAT RELEASES HAVE RELIED ON THEM IN ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE TRIP. REGISTRATION AGREEMENT AND LIABILITY WAIVER (THE "AGREEMENT AND WAIVER") 1. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. YOU REPRESENT AND WARRANT TO ROAM LIFESTYLES THAT YOU HAVE FULL LEGAL AUTHORITY TO COMPLETE THIS EVENT REGISTRATION ON BEHALF OF YOURSELF AND/OR ANY PARTY YOU ARE REGISTERING (THE "REGISTERED PARTIES"), INCLUDING FULL AUTHORITY TO MAKE USE OF THE CREDIT OR DEBIT CARD TO WHICH REGISTRATION FEES WILL BE CHARGED. IF YOU ARE REGISTERING A CHILD UNDER THE AGE OF 18 OR AN INCAPACITATED ADULT YOU REPRESENT AND WARRANT THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF THAT PARTY AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON THEIR BEHALF AND BY PROCEEDING WITH THIS EVENT REGISTRATION, YOU AGREE THAT THE TERMS OF THIS AGREEMENT AND WAIVER SHALL APPLY EQUALLY TO ALL REGISTERED PARTIES. 2. WAIVER. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS/WATER AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY, RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ROAM LIFESTYLES FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY. 3. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD ROAM LIFESTYLES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE TRIP. 4. APPLICABLE LAW; CONSENT TO JURISDICTION. ROAM LIFESTYLES IS CONTROLLED BY ROAM LIFESTYLES LLC FROM ITS OFFICES WITHIN THE STATE OF UTAH, UNITED STATES OF AMERICA. BY COMPLETING THIS EVENT REGISTRATION, BOTH YOU AND ROAM LIFESTYLES AGREE THAT THE STATUTES AND LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF, WILL APPLY TO ALL MATTERS RELATING TO THIS EVENT REGISTRATION, THIS AGREEMENT AND WAIVER, THE TERMS OF USE. YOU AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE WITH ROAM LIFESTYLES RESIDES IN THE COURTS OF THE STATE OF UTAH AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF THE STATE OF UTAH IN CONNECTION WITH ANY DISPUTE INCLUDING ANY CLAIM INVOLVING ROAM LIFESTYLES OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, TELECOMMUNICATION PROVIDERS AND CONTENT PROVIDERS. 5. SEVERABILITY. YOU FURTHER EXPRESSLY AGREE THAT THIS AGREEMENT AND WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF UTAH AND THE UNITED STATES OF AMERICA AND THAT IF ANY PROVISION OF THIS AGREEMENT AND WAIVER SHALL BE FOUND TO BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND WAIVER AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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