1) Assumption of the Risk. I have been informed of and understand the various aspects of the Trip including, but not limited to, travel, itinerary, logistics, cancellation, and related Trip activities. I am aware and understand that the Company does not have control over the independent suppliers that will be providing accommodations and services as part of the Trip. I am further aware and understand that the Trip is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss because of the actions or inactions of Myself or others, travel, weather conditions, and other risks not known to Me or the Company not reasonably foreseeable at this time. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE TRIP WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING FROM THE TRIP.
2) General Release. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and their respective parent, subsidiary, and affiliated companies and their respective officers, directors, managers, employees, agents, affiliates, shareholders, members, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my participating in the Trip, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
3) Health Attestation. I certify that I am physically and mentally capable of participating in the Trip. I understand that it is my responsibility to ensure that I am in good health and have no medical conditions that could be aggravated by participating in the Trip. I agree to follow all safety guidelines and instructions provided by the Company and to take necessary precautions to protect Myself and others. I acknowledge that the Company is relying on these statements to allow Me to participate in the Trip.
4) Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company or any other Releasees in a final, arising out of or resulting from any claim of a third party related to my participating in the Trip, including any claim related to my own negligence or the ordinary negligence of the Company.
5) Consent To Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Trip. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.
6) Insurance. I understand and acknowledge that the Company is not and will not provide any insurance coverage for Me. I understand that it is my responsibility to obtain adequate travel insurance, including medical and trip cancellation coverage, for the duration of my participation in the Trip.
7) Travel Arrangements. I understand and agree that, although the Company will attempt to maintain the Trip as described in its publications, the Company reserves the right to change the Trip including, but not limited to, the itinerary, travel arrangements, or accommodations at any time and for any reason, with or without notice. I further understand and agree that the Company is not responsible or liable for any expenses or losses that I may sustain because of these changes or any travel-related issues, including but not limited to flight delays, cancellations, lost baggage, or any other travel-related incidents.
8) Photography and Media Release. I grant permission to the Company to use any photographs, videos, or other media taken during the Trip, in which I may appear, for promotional and marketing purposes without any compensation to Me.
9) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Florida, USA. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Florida, USA.
10) Full Agreement. This Agreement constitutes the sole and entire agreement of the Company and Me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.