Acknowledgement of Risk
Acknowledgement of Risk
ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS
In consideration of being allowed to participate in the Activity (as defined herein) purchased from JusTours, Inc., a Delaware Corporation dba SWAT (“SWAT” or “Released Party”), I hereby understand and agree to this acknowledgment and assumption of risk and responsibility, release of liability and waiver of legal rights to the terms hereof as follows:
Acknowledgment of Risk
I acknowledge that I have voluntarily agreed to purchase the Activity. There are significant elements of risk while traveling, either domestically within the United States or to foreign countries, participation in activities associated with water sports, the outdoors, the presence or use of motorized watercraft, and activities incidental thereto.
I understand that I may travel to remote countries and areas that are inherently risky. I am prepared to assume the risks associated with this Activity including but not limited to: forces of nature; terrorism; civil unrest; war; accidents; and transportation including land vehicles, boats, and aircraft that are not operated or maintained to standards found in the United States of America. I also assume risks associated with altitude, illness, disease, physical exertion, and alcohol consumption, knowing that access to evacuation and/or suitable medical supplies and support may not be available. By signing this document, I agree to take full responsibility for my own actions, safety, and welfare, except for unanticipated events including injury, illness, emotional trauma, or death. I also understand that I will be a member of a group and will conduct myself in a way that will not endanger the group or myself. I understand that if I fraudulently represent myself as fit for this trip, I may be removed prior to or during the trip at my own expense.
Activities covered by this document include: air, water, rail and ground transportation, hotel and other accommodations, restaurant reservations and other food and beverage packages, tours, sightseeing excursions, and other services and activities, and any other recreational activities sold by the Released Party (collectively, the “Activities”). ALL Activities are operated and provided by various third party suppliers and NOT Released Party.
Assumption of Risk
The Activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care and steps the Releasees (as defined herein) or third party supplier who is operating and providing Activity(ies) have taken to avoid injuries. I acknowledge that the same elements that contribute to the unique character of these Activities can cause loss or damage to my equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability, or death.
I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH, ECONOMIC LOSS, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I hereby assert that my participation an Activity(ies) is voluntary and that I knowingly assume all such risks, including those risks not specifically identified. I further understand that I am ultimately responsible for my own safety.
I (and on behalf of my spouse, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively “Successors”)) take full responsibility for, agree to forever release, hold harmless, and discharge SWAT, their owners, officers, agents and employees (collectively, the “Releasees”) from any and all liability, claims, demands or causes of action that I may hereafter have for injuries or damages arising out of my participation in an Activity(ies), included, but not limited to, losses CAUSED BY THE NEGLIGENCE OF RELEASEES.
I acknowledge and realize that by agreeing to this Acknowledgment OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. I am waiving and contractually agreeing to waive all of my rights to sue, make a claim and/or bring any type of action for any loss against any of the entities, individuals, and Releasees as set forth above and described herein.
I fully understand that this agreement to not bring any type of action includes claims I might have for the ordinary negligence and/or carelessness of Releasees. This release is for any type of claim, including any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my participation in an Activity(ies) or use of any equipment or facilities, or travel to or return from the activity.
I agree to hold harmless, defend, and indemnify Released Party and Releasees from all defense costs (including attorney fees, court costs and investigative costs) incurred in connection with all claims arising out of property damage, property loss or theft, personal injury, disability, death or other loss brought by or on behalf of me, a family member, my estate; as well as claims of co-participants, rescuers, spectators, or any other person arising from or relating to my use of the equipment, facilities, and/or participation in the activity, including claims that the Released Party was negligent.
I agree it is my sole responsibility to be familiar with the Releasees’ rules, guidelines, special regulations, and other instructions for the activity. I understand and agree that situations may arise during the activity that may be beyond the immediate control of the Releasees. I will follow all safety rules, guidelines, applicable laws, and other instructions given. I will wear required safety equipment, including wearing a PFD at all times while in any watercraft. I have no physical or medical condition that to my knowledge would endanger others or myself if I participate in this activity, or would interfere with my ability to participate in this activity. I grant Releasees, but by no means are Releasees required, permission to treat me (or the minor) in case of illness, injury, emergency or accident, including administering first aid, CPR, AED or arranging emergency transport. Should emergency medical services become necessary, I understand that the expenses are my responsibility and not that of the Releasees. Personal medical and travel insurance are strongly advised for all participants.
I hereby grant full permission for SWAT, and their respective agents, boards, commissions, and any other involved parties of the foregoing to take and use photographs, video, film, or any other record of this activity, including my name, likeness and/or voice for any legitimate purpose, including for advertising display, audiovisual presentations or otherwise. I waive any right of privacy, publicity, compensation, copyright or other rights to those images.
Every term and provision of this agreement are intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement is entered into voluntarily, after careful consideration and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children and other family members.
Legally Binding Contract
I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights, and Assumption of Risk is a contract pursuant to which I have released any and all claims against the Released Parties resulting from any injury, or death, sustained from participation in an Activity(ies), including any claims for negligence of the Releasees.
I further represent that I am at least 18 years of age, I waive and release any and all legal rights that may accrue to me as the result of any injury I may suffer while engaging in the Activity.
I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND FULLY UNDERSTAND ITS CONTENTS. I SIGN IT OF MY OWN FREE WILL