Please read this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement (“Agreement”) carefully, this is a waiver of rights. Please initial on the line provided after each paragraph to indicate that you have read and understood that paragraph. No Additions, deletions, changes or the omission of initials or signatures are permitted on this Agreement. The omission of initials for any paragraph does not void the agreement with respect to that paragraph.
In Consideration for, and as an inducement to, Journey Mexico, LLC (“Journey Mexico”) permitting Participant, named below, to participant in the trip, tour, vacation, retreat or expedition (“Trip”) designated below, the undersigned, each individually, for him/herself or for the participating minor child, and any personal representative, heirs, and assigns of the Participant, agree as follows:
ASSUMPTION OF RISKS: The undersigned acknowledges and agrees that he or she has read the description and understands the nature of the Trip and that participating in the Trip and the activities entailed involves numerous inherent risks and dangers, including the risk of serious injury, accident, illness, death and property damage, resulting from the forces of nature; local insects, flora and fauna; civil unrest; terrorism; misused or poorly maintained equipment or other mechanical failure, roads, trails, hotels, vehicles or other means of conveyance, boats, jet skis or other vessels for use on or in water; high altitude; improper or no access to means of rapid evacuation or availability of medical attention or supplies; the adequacy of medical attention; physical exertion for which Participant is not prepared; the consumption of alcoholic beverages; or negligence on the part of Participant, Journey Mexico, or third parties including, but not limited to other participants and vendors. The undersigned acknowledges that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, which is a reason for Participant’s voluntary participation.
THE UNDERSIGNED DOES HEREBY KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME FULL RESPONSIBILITY FOR EACH OF THE RISKS AND DANGERS INHERENT TO THE TRIP AND ACTIVITIES AND FOR ALL OTHER RISKS AND DANGERS THAT COULD ARISE OUT OF OR OCCUR DURING THE TRIP.
RELEASE & WAIVER: The undersigned acknowledges that the cost of all Journey Mexico trips is based upon Participants and their guardians or parents executing this Agreement. THE UNDERSIGNED HEREBY FOREVER, RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Journey Mexico, LLC, and its officers, directors, employees and agents (collectively the “Releasees”) FROM AND FOR ANY LIABILITY RESULTING FROM ANY PERSONAL INJURY, ACCIDENT, OR ILLNESS INCLUDING DEATH AND/OR LOSS OF PROPERTY, HOWEVER CAUSED, ARISING FROM, OR RELATED IN ANY WAY TO, PARTICIPANT’S PARTICIPATION IN THE TRIP, EXCEPT THOSE CAUSED BY THE WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR INTENTIONAL TORTS OF RELEASEES AS APPLICABLE.
INDEMNIFICATION AND HOLD HARMLESS: The undersigned also hereby agrees to INDEMNIFY,
DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Trip, except for those arising out of the willful misconduct, gross negligence or intentional torts of the above parties, as applicable.
GOVERNING LAW; SEVERABILITY: The undersigned agrees that this Agreement shall be governed by and interpreted pursuant to the laws of Nevada, without regard to conflict of laws principles. The undersigned expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGMENT OF UNDERSTANDING: The undersigned has carefully read this Agreement, and has had the opportunity to ask questions about the same. The undersigned fully understands the terms of this Agreement, that the undersigned is giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledges that he or she is signing this Agreement freely and voluntarily.
