Woodland Hills, CA 91367 | 713-309-6563 | email@example.com
GET LOST VIP PANAMA EXPERIENCE
RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT (“Agreement”)
1. EXPERIENCE AND ASSOCIATED RISKS: I have chosen to participate in the above-referenced experience (hereinafter referred to as the “Experience”), which is organized by Get Lost VIP. I understand that in consideration of my participation in the Experience and the services provided by Get Lost VIP, its agents, owners, officers, volunteers, directors, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “GLV”), I, on behalf of my spouse, children, parents, heirs, assigns, personal representative, and estate (collectively referred to as “Participant/You”), hereby agree to release and discharge GLV as follows:
The Experience involves Activities that may be inherently hazardous, including any Activities described in separate documents for the Experience, Activity Level & Risks & Hazards, which have been provided to Participant and which Participant has read, and understands. During the Experience, Participant may be exposed to dangers and hazards, including equipment failures and negligence by others. As a consequence of these Risks, Participant may be seriously hurt or disabled or may die from the resulting injuries, and Participant’s property may also be damaged. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Experience and, where available, may be expensive, and GLV assumes no responsibility for providing medical care during the Experience, and Participant will have to pay for any medical care and/or evacuation that they incur. In consideration of the participation in the Experience, Participant agrees to the terms contained in this Agreement.
2. ASSUMPTION OF THE RISKS: Participant hereby freely assumes the above-mentioned Risks and any harm, injury or loss that may occur to Participant or Participant’s property as a result of their participation in the Experience including any Risks caused by the negligence of GLV, its employees and officers, its contractors, and other experience participants.
3. WAIVER OF LIABILITY AND RELEASE: Participant does hereby WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS and forever discharge GLV its employees, officers, directors, vendors and contractors (Released Parties) from any and all liability, claims, and causes in action, which arises or may hereafter arise or are in any way connected to Participant’s involvement in or related to the Experience. Participant understands that this Agreement discharges GLV from any liability or claim that the Participant may have against GLV with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in the Experience, whether caused by the negligence of GLV, or otherwise. Participant also understands that GLV does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in at the Experience bear certain known inherent Risks that contribute to the unique character of these Activities, and that GLV cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in salsa dancing, ferry or boat rides, and hiking activities, as well as those inherent in backcountry recreational activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: Participant hereby agrees to INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS, LOSSES, AND DEMANDS that arise from Participant’s acts or failure to act (including Participant’s own negligence) during or relating to the Experience including misuse or breach of applicable law. In accordance with this Agreement, Participant will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. Participant will defend or settle any Claim at your sole expense and Participant must not settle any Claim against GLV without GLV’s prior written approval. Participant agrees that in the event of their death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on Participant’s estate, and Participant’s personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.
5. OTHER FORMS & TERMS: Participant has carefully read GLV’s Information, and is familiarized with all of the information provided about the Experience. Participant agrees to all the conditions in the Experience information including the sections about Participant’s responsibilities and about GLV’s legal limitations. Participant acknowledges that GLV has no control over and assumes no responsibility or liability for the actions of any Independent Contractors providing any services for the Experience.
6a. MEDICAL CARE: Participant does hereby release and forever discharge GLV from any liability, claims, and causes in action that arises or may hereafter arise on account of any first aid, treatment, counseling, therapy, or service rendered or not rendered in connection with the Participant’s involvement in a Experience.
b. CONSENT TO MEDICAL TREATMENT: If during the experience. You are rendered unconscious or incompetent or otherwise cannot effectively make decisions regarding Your medical care, You authorize in advance the provision of any emergency medical treatment deemed necessary or advisable for You. You also authorize GLV and its employees and contractors to make health care decisions for You and to give or withhold informed consent to health care on Your behalf at any time during the Experience when Your family members are unable to make such decisions. You agree that You will pay for all medical treatment that You receive, including any evacuation whether directly or through reimbursement to GLV.
Participant verifies that all of the preceding information is correct, Participant agrees that it can be shared with guides and other service providers during the Experience and agrees to the preceding consent and authorization of medical treatment.
7. CERTIFICATION AND ASSUMPTION OF RISK: Participant hereby certifies that he/she is physically and mentally fit for participation in the Experience and has not been advised otherwise by a qualified medical person. Participant agrees that GLV is not qualified to evaluate Participant or Participant’s fitness for involvement in the Experience. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Experience, including, but not limited to all Risks. Participant agrees that his/her involvement in the Experience is purely voluntary, and Participant elects to participate in the Experience in spite of the Risks.
8. TRAVEL INSURANCE & PROTECTION: Participant is responsible for ensuring that You have a valid passport, any necessary visas, and any necessary or required inoculations or other health requirements. Participant is responsible for arranging your own travel insurance which should cover You for the Activities You plan to undertake and have adequate coverage for travel delays, cancellation and curtailment, lost or delayed luggage, medical expenses, and Your personal belongings. GLV recommends You take out travel insurance within 15 days of taking the Experience. It is Your responsibility to check and fulfill the passport, visa, health, and immigration requirements applicable to Your itinerary. GLV can only provide general information about this. You must check requirements for Your own specific circumstances with the relevant Embassies and/or Consulates and Your own doctor as applicable. Requirements do change, and You must check the up-to-date position in good time before departure.
For medical information about Your destination, GLV recommends contacting the Centers for Disease Control at (1-800- CDC-INFO) or go to http://www.cdc.gov/travel. GLV does not accept any responsibility if You cannot travel or incur any other loss because You have not complied with any passport, visa, immigration requirements, or health formalities. You agree to reimburse GLV in relation to any fines or other losses which we incur as a result of Your failure to comply with any passport, visa, immigration requirements, or health formalities.
Due to enhanced security, it is strongly recommended that You check-in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancelation of all continuing and return flights, as well as forfeiture of airfares. If You or any member of Your party miss your flight or other transport arrangements, it is canceled, or You are subject to a delay of over 3 hours for any reason, please contact GLV and the airline or other transport supplier concerned immediately.
9. PHOTOGRAPHY & VIDEOGRAPHY: Participant grants and conveys GLV all rights, title, and interest in all photographic images, videography, and audio recordings taken at any event or during any Experience activity. GLV reserves the right to use any photograph/video taken without the express written or verbal permission of those included within the photograph/video. GLV may use the photograph/video in publications or other media material produced, used, or contracted by GLV including but not limited to royalties, proceeds, or other benefits derived. Participant also authorizes GLV to use the photograph/video in but not limited to brochures, invitations, books, newspapers, magazines, television, websites, customer references, etc.
10. PERSONAL PROPERTY: Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the Experience and that GLV is not responsible in any way for such property whether it is lost, stolen, or damaged.
11. GOVERNING, LAW, JURISDICTION, AND SEVERABILITY: This Agreement will be interpreted according to the laws of the State of California in the United States. You agree to make good faith attempts to resolve any disputes that may arise from this Agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in California. If the good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed exclusively in federal or state court in Los Angeles County, California. You agree to personal jurisdiction in the specified forum. If any portion of this Agreement is determined by a court to be null and void, the remaining portions of this Agreement shall nevertheless remain valid and binding upon the parties.
“Activities” include, but are not limited to the following activities which may be provided and/or sponsored by GLV: yoga, hiking, high altitude hiking, boat or ferry tours, excursions, transportation in GLV or other vehicles, rum tasting, wine tasting, traveling to and from the Experience, and all other activities associated with the Experience.
“Claims” include any actions, claims, proceedings, demands, judgments, settlements, or complaints of any nature.
“Independent Contractors” include but are not limited to any vendor, third party, or service provider.
“Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightning, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, rider error, Participant error, food provided, facilities, actions of other people, and acts of God. Risks inherent in yoga or other physical activities are dangers or conditions that are an integral part of yoga activities, recreational or therapeutic activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, Participants, volunteers, and spectators. Risks inherent in outdoor and backcountry recreational activities are dangers or conditions that are an integral part of outdoor and backcountry recreational activities, including but not limited to sudden weather changes, rain, snow, wind, hail, and/or lightning.