GENERAL RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY & INDEMNITY AGREEMENT
This Agreement was made between ________________ (herinafter referred to as Passenger) and Inchanted Journeys to release Inchanted Journeys from all Assumption of Risk, Waiver of Liability & Indemnity in respect to Trip/Journey. The following is applicable to Inchanted Journeys (hereinafter, referred to as Inchanted Journeys, “we”, and “our”):
We and our directors, employees, facilitators, and agents, acting on behalf of services provided by Inchanted Journeys, give notice that we act only as an agent for any and all individuals or organizations providing services and assume no responsibility howsoever caused for injury, loss or damage to person or property in connection with any service resulting directly from: acts of God, detention, annoyance, delays, expenses arising from quarantine, strikes, thefts, pilferage, personal injury, failure of any means of conveyance to arrive or depart as scheduled, civil disturbances, terrorism, government restrictions or regulation, discrepancies or changes in transit.
Changes in the itinerary may be made where deemed advisable for the comfort and well-being of the passengers. We reserve the right to cancel or change the itinerary or substitute services without notice. Additionally, we reserve the right to decline, accept or retain any Passenger as a Passenger of these tours at any time.
The Passenger waives any claims for any damage to or loss of property, injury or death due to any act or failure to act of any airline, hotel, any other persons or organizations rendering any of the services or accommodations in support of or on behalf of Inchanted Journeys. This is inclusive of personal injury and/or personal decisions/choices, to natural disasters or luggage that is damaged, stolen or misplaced. Inchanted Journeys shall not be responsible for any delays, substitution of equipment, or any act of omission whatsoever by the carriers, its agent’s servants, or employees and the Passenger hereby waives any claim arising there from.
On making the deposit to Inchanted Journeys, the Passenger acknowledges that s/he has read and understands the above recited terms and conditions, and agrees to be bound by them. Note particularly that we do not assume any responsibility or liability for the safety of any participating individual while engaged in any ceremony, walking, hiking, climbing, rappelling, swimming, running, firewalking, or any and all other related activities during our trip.
Passenger understands their trip is predicated on their being physically fit to engage in any ceremony, walking, hiking, climbing, rappelling, swimming, running, firewalking, or any and all other related activities during our trip under supervision of Inchanted Journeys, or otherwise. Passenger additionally certifies that s/he is aware of the nature of activities relating to any of the above mentioned activities and assumes any risk involved therein. Passenger represents that when s/he engages in any of the above mentioned activities, s/he is sufficiently experienced and qualified to participate in such activities at his/her own risk. Passenger voluntarily assumes all risk of loss, damage or injury that may be sustained while engaged in said travel program.
The undersigned Passenger further agrees to release Inchanted Journeys and our agents and/or our employees thereof from any and all liability resulting from death or personal injuries, including loss of services, whether resulting from negligence of anyone in charge of or participating in said activities above or from the ownership, maintenance, use, operation, or control of any automobile, ship, airplane, bicycle, boat, vehicle, inn, hotel, common carrier, or otherwise.
This Application signed by Passenger, or by the parent or guardian of any minor passenger, and is in all respects subject to the terms and conditions above, which have been read and unconditionally accepted. All disputes and matters shall be litigated, if at all, in and before a court located in the State of North Carolina, U.S.A., to the exclusion of courts of any other country or state.
The Passenger further agrees to observe strictly and comply with such additional reasonable terms and regulations as Inchanted Journeys may from time to time deemed desirable, needful or prescribed during the course of the program. Passenger acknowledges the receipt and review of this Agreement and its binding effect even if not signed and returned by Passenger. Undersigned also acknowledges receipt of a copy of this Agreement.