Including Limitations of Liability and Agreements of Release
Please read carefully, sign, and fax, scan and e-mail, or mail it to our office immediately upon receipt. It affects your rights and the rights of others in the event of a loss related to services provided by Boundless Journeys, Inc. Confirmation of your travel arrangements is not final until you have signed below and delivered a copy of this document to Boundless Journeys, Inc.
In consideration of the services (the Tour) of Boundless Journeys, Inc. (the Company) I, an adult traveler or parent or legal guardian of a traveler who is a minor (under 18 years of age; the Child), acknowledge and agree to the following terms and conditions on my own behalf or, to the maximum extent allowed by law, on behalf of the Child, if applicable:
I, _______________________, acknowledge that I am voluntarily participating on the Tour with knowledge that travel involves numerous risks and dangers including, but not limited to: the forces of nature; civil unrest; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in the United States; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; consumption of alcoholic beverages; or negligence (but not willful or fraudulent conduct) on the part of the Company and other service providers. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from these and other inherent risks of travel. For myself, or for the Child, I assume all risks of the Tour, inherent and otherwise and whether or not described above. I agree to be responsible for my own welfare, and accept any and all risks of delay, unanticipated events, illness, injury, emotional trauma, or death. If signed on behalf of the Child, I have discussed the travel risks with the Child, and he or she wishes to participate in the Tour nevertheless.
I, an adult traveler, or as parent or legal guardian of the Child, for myself and to the maximum extent allowed by law, on behalf of the Child, agree to release and not to sue Boundless Journeys, Inc., its owners, directors, and staff (individually and together, “Released Parties”) with respect to any and all losses which I or the Child may suffer arising from the acts or omissions of the Released Parties, fellow travelers, third party service providers, or any other person. In addition, I agree to indemnify (that is protect and defend, and satisfy claims against) the Released Parties with respect to losses suffered by or caused by me or the Child. These agreements of release and indemnity include claims arising from the negligence (but not the gross negligence or intentionally wrongful acts) of the Released Parties.
The Company reserves the right to replace or substitute guides and accommodations identified in the Tour materials, modify the order in which places are to be visited, and may make other changes in the itinerary where deemed advisable for the comfort and well-being of the travelers.
The Company reserves the right to deny participation in the Tour to any traveler the Company, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the Tour activities, or whose actions or deportment it judges unsuitable for group travel.
I represent that neither I nor the Child (if applicable) has any condition, physical or mental, which would cause me, or the Child, to be a danger to ourselves or to others. I understand that I am solely responsible for determining my emotional and medical suitability for the Tour and will consult with my, or the Child’s, physician and/or a travel medicine expert, regarding medical and health safety precautions appropriate for the Tour. I have answered fully and truthfully the questions posed to me on the Guest Questionnaire regarding my, or the Child’s, medical history and condition, and will notify the Company immediately if those answers require amendment or supplementation.
The Company reserves the right to use photographic or film records of any of its Tours, and may use any such records for promotional and/or commercial purposes, without compensation to the traveler. For myself or for the Child (if applicable) I hereby assign all right, title, and interest in or to any media in which my, or the Child’s, name or likeness might be used by the Company. The Company has no responsibility for photographic or other images taken by others.
I understand that certain services reserved by the Company, including but not limited to transportation, hotel accommodations, restaurants, and others, may be purchased from various independent suppliers not affiliated with the Company (the Third Party Suppliers). These Third Party Suppliers are independent contractors only, and are not agents, partners, co-venturers or otherwise associated with the Company. I understand further that the Company does not and cannot control the quality of their services.
Accordingly, I understand that, even if the Company has recommended or offered the services of a Third Party Supplier which it believes is suitable for me, or the Child, the Company is not responsible for any loss or harm to me, the Child, or any other member of my or the Child’s family, including delay, cancellation, mishap, inconvenience, expense, bodily injury or death, or damage to property, which may arise from an act or omission of a Third Party Supplier, participation in an activity, or visit to a site. In the event of an injury, damage to property, delay or any other loss, compensation must be sought from the Third Party Suppliers, not from the Company.
I understand further that each of these Third Party Suppliers is subject to the laws of the state or country in which the service is provided. The liability of Third Party Suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
I understand that trip applications are subject to acceptance by Boundless Journeys, Inc., and upon acceptance shall be deemed to have been entered into in the State of Vermont. In the unlikely event a legal dispute should arise between me, or the Child, and any of the Released Parties, the following conditions will apply: (a) the dispute will be submitted to a neutral third party mediator in Vermont, with both parties dividing equally the costs of such mediator. If the dispute cannot be resolved through mediation then (b) the dispute shall be submitted for binding arbitration through the American Arbitration Association in Vermont; (c) the dispute will be governed by Vermont law; and (d) the maximum amount of recovery to which I, or the Child, will be entitled under any and all circumstances will be the sum paid by me, or on behalf of the Child, to the Company for the Tour.
I understand that this agreement contains an agreement to arbitrate. I understand that after signing this agreement, I will not be able to bring a lawsuit concerning any dispute that may arise which is governed by the arbitration agreement, unless it involves a question of constitutional or civil rights. instead, I have agreed to submit all claims and disputes within the scope of this agreement to an impartial arbitrator or arbitrators in accordance with the arbitration procedures set forth herein.
I have carefully read and fully understand the contents and legal consequences of these Terms and Conditions and agreements, and other policies described in the Company materials (including but not limited to the Trip Planning materials and the Company’s web site), noting particularly those conditions regarding cancellation and refund policies, limitation of liability, and responsibility borne by trip participants. I understand this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Signature of Adult Traveler: _______________________________________ Date: _________________
Print name: ____________________________________________
Name of Child / Minor Traveler (if applicable): ________________________
Signature of Parent or Legal Guardian: _______________________________ Date: _________________
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