RIGHTS AND RESPONSIBILITIES-WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK
I acknowledge that travel (whether in civilized or remote areas and regardless of the transportation conveyance) and participation particularly in adventure activities that may be planned on this trip (such as, but not limited to boating, snorkeling, trekking, hiking, and animal viewing) contain inherent risks of illness (including, but not limited to, malaria and diseases not common in the United States), injury (including, but not limited to those caused or contributed to by auto and/or boating accident and the inadequacy and/or absence of safety devices, such as seat belts or flotation devices), emotional trauma, and/or death, which may be caused by negligence, forces of nature, or other agencies known or unknown. I recognize that such risks may be present at any time before, during and after the trip that I am participating in with Bolder Adventures, Inc., d.b.a. Asia Transpacific Journeys (B.A., Inc.). I also acknowledge that adequate medical services or facilities may not be readily available or accessible during some or all of the time in which I am participating in the trip, and that evacuation, if necessary, and if available, can be prolonged, difficult and expensive. I am also aware that in developing nations such as many of those served by B.A., Inc., the level of infrastructure development, sense of urgency, communications skills, attention to detail, quality standards, hygiene, political stability, cuisine, sanitation facilities, cleanliness, and business practices, among other things, may be deemed far inferior to those found in most industrialized nations. In all cases, trip members are responsible for comprehending all conditions stated and implied in the trip itinerary and selecting a trip that is appropriate to their interests and abilities; for disclosing in writing any potentially relevant medical or health conditions to B.A. Inc.; for preparing for the trip by reading the trip itinerary and supplemental trip information supplied by B.A. Inc.; for bringing appropriate clothing and related equipment and for following normal standards of personal hygiene and personal safety, as may be advised by the tour leader or local guides in order to lessen the risk of all potential traveler diseases or injuries.
If applicable, as a participant in a group tour, I am aware that group travel requires compromise to accommodate varying personalities, wants, abilities and objectives of group members. I agree at all times to act in an appropriate social manner with my fellow trip members and to act in an appropriate and respectful manner in accordance with the customs of all places visited. I understand and accept that, my personal desires notwithstanding, my tour leader or guide may be required, based upon his or her experience and upon the wishes of the group members, to improvise and exercise his or her judgment and/or make good-faith decisions concerning the management of the tour. I agree further to abide by any such decisions. B.A. Inc. and/or its local guides and tour leaders reserve the right, at their sole discretion, to ask a member to leave any group trip if, in the leader's judgment, the person's behavior or condition may risk the health, safety, or well being of other trip members or the individual themselves. Such behavior or condition includes, but is not limited to contagious diseases, injuries and behavior that the guide or other group members find threatening or other offensive conduct. In such case, it will be deemed a cancellation within thirty (30) days.
I understand that due to the nature of the destinations to which B.A., Inc. organizes tours, and the necessity of the long lead times required to organize such tours, situations such as the following can and might be expected to occur: changes in tour leader or guide assignments; changes in sequence or timing of the itinerary; and/or changes in accommodations and/or transport, including but not limited to hotels, boats, ships, trains and automobiles. I understand further that due to the above-stated reasons, B.A., Inc. cannot guarantee exact adherence to any itinerary or itineraries that I have been provided. I accept that if any of the aforementioned situations arise either before or during my trip, B.A., Inc. may be required to make decisions to address the changed circumstances and that it may not be possible to provide me with advance notification.
B.A. Inc., gives notice that all services and arrangements for transportation, accommodations, and all other services and arrangements related to this tour have been made by B.A. Inc. only as an agent for the various providers of tour and travel services, upon the express condition that B.A. Inc. is not liable and does not assume responsibility for any claims, damages, expenses or other financial loss whether to person or property arising out of any injury, accident, death, cancellation, delay, alteration, or inconvenience resulting from any act of any hotel, carrier, restaurant, or other company or person rendering any of the services included in the tour or caused by weather, sickness, strikes, quarantines, crime, terrorism, acts of war, or the willful or negligent acts of any other tour members, or any other cause beyond our control. Accordingly, we reserve the right to alter any itinerary, arrangements or dates, if it becomes necessary or advisable, due to such occurrences. If additional expenses are required by such alteration, each participant agrees to pay said additional amounts.
Accordingly, I waive any right or cause of action of any kind whatsoever against, and release from any liability whatsoever, B.A. Inc., and its officers, directors and employees, ("Released Parties") arising from my participation in the trip, excepting only liability that directly arises from the gross negligence or intentional misconduct of B.A., Inc. This waiver and release shall apply to any claim of injury to person or property, including but not limited to any personal injury, death, dismemberment, inconvenience or delay or disruption of services, suffered in preparation for, arrival at, during, or in departure from the trip.
I also agree to indemnify and defend each Released Party from any and all claims, actions, suits, and demands (including all reasonable attorney's fees and costs incurred by any Released Party) brought by any third party and arising from or related to any negligent action or conduct of me, occurring during the trip, and which is alleged to have caused loss or damage to any such third party.
I intend and agree that this waiver and release is also binding upon my heirs, legal representatives, successors, and assigns.
I understand and acknowledge that all fares of passage and expenses of travel have been quoted to me, in good faith, in U.S. dollars. Such quotes are subject to change due to currency fluctuations, the risks of which I assume. Further, in the event changes in travel plans are required due to unavoidable circumstances, B.A. Inc. shall exert all reasonable efforts to provide equivalent alternatives and reasonable notice of same. Any resultant changes in cost shall be reflected in amended quotes or billings to be provided by B.A. Inc. .
My rights arising from or in any way relating to contracts of travel and/or passage shall be solely based upon the form of contract from time to time utilized by each transportation company and as represented by their ticketing or other documentation supplied as part of the tour.
These agreements shall be construed under and governed by the laws of the State of Colorado, excluding its choice of law provisions. Exclusive venue and jurisdiction over any dispute arising hereunder shall be in the District Court, in and for the County of Boulder, State of Colorado. B.A. Inc. shall be entitled to recover all costs and reasonable attorney's fees incurred in the event any action or proceeding is brought by me outside of the foregoing venue. I agree that in the event that any action or proceeding is brought by either of us in the appropriate venue, the substantially prevailing party shall be entitled to recover all reasonable attorney's fees and costs.
If any of the terms of these agreements or the Terms & Conditions incorporated by reference is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will sever and delete the provision. In any event, all other terms which remain valid and enforceable will survive and remain in full force and effect.