Вы находитесь на странице: 1из 4

Insight Adventures ™ Risk & Release of Liability Agreement

Insight Adventures ™ Risk & Release of Liability Agreement

This contract is between Insight Adventures and Client, plus their guests and any minors, herein referred
to as Client. Please read carefully because this contract is a release of all liability and waiver of certain
legal rights.
DEFINITIONS
In this agreement, the term "Adventure Activities" shall include all activities, events or services
provided, arranged, organized, conducted, sponsored or authorized by Insight Adventures and shall
include, but is not limited to use of airline flights, zip-lines and suspension bridges; tours; hiking;
sightseeing; travel to and from the trailhead, marshaling,outfitting areas; water activities, rafting and
boating; backcountry travel; orientation and instructional courses, seminars and sessions; and other such
activities, events and services in any way connected with or related to the Operators.

Insight Adventures and Client agree as follows:

Insight Adventures will facilitate travel and recreational activities in accordance with Client booking.

Clients will respect the Acknowledgement of Risk and Release of ALL Liability and direction of
Insight Adventures personnel in all regards.

1. Travel and Guided Coaching is an activity with no guarantee. Insight Adventures does not make nor
representations expressed or implied; (1) the condition, safeness, usability, fitness of properties or
equipment used. (2) Guides performance. (3) The weather. (4) The closing or shortening of season.

ACKNOWLEDGEMENT – SAFETY
Insight Adventures reserves the right to refuse service, for any reason at any time. Insight Adventures
may terminate service immediately at their discretion or in the event of any unsafe condition or a
dangerous incident.

2. Client will comply with Insight Adventures and Insight Adventures personnel directions written
and/or verbal, the laws of the State of California and the laws of the United States. All directions of
the guide must be followed. Client is personally and financially responsible for his/her own safety
and actions, and is responsible to protect himself/herself from the acts of others. Client agrees that
Insight Adventures and Insight Adventures personnel will not be liable for any personal injuries
and/or property damage due to any cause including negligence. Further, Client will abstain from any
and all willful misconduct and reckless disregard and avoid any attractive nuisances. Client will be
solely responsible for reasonable care in all and any activities. Client is responsible for his/her own
meals, lodging, transportation, licenses and stamps, personal equipment, and supplies, unless
otherwise pre-arranged.

3. Client recognizes that there are risks and dangers from known and unknown causes associated with
recreational activities and travel. These adventure activities may vary and may include various
locations or circumstances. Care must be used in accessing locations, all activities and especially
around narrow passages, cables, steep grades, and other trail or recreational obstacles. Client
warrants that he/she is in good health and has the physical conditioning, the skills, and the knowledge
to engage in these activities safely.

4. I, Client, am voluntarily using the services of Insight Adventures with full knowledge of the
inherent risks, hazards, and dangers involved from both known and unknown causes, and
hereby assume and accept any and all risks, including but not limited to any injury, paralysis,
or death. As Client my participation in any Insight Adventure Activity is purely voluntary, and I

Insight Adventures ™ 2010


Insight Adventures ™ Risk & Release of Liability Agreement

choose to participate in spite of the risks. I, Client, am personally responsible and liable for my
personal safety, all of my actions, and any and all accidents or damages, and release Insight
Adventures, its agents, and representative (s) of all responsibly.

5. Indemnity. I, Client, my heirs, successors, executors, assigns, and subrogates, hereby knowingly and
intentionally waive, release, and discharge, indemnify and hold harmless the Insight
Adventures, their directors, officer, agents, employees, family, and volunteers from and against any
and all claims, actions, demands, judgments, cause of action, liabilities, suit, expenses (including
reasonable attorney fees) which are related to arise out of, or are in any way connected with my
participation in any activity associated with Insight Adventures including, but not limited to acts of
negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly from
any damage, loss of my property, injury, paralysis, or my death as a result of my engaging in these
activities or the use of these services. I, Client, my heir, my successors, executors, assign, and
subrogates, further agree not to sue Insight Adventures as a result of any injury, paralysis, or death
suffered in connection with my use and participation in any activities of Insight Adventures.

6. Warranties. Insight Adventures assumes no responsibility and makes no representations, warranties,


expressed or implied.

7. Entire Agreement. This instrument contains the entire agreement between the parties. All
modifications must be in writing and will not be valued unless all parties have signed.

8. TERM. This agreement will be effective from date of signing, and hold valid for one calendar year. A
new acknowledgement of risk and release of all liability must be signed for each new activity.

9. PROMOTIONS. Client consents to the use of their name, picture, likeness and/or voice without a
fee. This includes videos and pictures with the direct intent of advertising.
Please initial the following: ______________ Accept _______________ Deny

10. ACCEPTANCE. By my signature below, I the Client agrees that I have carefully read, have full
knowledge and clearly understand the significance of this document, which is testified by my
voluntarily signing. Further as the client, I waive the benefit of any statute that restricts the effect of
a general release and assume all risk.

11. In consideration of THE RELEASEES accepting my application to participate in Insight Adventure


Activities and permitting my use of their property, premises, parking and other facilities and for other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, I , Client,
hereby agree as follows:

(a) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE
RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage,
expense or injury including death that I may suffer, or that my next of kin may suffer resulting, either
directly or indirectly, from either my use of the facilities or my presence on the premises DUE TO ANY
CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH
OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED
UNDER THE OCCUPIERS’ LIABILITY ACT, ON THE PART OF THE RELEASEES, AND
INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR
PROTECT ME FROM THE RISKS DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES;

(b) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any claims or demands
resulting from any property damage or personal injury to any third party, which might be made against
the Releasees resulting from my participation in Adventure Activities and my use of the premises and
facilities;

Insight Adventures ™ 2010


Insight Adventures ™ Risk & Release of Liability Agreement

(c) That this Agreement shall be effective and binding upon my heirs, next of kin, executors,
administrators and assigns and representatives, in the event of my death or incapacity;

(d) That this Agreement shall be governed by and interpreted in accordance with the laws of the United
States of America; and

(e) That any litigation involving the parties to this Agreement shall be brought within the United States of
America; and

(f) In entering into this Agreement I am not relying on any oral or written representations or statements
made by the Releasees with respect to the safety of Insight Adventure and the adventure activities,
other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I


ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:

I. THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO


THE EQUIPMENT, THE ACTIVITY I WILL BE PARTICIPATING IN AND THE USE OF THE
PREMISES AND FACILITIES;

II. THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE
WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS,
SUCCESSORS AND ASSIGNS; AND

III. THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT
AGAINST THEM.

12. Cancellation & Refund Policies


We understand how disappointing it is for travelers in the event they are forced to cancel their
adventure, especially one that they have been looking forward to for a long time. But we too plan
for these adventures for quite a long period prior to departure and must continuously send non-
refundable payments to hotels and suppliers of transportation. In this event, those payments are
non refundable to clients when payment is made and supersedes other cancellation policies.
Payments for additional services such as air transportation, transfers, hotel rooms, and other add-
ons to the set itinerary will be charged at time of booking. We hope you understand that we must
strictly adhere to our Cancellation & Refund Policy for all travelers. We strongly suggest
purchasing travel insurance in case of cancellation. We hope you understand. The following are
cancellation policies for our adventures:

* All cancellations must be made in writing.


* All cancellations processed before 90 days prior to departure will require a $250 cancellation
fee. Some of our trips have non-refundable deposits. For all of our trips, the following policies
apply:
* Cancellations made 90 to 45 days prior to departure require a loss of 50% of the entire
program fee including all extensions.
* Cancellations made within 30 days of departure require a loss of the entire program fee.
*
Insight Adventures is a Life Coaching and Adventure Activity Program. All fees are strictly for services
provided and rendered strictly for the personnel and support of the Insight Adventure Coaching, programs
and activities.

Insight Adventures ™ 2010


Insight Adventures ™ Risk & Release of Liability Agreement

PERSONAL INFORMATION

Date ___________________

Client’s Name: _______________________________________________________

Signature of Client _____________________________________________________

Cell Phone: __________________________ Other Phone: ____________________________

Email: __________________________________________

Emergency Contact: ______________________________________________________________

Parent or Guardian (If minor is under 21-years of age).

I am a legal guardian, parent or custodian of the minor as identified above, and have authority on his/her
behalf agree to all of the contract terms above and to hold Insight Adventures harmless and will forever
defend the contracts terms to apply to the minor in their full extent. I agree to all the terms and conditions
listed above to apply to the minor.

Minor Name:______________________________

Guardian Name: _______________________________ Sign: _______________________________

Relationship: ____________________________ Date: ________________________

Guardian Address if different from minors:

_________________________________________________________________________

Witness Insight Adventures

Insight Adventures Representative: ________________________________ Date: ________________

The space below has been left blank intentionally for special arrangements that have been made above
and beyond this contract.

Insight Adventures ™ 2010

Вам также может понравиться