Responsibilities, Release of Liability,
Assumption of all Risks, and Arbitration Agreement
Destination Adventure Tours, their employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively Destinations) do not own or operate any entity which provides, or is to provide, goods or services for your trip including, for example, lodging facilities, transportation companies, food service providers, equipment suppliers, babysitters or daycare providers, etc. As a result, Destinations is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party. In addition, by my signature below, acknowledge that I have voluntarily applied to participate in the trip designated on this application. I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of Destinations including, without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; physical exertion for which I am not prepared; forces of nature; transportation failures, whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; terrorism; criminal activity; dangers associated with wild or other animals; breakdown or failure of equipment; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced luggage or porperty. I acknowledge that the enjoyment and excitement of active travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I DO HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
I acknowledge that the cost of all Destinations trips is based upon trip participants executing this Responsibilities, Release of Liability, Assumption of All Risks, and Arbitration Agreement. Therefore, as lawful consideration for being permitted to participate on such trip, I hereby RELEASE AND DISCHARGE FOREVER DESTINATIONS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TRIP. I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release Destinations from any and all liabilities to the maximum extent permitted by law.
I agree that any dispute concerning, relating, or referring to this contract, brochures, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in Greensboro, North Carolina. Such proceedings will be governed by substantive North Carolina law excluding any application or consideration of the North Carolina Arbitration Act. |
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