WAIVER OF LIABILITY,
RELEASE OF LIABILITY,
AND ASSUMPTION OF RISK AGREEMENT
Read this Agreement carefully.
Peak Explorations LLC, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns (collectively, “PE”), which acts only as an intermediary for its suppliers/contractors, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier/contractor, or of any other person or entity. A supplier’s/contractor’s services are subject to their own terms and conditions, as well as the local laws and regulations of the relevant country.
2.Assumption of Risk:
I have voluntarily applied to participate in the tour on which I am booked, which will involve Trekking, Hiking, Climbing, Camping, Sightseeing, Cultural Tours, and/or other outdoor and adventure sports (“Adventure Activities”). I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Adventure Activities; negligence in any manner on the part of Peak Explorations, LLC; emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; or any other actions, omissions, or conditions outside of PE’s control. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be expensive; and Peak Explorations LLC, assumes no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document. I assume full and complete responsibility for checking and confirming any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those destinations.
3.Release of Liability:
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Peak Explorations, LLC, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by PE, I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER Peak Explorations, LLC, their owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Peak Explorations, LLC.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family who are traveling with me, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release Peak Explorations, LLC from any and all liability to the maximum extent permitted by law.
I further agree to “indemnify” (meaning to defend and to pay or reimburse) PE against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the expedition or my participation in the Adventure Activities.
5.Other Forms & Terms:
I have carefully read the above terms and conditions, the trip itinerary and trip notes, and have familiarized myself with all of the information provided to me about the Trip and its trip style. I agree to all of the above conditions including the sections about my responsibilities and about Peak Explorations, LLC's legal limitations. I acknowledge that Peak Explorations, LLC has no control over and assumes no responsibility for the actions of any independent contractors (supplies) providing any services for the Trip.
I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Virginia law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
6.Applicable law, forum, & Attorney’s Fees:
This agreement is governed by and shall be construed in accordance with the laws of the state of Virginia, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Trip shall be brought in the appropriate courts in the state of Virginia, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement.
I attest that I am of the age of 18 or older and agreeing to all the above terms and conditions upon my own will without coercion or question in judgment. I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.
I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.
Full name (please print): ___________________________________ ____
Date of Birth: _________________________________________________
Date Signed: _________________________________________________