Legal Disclaimer and Release of Liability Statement
1000 Leagues Travel acts as a sales agent for the travel insurance company, hotel, tour operator, cruise line, or other service provider named in your itinerary (“Suppliers”). 1000 Leagues Travel is not responsible for acts or omissions of the Suppliers or their failure to provide services.
1000 Leagues Travel and its Affiliates are not responsible for your safety. Outdoor activities are inherently dangerous. By choosing to participate in a Trip sponsored by 1000 Leagues Travel or its Affiliates, you understand and acknowledge that you may be exposed to dangers and hazards, including but not limited to falls, falling rocks, fractures, concussions, dangerous weather, overexertion, overheating, injury from your lack of fitness or conditioning, unpredictable ocean and river currents, hypothermia, hostile or aggressive wildlife, drowning, death, equipment failure, defective and/or negligent design and/or manufacture of equipment, negligent operation and/or use of equipment, carelessness and/or negligent instruction and/or supervision. As a consequence of these risks, you acknowledge that you may suffer property damage and/or serious bodily injury or death. You further acknowledge that these risks may be exacerbated by the unavailability of hospital facilities, qualified medical care or timely emergency evacuation. 1000 Leagues Travel and its Affiliates assume no responsibility for providing medical care during the Trip or for any financial costs incurred by you in connection with any medical care and/or evacuation that you require.
Some 1000 Leagues Travel Trips may include specialized activities requiring participant certification and/or specialized training. You understand and acknowledge that 1000 Leagues Travel is not responsible for providing the necessary training and/or certification for your participation in these activities.
By participating in any Trip, you take responsibility for your own safety and well-being and agree to release 1000 Leagues Travel and its Affiliates from ANY responsibility, liability or claim in law or in equity. You represent that you are qualified, in good health, in proper physical condition. You represent that you are appropriately trained and/or certified to participate in this Trip and any specific activities offered during the Trip that you choose to take part in.
1000 Leagues Travel Trips may involve travel within, from and to the United States, and within, to and from places abroad. 1000 Leagues Travel makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any third party supplier of transportation, tours, services, products or facilities. By participating in any Trip, you agree to release 1000 Leagues Travel from any liability or responsibility for harm to person or property, or property loss, incurred as a result of or in connection with any travel related to the trip, including but not limited to harm to person or property, or property loss, resulting from or occurring in connection with the negligent acts or omissions of 1000 Leagues Travel or its Affiliates.
YOU HAVE VOLUNTARILY ELECTED TO PARTICIPATE AND FULLY ACCEPT AND ASSUME ALL RISKS AND ALL RESPONSIBILITY FOR ANY INJURY, LOSSES AND DAMAGES TO PERSON OR PROPERTY THAT YOU MAY INCUR AS A RESULT OF YOUR PARTICIPATION.
You understand that 1000 Leagues Travel and its Affiliates may, from time to time, take photographic, digital or video images of Trip participants for advertising and marketing purposes. You hereby agree to allow 1000 Leagues Travel and its Affiliates to use those images for that purpose without expectation of privacy or remuneration.
You hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless 1000 Leagues Travel, its Affiliates, sponsors, advertisers, venues, tour operator(s) and property owners upon which the Trip takes place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (individually and collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to your participation in the Trip, including claims for Liability caused in whole or in part by the negligence of the Released Parties. You further agree that if, despite this Agreement, you, or anyone on your behalf makes a claim for Liability against any of the Released Parties, you will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim.
You hereby warrant that you are at least 18 years of age and have read this Agreement carefully, understand its terms and conditions, agree to pay any costs and fees associated with the Trip, acknowledge that you have agreed to this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for your participation to serve as confirmation of your complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by ADR Services, Inc. under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Los Angeles, California. California law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.