Laibility Waiver

THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ CAREFULLY BEFORE SIGNING. PRINT A COPY FOR YOUR RECORDS
A parent/guardian must sign for minors (under 18 years of age). In consideration of the services (“Tour”) provided by International Adventure Travel Himalaya, its owners, directors, officers, employees and affiliates (collectively “IATH,” “we,” or “us”), I, an adult traveler (“Adult Traveler”), or parent or legal guardian of a traveler under the age of 18 (“Child” or “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf and on behalf of any Child for whom I am signing.
RESPONSIBILITY
I understand that the IATH uses reasonable care in the selection of its suppliers, who to its knowledge are reputable and competent based on information that is reasonably available to it. I understand that, except for certain vehicles (marked with IATH’s name), IATH does not own, operate, control or manage any entity providing good or services for my tour, including but not limited to transportation providers, hotels and other lodging facilities, airlines, vessel or other transportation companies, local ground operators, providers or organizers of optional excursions (except for certain activities provided directly by IATH), as well as food service and entertainment providers (collectively, “Third Party Suppliers”). These Third Party Suppliers are independent contractors only, and are not agents, partners, co-venturers or otherwise associated with IATH. I understand and acknowledge that IATH assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, including its Third Party Suppliers, or of any other third party.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
I agree and acknowledge that I am voluntarily participating on the Tour, which will involve one or more of the following activities depending on my itinerary and the activities in which I elect to participate: hiking, trekking, zip lining, biking, horseback riding, and other outdoor activities or sports (collectively, “Adventure Activities”). I understand that this list is not exhaustive of all Adventure Activities that may be made available to me and that I may decide to participate in.
The risks of Adventure Activities include but are not limited to the hazards of air and vehicular travel, walking on uneven terrain and slips and falls; exposure to wildlife; being struck by rock fall or other objects dislodged or thrown from above; forces of nature, including lightning, mudslides, weather changes and avalanche; the risks of exposure to insect bites; animal including snake bites; heat exhaustion; sunburn; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness (altitude sickness); my own physical condition, and the physical exertion associated with this activity; being struck or injured by equipment; exposure to cold water; injured by other participants; slipping saddle during horseback riding; actions of horses that may result in injury or even death. I understand that this list is not exhaustive of all risks of Adventure Activities.
I acknowledge that I am voluntarily participating on the Tour with the knowledge that travel involves numerous dangers and risks including, but not limited to, the following: dangers and risks inherent in Adventure Activities; negligence by IATH or third parties; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; forces of nature; weather; civil unrest and war; terrorism; roads, trails, hotels, cars, buses, or any other vehicles or means of transportation which are not operated or maintained at standards that I am accustomed to in my home country; crossing roadways and entering/exiting vehicles; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures, malfunctions or deficiencies; contact with plants and animals; social or labor unrest; consumption of alcoholic beverages; stolen, lost or misplaced luggage or other personal property; crime, including violent crimes, kidnapping, robbery, theft of any personal property, break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; diseases; epidemics; bites or stings or any other injuries caused by insects, any other animals, or vegetation; local laws; climactic conditions; abnormal conditions or developments; negligence by third party service providers; financial default of any third party suppliers; or any actions, omissions or conditions outside of IATH’s control not mentioned herein.
I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Tour provided by IATH. Furthermore, IATH’s guides/instructors/facilitators have difficult jobs to perform involving judgment of the weather, the elements, the terrain and other aspects of the Tour. They must also make judgments when providing warnings or instructions. They seek safety, but they are not infallible and may misjudge the weather or other environmental conditions.
I acknowledge that these are some, but not all, of the inherent and acquired risks associated with the activities performed on the Tour. A complete listing of inherent and acquired risks is not possible. I expressly agree and understand that IATH is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience I or the Child may suffer as a result from the above described dangers and risks and other dangers or risks not included but that may occur during the Tour. I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of the Child, I have discussed the travel risks with the Child, and he or she wishes to participate in the Tour nevertheless.
MEDICAL CERTIFICATION
I certify that I have adequate insurance to cover any injury or damage I or the Child may cause or suffer while participating in the Tour. If I have failed to obtain adequate health and liability insurance, I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in the Tour, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition.
ADULT TRAVELER’S OBLIGATION TO OBTAIN GENERAL TRAVEL AND HEALTH INFORMATION
By signing this agreement on my or the Child’s behalf, I certify that, to make the Tour safer for myself or the Child and other participants, I have exercised due diligence in obtaining relevant trip notes, general travel and health warnings, advisories, tips, and other information related to India in general and the Tour in particular, including vaccination, appropriate clothing, crime on the relevant websites of IATH, the Centers for Disease Control and Prevention (https://www.cdc.gov/) (or equivalent in my country), the United States Department of State (https://travel.state.gov/ content/passports/en/alertswarnings.html) (or equivalent in my country), and other sources.
WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, I, an adult traveler, or as parent or legal guardian of the Child, for myself, the Child, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE IATH, its owners, shareholders, officers, employees, directors, representatives, volunteers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which I or the Child now have or may later have against the Released Parties arising out of, relating to, or in connection with the Tour arranged through or provided by IATH, whether arising from the Released Parties’ negligence or otherwise.
In addition, I agree to fully indemnify (that is protect and defend, and satisfy claims against) and hold harmless each Released Party from any and all claims, actions, suits and demands (including all reasonable attorney’s fees and costs incurred by the Released Party) initiated by a third party and arising from, attributable to or related to my or the Child’s negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the trip.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RLEASE AND EXPRESS
ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am signing this agreement, including the Child (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors and assigns, and legal and personal representatives. It is my intention to fully assume all risk associated with this trip and to release IATH from any and all liability to the maximum extent permitted by law.
CHOICE OF LAW, FORUM, AND SEVERABILITY This agreement will be interpreted according to the laws of the India.
ANY DISPUTE IF ARISES IS SUBJECT MATTER TO THE JURISDICTION OF THE COURTS AND TRIBUNALS AT MANALI DISTRICT KULLU OF HIMACHAL PRADESH IN INDIA SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THIS TOUR PACKAGE.
If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law.
KNOWING AND VOLUNTARY EXECUTION
By signing this LIABILITY WAIVER, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT, I certify that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I understand and acknowledge that if I (or the Child) is hurt or is damaged during the Tour, I may be found by a court of law to have waived my right to maintain a lawsuit or action against IATH on the basis of any claim from which I have released them herein. I further acknowledge that I have had an opportunity to ask any and all questions that I may have, and that IATH has answered all questions to my satisfaction. My electronic signature applies to all pages of this document.