Liability Release and Assumption of Risk Agreement
— PLEASE READ CAREFULLY —
Please read Your Private Africa’s booking Terms and Conditions (“Terms”) carefully before signing. Words not otherwise defined herein shall have the meaning ascribed to them in those Terms.
All clients must sign and complete this Liability Release and Assumption of Risk Agreement (“Agreement”) form and return it to Your Private Africa with a 30% non-refundable Deposit to obtain a confirmed travel reservation. A separate Agreement form must be signed for each traveler.
Voluntary Participation and Assumption of Risk
I, (Full Name), acknowledge that I have voluntarily chosen to participate in the trip designated, or another trip I may change to (“Trip”). In so doing, I acknowledge that I may be subjecting myself to dangers and hazards, which could result in illness, injury, or death. I also acknowledge that there are inherent risks and dangers which may arise at any time during the Trip. I am specifically familiar with and accept the risks of the dangers and hazards inherent in partaking in my Trip, and I am aware that medical services or facilities may not be available while I am participating in the Trip. In order to partake of the enjoyment and excitement of this adventure travel Trip, I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I agree to assume all risks of illness, injury or death.
I VERIFY THAT I UNDERSTAND AND ACCEPT THIS STATEMENT BY PLACING MY INITIALS HERE:
Liability Release and Covenant Not To Sue
I understand that Your Private Africa will contract with various independent contractors to provide services on this Trip, including without limitation transportation, travel services, accommodations, and safari guide services provided by Operators and other suppliers. I understand and acknowledge that Your Private Africa has no control over and assumes no responsibility for the actions of any of such independent contractor, and that no independent contractor has authority to make commitments for, or on behalf of, Your Private Africa.
In consideration for my participation in the Trip and for Your Private Africa’s undertakings involved therewith, I agree that neither I, nor any of my heirs, successors, assigns, personal or legal representatives, nor family members will bring suit or any other legal claim against Your Private Africa, as a result of any acts or omissions by Your Private Africa and its owners, officers/managers, employees and agents (“Representatives”), or by any of its independent contractors. I hereby release, hold harmless, indemnifY, and covenant not to bring suit or any other legal claim against, Your Private Africa, its Representatives, or its independent contractors for any and all claims, charges, causes of action, and damages of whatever kind (whether under common law or any federal, state, or local statute or ordinance) arising from or relating to my participation in the Trip, including without limitation personal injury, illness, death, damage, or monetary loss, except for any such claims arising out of the gross negligence of Your Private Africa, or its Representatives or its independent contractors involved in this Trip.
I VERIFY THAT I UNDERSTAND AND ACCEPT THIS STATEMENT BY PLACING MY INITIALS HERE:
This Agreement is governed by the laws of the State of Washington, without giving effect to its conflicts of laws principles. Any controversy or claim arising out of, or relating to, this Agreement or the performance thereunder, including without limitation any claim related to illness, injury, or death, shall be resolved exclusively by binding arbitration before a single arbitrator using the rules of the Judicial Arbitration & Mediation Service (JAMS) sitting in King County, WA, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The prevailing party in any such arbitration or legal action shall be entitled to all costs and reasonable attorneys’ fees, including on appeal. This agreement to arbitrate does not waive or modify the liability release contained in the foregoing paragraphs.
I VERIFY THAT I UNDERSTAND AND ACCEPT THIS STATEMENT BY PLACING MY INITIALS HERE:
Integration and Severability
Subject to the obligations and duties set forth herein, this Agreement, Your Private Africa’s Reservation Booking Form, Terms, and Travel Insurance form, all of which are incorporated herein by this reference, express the full and complete agreement and contract of the parties hereto. In the event that an arbitrator or court of law declares any term or terms in these documents invalid, such declaration shall not affect the remainder of the terms of the contract, which shall be valid and enforceable.
I VERIFY THAT I UNDERSTAND AND ACCEPT THIS STATEMENT BY PLACING MY INITIALS HERE:
Knowing and Voluntary Execution
I have carefully read and understand Your Private Africa’s Terms, I have familiarized myself with all the information provided to me about this Trip, and I agree to all stated conditions set forth in the booking terms and conditions. I also have carefully read and agree to the terms and conditions of this Agreement stated above. I understand that this Agreement constitutes a full release of liability and legal claims and is a binding contract between myself and Your Private Africa, and/or its contracted tour operators or affiliated organizations and other suppliers. I sign this Agreement of my own free will. This Agreement is binding on my heirs, legal representatives, and assigns.
I VERIFY THAT I UNDERSTAND AND ACCEPT THIS STATEMENT BY PLACING MY INITIALS HERE:
I have read the terms and conditions here.
Note: If I am signing on behalf of a minor, I agree to release, hold harmless, and indemnify Your Private Africa for any claims of the minor, or minor’s heirs and assigns.
(If applicant is under 18 years of age, a parent or legal guardian must sign for the minor.)
Signature
Please use your touchscreen or mouse to sign in the space above.