Indemnification
I also agree to indemnify and defend each Released Party from any and all claims, actions, suits, and demands (including all reasonable attorney’s fees and costs incurred by any Released Party) brought by any third party and arising from or related to any negligent action or conduct of me, occurring during the Trip, and which is alleged to have caused loss or damage to any such third party. I intend and agree that this waiver and release is also binding upon my heirs, legal representatives, successors, and assigns.
Choice of Law and Dispute Resolution
This Agreement shall be construed under and governed by Colorado law without regard to choice of law principles and considerations that may otherwise apply. Prior to filing any claim in court or in an administrative venue, I agree to submit the dispute in writing to ATJ and allow a period of up to 90 days for dispute resolution, which may include participation in mediation or a settlement conference, if so elected by ATJ. In the event of litigation, both parties waive the right to a trial by jury. If a dispute requires ATJ to travel to another jurisdiction, ATJ shall be entitled to recover all costs of travel and the fees and other expenses incurred to engage local counsel, unless ATJ is found to be at fault regarding the dispute. I agree that in the event that any action or proceeding is brought by either of us in the appropriate venue, the substantially prevailing party shall be entitled to recover all reasonable attorney’s fees and costs.
Severability of Provisions
If any of the terms of these Agreements or documents incorporated by reference is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will sever and delete the provision. In any event, all other terms, which remain valid and enforceable, will survive and remain in full force and effect.
Knowing and Voluntary Waiver
I have carefully read and understand the foregoing and having done so, I am signing it voluntarily.
Acknowledgment
I recognize, represent and acknowledge that my execution of this Agreement is a necessary pre-condition to participation in the Trip, that I am over the age of 18 years and that I am in sound physical and mental condition.
Construction
Both parties had an opportunity to have counsel review the Agreement. Therefore, the fact that ATJ’s attorney drafted the Agreement shall not be considered in construing any ambiguity.
Eligibility
You must be 18 years old (except for minors accompanied by a parent or designated responsible adult) and in acceptable health to travel with ATJ. Acceptance of your booking is subject to our review of your traveler information. We retain the right to request medical clearance or any other information or to refuse any applicant at any time for any reason whatsoever, at our sole discretion.
Inclusions/Exclusions
Inclusions and exclusions are detailed in your individual itinerary. Inclusions and exclusions differ for Custom Journeys and Small Group Trips.
Transportation and General Travel Risks*
I acknowledge that travel (whether in developed or developing countries or remote areas and regardless of the transportation conveyance) and participation in travel and adventure activities (such as, but not limited to boating, snorkeling, trekking, hiking, and animal viewing) involves inherent risks including but not limited to possible risks of injury, trauma, illness, emotional trauma, inability to obtain timely access to medical services, general inadequacy of available medical services, frustration or disappointment in cultural differences, apparent lack of urgency, and various inefficiencies, unanticipated factors that cause schedule changes, and the risk of being stranded, lost, scared or delayed in any portion of my journey, OR DEATH (OF MYSELF, A FAMILY MEMBER OR ANOTHER TRAVELER). I have reviewed and carefully considered all of the materials provided to me by Bolder Adventures, Inc., d.b.a. ATJ (ATJ), including this Traveler Information and Waiver form, and had the opportunity to ask questions of ATJ representatives. I am also aware that in developing nations such as many of those served by ATJ, the level of infrastructure development, sense of urgency, communications skills, attention to detail, quality standards, hygiene, political stability, cuisine, sanitation facilities, cleanliness, SAFETY STANDARDS, SAFETY FEATURES AND PRECAUTIONS, OVERALL LEVEL OF RISK and business practices, among other things, may be deemed far inferior to those found in most industrialized nations. In all cases, trip members are responsible for comprehending all conditions stated and implied in the Trip itinerary and selecting a trip that is appropriate to their interests and abilities; for disclosing in writing any potentially relevant medical or health conditions to B.A. Inc.; for preparing for the Trip by reading the Trip itinerary and supplemental Trip information supplied by B.A. Inc.; for bringing appropriate clothing and related equipment and for following normal standards of personal hygiene and personal safety, as may be advised by the tour leader or local guides, in order to lessen the risk of all potential traveler diseases or injuries.
Illness, Injury or Possible Death
I recognize that overseas travel will increase my risk of illness, including diseases not common in the United States, such as malaria, injury AND DEATH including, but not limited to, those caused or contributed to by auto and/or boating accident and the inadequacy and/or absence of safety devices, such as seat belts or flotation devices), emotional trauma, and/or death, which may be caused by negligence, forces of nature, or other agencies known or unknown.
I recognize that such risks may be present at any time before, during and after the Trip that I am participating in with ATJ. I also acknowledge that adequate medical services or facilities may not be readily available or accessible during some or all of the time in which I am participating in the Trip, contain inherent risks of illness Injury OR DEATH including those described immediately above, and that evacuation, if necessary, and if available, can be prolonged, difficult and expensive.
Adjustment to Changing Circumstances/Traveler Conduct
I am aware that travel requires compromise to accommodate varying personalities, wants, abilities and objectives of group members. I agree at all times to act in an appropriate social manner with my fellow Trip members and to act in an appropriate and respectful manner in accordance with the customs of all places visited. I understand and accept that, my personal desires notwithstanding, my tour leader or guide may be required, based upon his or her experience and upon the wishes of the group members, to improvise and exercise his or her judgment and/or make good-faith decisions concerning the management of the tour. I agree further to abide by any such decisions. B.A. Inc. and/or its local guides and tour leaders reserve the right, at their sole discretion, to ask a member to leave any group trip if, in the leader’s judgment, the person’s behavior or condition may risk the health, safety, or well-being of other Trip members or the individual themselves. Such behavior or condition includes, but is not limited to contagious diseases, injuries and behavior that the guide or other group members find threatening or other offensive conduct. In such case, it will be deemed a cancellation within thirty (30) days.
Changes to Itinerary - No Guarantees or Liability for Changes
I understand that due to the nature of the destinations to which ATJ organizes tours, and the necessity of the long lead times required to organize such tours, situations such as the following can and might be expected to occur: changes in tour leader or guide assignments; changes in sequence or timing of the itinerary; and/or changes in accommodations and/or transport, including but not limited to hotels, boats, ships, trains and automobiles. I understand further that, ATJ cannot guarantee exact adherence to any itinerary or itineraries that I have been provided and may be required to make decisions to address the changed circumstances with or without providing me with advance notification. ATJ gives notice that all services and arrangements for transportation, accommodations, and all other services and arrangements related to this tour have been made by ATJ only as an agent for the various providers of tour and travel services, upon the express condition that ATJ is not liable and does not assume responsibility for any claims, damages, expenses or other financial loss whether to person or property arising out of any injury, accident, death, cancellation, delay, alteration, or inconvenience resulting from any act of any hotel, carrier, restaurant, or other company or person rendering any of the services included in the tour or caused by weather, sickness, strikes, quarantines, crime, terrorism, acts of war, or the willful or negligent acts of any other tour members, or any other cause beyond our control. Accordingly, ATJ may alter any itinerary, arrangements or dates, if it becomes necessary or advisable, due to such occurrences. If additional expenses are required by such alteration, each participant agrees to pay said additional amounts.
Waiver and Release of Liability for Illness, Injury, Inconvenience and Financial Loss
I understand and assume all of the risks of travel. I have reviewed the risks and requirements of the particular itinerary proposed for my Trip, and affirm that I am sufficiently healthy and prepared for the rigors of the proposed Trip. I agree to use my best efforts to successfully, responsibly and safely participate in the Trip. I hereby, on behalf of myself and any family members, agents, and successors and assigns, waive and cause(s) of action and release ATJ and any of its officers, directors, employees, representatives, agents, successors and assigns (“Released Parties”), from any and all charges, demands, complaints, grievances, damages, costs, expenses, causes of action, actions, rights, benefits, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, definite, certain, or contingent that may arise during or in connection with the Trip except and to the extent of possible gross negligence or intentional misconduct by ATJ. This waiver and release shall apply to any claim of injury to person or property, including but not limited to any personal injury, death, dismemberment, inconvenience or delay or disruption of services, suffered in preparation for, arrival at, during, or in departure from the Trip. ATJ expressly disclaims any responsibility for any physical or mental health issues of traveler or claims related thereto.
Payment of deposit indicates agreement to the following Traveler Information & Waiver. Complete, sign and return this document, which must be submitted to complete the sign-up process. All amounts and references are made on a per person basis.
I agree to review my ATJ Travel Guide in detail prior to departure. I acknowledge that I have been given ample time to do so, to conduct my own research, ask questions and obtain additional information from Bolder Adventures, Inc. (d.b.a. ATJ) and elsewhere.
I agree to assume certain specific risks as outlined in this document and realize that, in addition to assuming these risks by signing below, I am waiving my right to sue, and releasing Bolder Adventures, Inc. (d.b.a. ATJ), for liability for those risks.
I have carefully read and understand the foregoing and having done so, I am signing it voluntarily. I also acknowledge that I have carefully read the Terms & Conditions, including the terms regarding cancellations and refunds, and I agree to be bound by all stated conditions therein. Further, I recognize, represent and acknowledge that my execution of this Agreement is a necessary precondition of this trip.
I UNDERSTAND MY OPTIONS FOR ADDITIONAL TRAVEL INSURANCE NOT INCLUDED IN TRIP COST
I acknowledge that I have carefully read the optional travel insurance information included when I signed up for the trip and have considered purchasing additional coverage to cover trip cancellation, interruption, lost baggage and supplemental medical insurance – we highly recommend you do so.
Medical Proxy
Secondary to the powers of my spouse/travel companion, to whom I give or have given full medical power of attorney, if I am unable to authorize my own medical attention, I authorize B.A., Inc. or its subcontractors or agents to authorize medical attention on my behalf. I agree to hold harmless and release B.A., Inc. from any liability for medical attention authorized by them, their subcontractors or agents on my behalf. B.A., Inc. assumes no liability regarding provision of medical care or evacuation services. Any of our staff or sub-contractors who may provide or seek emergency medical care on your behalf may not have had formal medical or first aid training and are acting only as a “good Samaritan.”
* Please read, sign and date the Waiver. A separate signed form is required for all travelers. A parent or guardian must sign on behalf of those younger than 18 years of age. The Trip, as referred to herein, includes all transportation modalities, accommodations, tours, and any and all related activities that occur over the duration of your travel with ATJ.
