AGREEMENT AND RELEASE FROM LIABILITY
Please read this Agreement carefully as it includes terms and conditions and releases Hummingbird Travel, LLC, from liability. This Agreement must be signed by all participants before the start of any trip, travel or expedition. “Hummingbird Travel, LLC” is defined to include its owners, agents, directors, officers, employees, representatives and affiliates, (collectively “Hummingbird Travel”).
ASSUMPTION OF RISK
I am aware and acknowledge that adventure travel involves hazardous activities, some of which occur in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, the possible negligence of Hummingbird Travel, LLC, or other persons and companies known or unknown, and includes travel by vehicles and/or animals that are owned and operated by other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on 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 (for myself, child or ward) as being an integral part of my adventure. I HEREBY ACCEPT AND ASSUME FULL RESPONSIBILITY FOR MY OWN WELFARE, AS WELL AS ANY MINOR(S) WHO ACCOMPANY ME ON ADVENTURE TRAVEL, AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, ILLNESS, INJURY, EMOTIONAL TRAUMA, OR DEATH AND OF THE NEGLIGENCE OF Hummingbird Travel, LLC, OR ANY THIRD PARTIES. I VERIFY THIS STATEMENT BY PLACING MY
RELEASE
Hummingbird Travel, LLC, does not own or operate any entity which provides goods or services for adventure travel including, but not limited to, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. Although it endeavors to choose the best suppliers and providers available, Hummingbird Travel, LLC, has no right to control their operations and therefore makes these travel arrangements upon the express condition that Hummingbird Travel, LLC shall not be liable for any delays, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services.
Hummingbird Travel, LLC, is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, Hummingbird Travel, LLC, is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes, cars, vans, buses or other means of transportation, which are not operated or maintained at standards common in the United States, or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with dogs or other animals, including travel by horseback or any other animal, high altitudes up to 17,000 feet, roads, trails, vegetation of any sort, dangers incident to recreational activities involving hiking, climbing, swimming, bicycling, etc., sanitation problems, food poisoning, consumption of alcoholic beverages or any type of drug or narcotic, access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, or for any other cause beyond the direct control of Hummingbird Travel, LLC.
As lawful consideration for being permitted to participate in a trip with Hummingbird Travel, LLC, I hereby RELEASE AND DISCHARGE Hummingbird Travel, LLC, ITS AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TRIP, TOUR, OR EXPEDITION. I AGREE THAT THIS RELEASE SHALL BE LEGALLY BINDING UPON MYSELF, ALL MINORS UNDER THE AGE OF 18 TRAVELING WITH ME, MY HEIRS, SUCCESSORS, ASSIGNS, AND LEGAL REPRESENTATIVES.
TRAVEL DOCUMENTS AND VACCINATIONS
I understand that it is my responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other documentation required for the trip are obtained.
ARBITRATION
I agree that any dispute concerning, relating, or referring to this Agreement, brochure, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration in Denver, Colorado. Each party shall select an arbitrator and those arbitrators shall select a third arbitrator. A majority vote of the arbitrators is necessary to reach a decision. The costs of the arbitration shall be equally borne by all parties. The arbitrators shall determine what evidence is admissible during the proceeding.
APPLICABLE LAW
Utah law shall be applied in determining any issues under this Agreement.
VOLUNTARY PARTICIPATION
I acknowledge that I have voluntarily applied to participate on the trip designated on this application and recognize that hazards may exist, which may be known and others which are unknown.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read this Agreement and fully understand its contents. I am aware that I am assuming risk and that this agreement is a contract between myself and Hummingbird Travel, LLC, and/or its affiliated organizations and sign it of my own free will or on behalf of any minors who accompany me.
SEVERABILITY
The Doctrine of Severability shall apply to this Agreement.
NOTICE OF ENFORCEABILITY
When booking travel related services with Hummingbird Travel, LLC, I understand that I am entering into a binding agreement that assumes all terms and conditions are fully understood, as stated in this document.