RELEASE OF LIABILITY AND ASSUMPTION OF RISK(Required) I have carefully reviewed, acknowledge, understand and submit the Release of Liability and Assumption of Risk, on behalf of myself and my travel companions
Assumption of Risk:
Client and Additional Travelers hereby acknowledge, agree, and knowingly and voluntarily accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Client’s and Additional Travelers’ participation in the Trip:
1. that they understand that travel and activities (which include, but are not limited to, wildlife viewing, hiking, trekking, horseback riding, boating, zip-lining, rappelling, surfing, yoga, bicycling, snorkeling, diving, water sports, and sightseeing) have certain foreseen and unforeseen inherent risks and dangers;
2. that Client and Additional Travelers are qualified, in good health, and in proper physical condition to participate in the Trip;
3. that there are certain inherent risks and dangers associated with the Trip;
4. that travel to foreign countries, including remote areas and/or undeveloped regions, may limit access to adequate medical facilities or doctors and include inherent risks of illness; and
5. that Client and Additional Travelers also assume all responsibility for prevention of diseases or other illness particular to the geographic area in which they will be traveling and have been advised by Landed that a medical exam and appropriate vaccinations/inoculations are strongly recommended;
6. that they are aware of and have had an opportunity to carefully read current CDC information regarding domestic and international travel (which is available here https://wwwnc.cdc.gov/travel/destinations/list), and they understand that said information specifically contains travel warnings and guidelines about domestic and international travel regarding COVID-19,
7. that they have been informed of and understand CDC information regarding COVID-19, and I have been given the opportunity to obtain all additional information that I deem necessary about the risks of traveling and about COVID-19 to make a fully informed decision about whether to participate in the Trip; and
8. that they understand that participation in the Trip has risks, including the risk of being exposed to COVID-19, which might cause extreme injury, illness, and even death.
Release and Waiver:
Client and Additional Travelers hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Landed and its managers, members, and employees, (collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused (including but not limited to personal injury, accident or illness (including death), and/or property loss caused by COVID-19) arising from, or in any way related to, Client’s and Additional Travelers’ participation in the Trip, except for those caused by the willful misconduct, gross negligence or intentional torts of Landed, as applicable. This release is on behalf of Client and Additional Travelers, and their respective heirs, successors, personal representatives, agents, assigns, and to the extent permitted by applicable law, minor children.
Indemnification and Hold Harmless:
Client and Additional Travelers also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Client’s and Additional Travelers’ participation in the Trip, except for those arising out of the willful misconduct, gross negligence or intentional torts of Landed, as applicable.
Governing Law:
This Release of Liability and Assumption of Risk and any claims arising from my participation in the Trip will be governed by the laws of the State of Utah, which will be the exclusive forum for any lawsuits or actions brought pursuant or incident to this Release of Liability and Assumption of Risk. If any part of this Release of Liability and Assumption of Risk is held to be invalid or unenforceable, the remainder of this Release of Liability and Assumption of Risk shall remain in full force and effect.
This Release of Liability and Assumption of Risk must be executed by each Client and each Additional Traveler participating in the Trip. If any Additional Traveler is a minor child, such minor child’s parent or legal guardian must sign this Release of Liability and Assumption of Risk on behalf of such minor child.