PURE ADVENTURES LIABILITY RELEASE
CONSUMER DISCLOSURE NOTICE, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
Please read this Agreement carefully. You must sign this Agreement to participate in the tour. By signing this waiver, you agree to the terms and conditions written below. Minors (under 18 years of age) must have the signature of a parent or guardian.
RESPONSIBILITY: PURE ADVENTURES, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, successors and assigns (individually or collectively “PURE ADVENTURES”) acts only as an agent or intermediary for the various independent suppliers that provide accommodations, meals, transportation, sightseeing, activities or other goods and services connected with your tour (“Supplier” or “Suppliers”). As a result, PURE ADVENTURES assumes no responsibility for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, or of any other person or entity. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the relevant country. PURE ADVENTURES will not provide any refund for a SUPPLIER’s delay, cancellation, overbooking, strike or force majeure, or for elements of the tour that you do not use.
ASSUMPTION OF RISK: I acknowledge that I have voluntarily applied to participate in the tour on which I am booked (or a tour to which I may subsequently transfer), which will involve bicycling, hiking, and/or other outdoor and adventure sports (“ADVENTURE ACTIVITIES”). I understand that PURE ADVENTURES does not provide instruction in bicycle use. I also understand that helmets are required and that it is my sole responsibility to wear one. I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in ADVENTURE ACTIVITIES; negligence (but not gross negligence) in any manner on the part of PURE ADVENTURES; emotional trauma; disfigurement; temporary or permanent disability (including paralysis); death; acts of God; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; bites or stings from insects or pests, encounters with wild or domesticated animals, local laws, climactic conditions; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere abnormal conditions or developments; or any actions, omissions, or conditions outside of PURE ADVENTURE’s control that are not otherwise mentioned herein.
I assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at such destinations. For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/ . For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel/ , or the responsible government agency in your country.
WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE: As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by PURE ADVENTURES, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by PURE ADVENTURES, I, an adult traveler, or as parent or legal guardian of any child/minor under 18 years for whom I am signing this agreement (“Minor”), for myself, the child, my and the child’s heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER PURE ADVENTURES, its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, successors and assigns (collectively, “Releasees”) from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by PURE ADVENTURES.
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 any Minor’s negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the tour.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE 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, my and their heirs, successors, assigns, and legal representatives; it being my intention to fully assume all risks associated with this trip and to release RELEASEES from any and all liability to the maximum extent permitted by law.
BINDING ARBITRATION: I agree that any dispute concerning, relating, or referring to this Agreement, tour brochures, or any other materials that concern my tour, or the tour itself, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Phoenix, Arizona, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Arizona law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
MISCELLANEOUS MATTERS: I understand that PURE ADVENTURES has the right to refuse as a tour participant, or remove from a tour, any person a) who it judges to be incapable of meeting the rigors and requirements of participating in the tour activities; b) who it determines to detract from others’ enjoyment of the tour, or c) for not executing this or other required pre-tour documents.
VALIDITY OF ELECTRONIC SIGNATURE: If signing electronically, I understand that a paper version of this agreement is available but I have voluntarily chosen to sign this document electronically. I understand that I may withdraw my consent to receive communications in electronic form by contacting Pure Adventures by phone at USA (1) [add] or email at [add].
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and understand the provisions and legal consequences of this Agreement, and I hereby agree to all of its conditions. I acknowledge that it has been recommended that I have my attorney review this release prior to signing it. I also understand that there are no exceptions to PURE ADVENTURES’ cancellation and refund policies, to which I previously agreed when booking the tour, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond PURE ADVENTURES’ control. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I also acknowledge that I have had an opportunity to ask any and all questions that I may have, and that Pure Adventures has answered all questions to my satisfaction. My signature applies to all pages of this document.I acknowledge that in calculating the cost of the tour, PURE ADVENTURES has relied on my consent to these terms and their enforceability. In the absence of this Release of Liability, the tour cost would have been higher or, alternatively, PURE ADVENTURES would be unable to offer these services.
By signing below (whether electronically, by pen-and-ink, or by facsimile counterpart) and submitting this document to Pure Adventures by any means, I also acknowledge that I have carefully read and fully understand and agree to the contents and legal consequences of this Agreement, as well as PURE ADVENTURES Terms and Conditions, the itinerary for my specific trip, and any other PURE ADVENTURES’ material that governs the TOUR.
Signature (If 18 years of age or older) Date
Minors under 18 years of Age – A Parent or Legal Guardian Must Sign This Agreement on Behalf of the Minor and the Minor Must Also Sign this Agreement. The Parent or Guardian Must Submit Their Own Signed Agreement Separately if Also Participating in the Tour.
I am the parent or legal guardian of the minor. I understand the legal consequences of signing this Agreement, including a) Releasing PURE ADVENTURES from all liability on my and the minor’s behalf, b) promising not to sue on my and the minor’s behalf, c) and assuming all risks of the minor’s participation in the tour. I understand that I am responsible for the obligations and the acts of minor as described in this document. I agree to be bound by the terms of this document.
I have read this Agreement in its entirety, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.
Signature of Minor Participant’s Parent/Guardian Date
Print Name of Participant’s Parent/Guardian
Signature of Minor Date
Print Name of Minor