Participant Waiver and Release of Liability
In consideration of the opportunity to participate in Sleeping Bear Adventure Co, (Company) tour (Event), whose registration process requires me to accept this agreement, I hereby agree to the following Waiver and Release of Liability (Agreement):
Waiver and Release of Liability: My participation in the Event is voluntary and subjects me to the possibility of physical injury due to equipment failure or otherwise (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, Risks). Accordingly, I agree to the following:
I hereby release and hold harmless Company, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks including but not limited to equipment failure (Claims), including those caused by the negligent acts or omissions of any or all of the Releasees at any time during my participation in the Event.
I recognize the physical exertion involved in the Event. I further understand that the Event presents real dangers including but not limited to the risk of drowning, accident, injury, sickness or even death and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Event.
As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Event, including those sustained on the premises where the Event is conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.
I acknowledge that third parties may be providing food or meals to me as part of the Event. I release and hold Company harmless from any claim, demand, loss, liability, damages and attorney fees and costs associated with any food or meals provided.
This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
General Provisions: Company is not responsible for any lost or stolen articles during the Event.
There is NO SMOKING allowed on any vehicle.
Alcoholic beverages are not allowed on the bus during the trip. The Company’s driver and/or employee reserves the right to eject any individual(s) who they deem to be disruptive, intoxicated, to pose a safety threat to themselves or to others, or deemed to be using illegal substance. For any actions such as fighting, violence, damage to equipment and/or bus, harassment towards the driver, staff, or anyone associated with Company, the driver reserves the right to terminate the trip. I will be responsible to find other transportation and forfeits the full fare as a result.
Company is NOT LIABLE in cases of unexpected vehicle breakdowns, accidents, severe weather, or anything that may delay a timely arrival or cause cancellation of the trip. In the event of a cancellation due to mechanical problems, the trip may be rescheduled for another date. I will be notified as soon as possible to let them know of unexpected problems that may postpone trip times.
By booking this event, I agree that I have read the rules and regulations and agree to abide by them. I understand and accept full responsibility for any and all damage and/or theft that occurs during the Event for all members of my party involved in the Event. I agree to assume full responsibility for any damages to the interior or exterior of the bus that is cause by an individual riding in the bus that is a member of my group. I am liable for the cost to repair any such damage as well as any cost for loss of Company service due to such damage. I agree that if any personal are added during the Event, who are not part of the original group, it will be at the discretion of the Company/Company driver (not to exceed vehicle limit – no standees). I have the right to inspect the vehicle prior to the trip and report any damage. I have accepted in good faith and agree to the listed price of the vehicle rented. I agree to pay for all services rendered at the time of pick-up and any additional hours at the end of the Event. I agree to explain these rules and regulations to persons in my group and any additional persons during the event.
I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the federal or state courts located in Traverse City, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Event.
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Document Name: Participant Waiver and Release of Liability
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