UNCOVR's Liability Release
RELEASE, ASSUMPTION OF ALL RISKS AND WAIVER OF CLAIMS
UNCOVR Travel, LLC, its employees, subsidiaries, affiliates, directors, representatives and assigns (collectively UNCOVR) do not own or operate any entity which provides, or is to provide, goods or services for your trip including, but not limited to: lodging facilities, food service, entertainment or transportation providers, equipment suppliers, operators of all UNCOVR recreational, adventure or other activities. Heretofore, UNCOVR is not liable for any third party negligence, willful acts or failure to act.
In addition, by signing the UNCOVR Liability Release, I acknowledge that I have voluntarily applied to participate in the designated UNCOVR tour for which I have registered. Furthermore, I am voluntarily participating in this tour fully aware of the numerous inherent risks and dangers of travel and physical activities, including but not limited to: any user negligence in relation to any provided active gear including but not limited to bicycles, helmets, pedals, odometers, gear maintenance; any motorized transportation vehicles including automobiles, boats, canoes, kayaks, paraglide, or hot air balloon; criminal activity; bites from or dangers associated with wild or other animals, pests or insects; negligence or willful misconduct by third parties; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof. Additionally, UNCOVR is not responsible for any unforeseen inclement weather conditions, adverse civil and social conditions and any personal physical conditions resulting from tour participation or any activities thereof or from the consumption of food or alcohol.
Lastly, UNCOVR is not responsible for stolen or lost luggage, valuables or any personal items due to but not limited to theft, break-ins into vans, lodging rooms or elsewhere. Thus, by signing the UNCOVR Liability Release, I acknowledge the inherent risks associated with active tours and the UNCOVR tour program and travel in general and therefore accept all associated travel risk as part of the travel experience and agree to be responsible for my own welfare and accept any and all risks of delay, unanticipated events, illness, injury, emotional trauma or death.
By accepting the terms outlined in the UNCOVR Liability Release, I understand that participation on an UNCOVR tour is contingent on all participants executing the UNCOVR Liability Release, thereby assuming ALL RISKS and accept that the UNCOVR Liability Release is legally binding from any and all liability to the maximum extent permitted by law. I also agree to abide by any written or verbal safety recommendations set forth by UNCOVR and understand that UNCOVR has the right to refuse or terminate a participant, without refund, any person deemed excessive, unsafe or abusive.
UNCOVR takes your privacy and discretion seriously; however, UNCOVR reserves the right to take photographic and video records of all tours and hereby releases said photographic and videography material for UNCOVR promotional and marketing purposes, including third party affiliations, without any remuneration to the guests. I hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by UNCOVR.
UNCOVR also reserves the right to make trip modifications, including but not limited to hotel accomodations, itinerary routing, in an attempt to assure tour quality and the wellbeing of our guests.
BINDING ARBITRATION: I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law without consideration of the California Arbitration Act and will take place in Hermosa Beach, CA. Except for trips in California, the California Vehicle Code will be inapplicable to my trip or any claim arising therefrom. 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 Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to these terms and conditions, I, as well UNCOVR, waive our right to a trial by jury.
KNOWING & VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this Agreement as well as all the conditions as stated in UNCOVR’s TERMS AND CONDITIONS, including but not limited to those regarding cancellation and refund policies. Exceptions to this policy cannot be made for any reason, including but not limited to, weather, terrorism, civil unrest, personal, family or medical emergencies. I understand that this is a legally binding and enforceable contract and sign it of my own free will. 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.
This contract is accepted by UNCOVR, and cannot be changed in an oral communication. We can only accept one signature per form.