Release of liability

RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

Please read carefully: This is a legally enforceable waiver of rights

In consideration of being permitted to participate in the tour and services organized, arranged and/or provided by Culture Strategy Group, Inc., which also does business under the name Marbella & Mallorca Escape (collectively, “Culture Strategy Group, Inc,” “CSG,” “Marbella Escape”,”Mallorca Escape” “we,” or “us”), , I, an adult participant, acknowledge and agree to the following terms and conditions to the maximum extent allowed by law.

CSG Policies

 

  1. I have read and agree to CSG’s Terms & Conditions, a copy of which has been made available to

Responsibility

 

  1. I understand that CSG purchases or reserves travel-related services from independent service providers and suppliers (collectively, “suppliers”). These services include but are not limited to transportation, guide services, lodging, activities and other travel-related I acknowledge that I am aware and understand that because CSG does not own, manage or control any of these suppliers, it is not responsible for any delay, inconvenience, accident, expense, injury, loss, financial insolvency, death or damage caused by any negligent or willful act or failure to act or default of any such supplier. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.

Acknowledgement and Assumption of Risk

 

  1. I have voluntarily applied to participate in the trip on which I am booked, which may involve walking, biking, hiking, boating, and/or a variety of other outdoor and adventure activities (“Adventure Activities”). I understand the nature of the activities that I have chosen to engage in and find no reason why I am physically or mentally unable to perform the required actions in order to safely accomplish these I also understand that some of the activities on this trip may be physically and mentally demanding, and I take full responsibility for knowing my limits. These Adventure Activities may also be provided by third parties over whom CSG has no control and no responsibility.
  2. I am voluntarily participating in this trip with the knowledge of the potential risks and dangers involved. These risks include but are not limited to: injuries ranging from minor mishaps to serious and catastrophic injuries, including but not limited to disfigurement, temporary or permanent disability, including paralysis, and death; dangers and risks inherent in outdoor and Adventure Activities; emotional trauma; the hazards of travelling;  negligence in any manner on the part of CSG; vehicles , aircrafts, trains, boats, and any other mean of conveyance , roads, trails and accommodations which are not maintained or operated to standards to which I am accustomed; forces of nature; explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident; the dangers of civil disturbances and war (declared, undeclared, or threat thereof); sabotage; transportation failures; equipment failures, malfunctions or deficiencies; mechanical or construction failures or difficulties; disease or virus, both known and unknown, such as coronavirus (including but not limited to the community spread thereof); epidemic; pandemic; pandemic; quarantine; border closures; government travel restrictions or warnings; regulations or orders, acts or non-acts of any governmental entity or official; diplomatic or health organization (e.g., World Health Organization) warnings; foodborne, airborne, and communicable illnesses and disease; bites or stings from insect or pests; actions of wild animals; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; terrorist activities, social or labor unrest or strike; mechanical or construction failures or difficulties; local laws; climatic conditions; abnormal conditions or developments; consumption of alcoholic beverages; theft or break-ins into vehicles, lodging or elsewhere; negligence or intentional actions by other participants including traveling while sick with or without symptoms; or any actions, omissions, or conditions outside of CSG’s control not mentioned in this agreement.
  1. I understand that CSG does its best to plan a smooth, enjoyable trip but that travel is often unpredictable and can involve unforeseen delays, detours, and I understand that how I react to difficult situations will greatly impact my experience and that ultimately, I am responsible for my own enjoyment and mental/physical health.
  2. COVID-19: I understand that the World Health Organization has declared the novel coronavirus, also known as Covid-19 (“the novel coronavirus”), a I understand that the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. I also understand that anyone could have the novel coronavirus but not show symptoms. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. I understand that CSG cannot guarantee that I will not become infected with the novel coronavirus during our trip, quarantined during our trip, denied services by third parties or entry by governments, or otherwise detrimentally impacted by Covid-19. Further, I understand that participating in activities offered by CSG may expose or infect me or any minor in my custody or case. I understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in my trip and travel-related activities, and I assume those risks. I understand that in the event I test positive for COVID-19 while on a trip, I must and will disclose this fact to the CSG trip leader immediately. By signing this agreement, I also agree that the trip leader and any other CSG representative may 1) inform anyone who has been in contact with me, including but not limited to other travelers and suppliers, so that they may undergo proper quarantine and testing procedure, and 2) may inform anyone else on a need-to-know basis (e.g., health officials if required, medical providers, etc.).
  1. I acknowledge that these are some, but not all, of the inherent and acquired risks associated with the activities performed on a trip. A complete listing of inherent and acquired risks is not possible.
  1. As lawful consideration of, and as part of the payment for, the right to participate in the trip, and as part of the payment of the services arranged for me by CSG, I expressly agree to be responsible for my own welfare, and I voluntarily and knowingly fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, foreseeable and unforeseeable, to the fullest extent permitted by law.

Release of Liability

 

  1. I acknowledge having received full disclosure and the opportunity to have this release reviewed by an attorney. Subject to such acknowledgement, to the fullest extent permitted by law, I, including, but not limited to, my spouse, heirs, personal representatives, successors, assigns, beneficiaries, agents and legal representatives (collectively and individually referred to as “Releasors”), EXPRESSLY RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE Culture Strategy Group, its owners, members, shareholders, officers, employees, directors, agents, consultants, representatives, volunteers, trip leaders, guides, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which I now have or may later have against Released Parties arising out of, relating to, or in connection with the trip and services arranged, organized, or provided by For the Love of Travel whether arising from the Released Parties’ negligence or otherwise. I HAVE CAREFULLY READ AND FULLY UNDERSTAND AND AGREE TO THE CONTENTS AND LEGAL TERMS OF THIS RELEASE. I UNDERSTAND THAT IT IS A LEGALLY BINDING CONTRACT AND SIGN IT OF MY OWN FREE WILL.
  1. I agree that I provide this release as lawful consideration of, and as part of the payment for, the right to participate in the trip, and as part of the payment for the services arranged for me by CSG.
  2. 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 (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risk associated with this trip and to release the Released Parties from any and all liability to the maximum extent permitted by law.

My Responsibilities for Damages and Emergency Services

 

  1. I agree and acknowledge that I am responsible and liable for my own acts and omissions, the acts and omissions of any minor in my custody or control, as well as the acts and omissions of anyone that I invite into any lodging or accommodation that is arranged or organized by CSG for me (“Lodging”). Among other things, I agree and acknowledge that (i) I am responsible for leaving an any Lodging, as well as any related personal property and premises (e.g., outdoor), in the same condition it was in when I arrived; (ii) I am responsible for paying all reasonable amounts necessary to cover damage that I, my guest(s), or my pet(s) cause to any lodging or accommodation , and (iii) I must act respectfully towards others and comply with applicable laws at all I agree and acknowledge that if I, any minor in my custody or control, my guest, or my pet damages the Lodging in any way, I shall be responsible for the cost and expense of repairs necessary to restore the condition of the Lodging and for any related losses and damages. I agree that the supplier of the Lodging, including but not limited to the owner, landlord or manager of the Lodging, shall be entitled to bring a claim of damage directly to me. I also agree and acknowledge that should the supplier of the Lodging seek compensation from CSG instead of me, I shall pay CSG for the cost and expense of repairs necessary to restore the condition of the Lodging and for any related losses and damages.
  1. I understand that CSG may partner with third party providers, such as Global Rescue, to provide me with certain emergency services, including but not limited to medical, security, and evacuation services (“Emergency Services”). I agree and acknowledge that these third party providers will be entitled to seek compensation for Emergency Services from me. I agree and acknowledge that should any such providers seek compensation from CSG or directly from me for Emergency Services provided to me, I shall be financially responsible for the amount necessary to pay for the Emergency Services and any related costs and expenses. Upon demand for payment by either CSG or Global Rescue, I agree to and shall pay for the Emergency Services.

Indemnification

  1. 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 negligent or intentional actions or inactions, whether my actions were supervised or unsupervised, occurring during the trip.

Choice of Law, Arbitration and Severability

 

  1. I agree that any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in New York, NY, USA in accordance with the rules of the American Arbitration Association which are in existence at the time of the dispute. Such proceedings will be governed by substantive (but not procedural) California State 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. Nothing in this provision prevents either party from seeking pre-arbitration injunctive and equitable relief. The local and federal courts of New York, NY shall have exclusive venue and jurisdiction over all parties in enforcing the terms and requirements of this release, including the enforcement of any arbitration award.
  2. 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. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision

KNOWING AND VOLUNTARY EXECUTION

 

By signing this RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I

certify that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, including the right to bring a court action to recover compensation or any other remedy, and voluntarily agree to be bound by its terms. I understand and acknowledge that if I am hurt or damaged during the trip, I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties on the basis of any claim from which I have released them herein. I further acknowledge that I have had an opportunity to ask any and all questions that I may have, and that CSG has answered all questions to my satisfaction. My signature applies to all pages of this document.

If signing electronically, I understand that a paper version of this agreement is available but I have voluntarily chosen to sign this document electronically.

    Participant´s Name:

    Participant's Date of Birth:

    Participant's Email Address:

    Confirm Participant's Email Address:

    Electronic Signature Consent:

    Signature*

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