RELEASE AND WAIVER OF LIABILITY – FAR REACH TRAVEL INC.
BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING IT.
1. Defined Terms:
“Trip” means the travel services we provide to a Participant (as defined below) in connection with the Participant’s booking and the travel arrangements, and related services and activities provided by third parties that Far Reach Travel (as defined below) books, arranges, facilitates, or otherwise assists with on behalf of the Participant, including without limitation:
2. In consideration of Far Reach Travel Inc., doing business as “Far Reach Club” and its affiliates and each of their officers, directors, board members, employees, agents and assigns (collectively, “Far Reach Travel”) permitting me to participate (“Participate”) in the Trip (which shall include any activities related to the Trip), I, the individual accepting this Agreement (“Participant” “I” “my” or “myself”), confirm and acknowledge that I have voluntarily elected to Participate in the Trip and agree to the terms and conditions set out in this release and waiver of liability (the “Agreement”).
3. I hereby voluntarily agree to waive, release, forever discharge, indemnify, hold harmless and promise not to sue, in each case Far Reach Travel, from, against and in respect of any and all Claims (as defined below) that may directly or indirectly arise out of, result from, relate to, or are in any way connected to my Participation in the Trip, including, but not limited to any such Claims that allege negligent acts or omissions by Far Reach Travel.
4. Except as expressly provided in Section 5 of this Agreement, in no event will Far Reach Travel’s aggregate liability under or in connection with this Agreement or any Far Reach Travel Trip or proposed Far Reach Travel Trip exceed the trip fee actually paid to Far Reach Travel for such Trip.
5. Nothing in this Agreement operates to exclude or limit, and the waiver, release, discharge and indemnity given by me do not apply to: (a) any liability that cannot be excluded or limited under applicable law; (b) liability for death or personal injury caused by Far Reach Travel’s gross negligence or willful misconduct; or (c) liability for fraud or fraudulent misrepresentation.
6. I acknowledge that my participation in the Trip (including international travel) may entail known, unknown, and unanticipated risks that could result in property loss or damage, damage to third parties and catastrophic injury, including death, as a result of:
and any other risks, dangers, hazards, conditions, or circumstances, whether or not specifically described above, that may arise in connection with the Trip or travel to and from the Trip.
I understand that such risks cannot be eliminated. I fully understand and appreciate the dangers, hazards and risks inherent in participating in the Trip and in transportation to and from the Trip. I elect to Participate in the Trip in spite of the risks.
7. I agree that by participating in the Trip, I expressly agree to accept and assume full responsibility for all risks related to the Trip including, but not limited to, death, incapacitation, injury, illness, loss, theft, identity theft, fraud, or property damage.
8. I agree that my safety is primarily dependent upon my taking proper care of myself. I understand that it is solely my responsibility to know what I will need for the Trip and to provide what I will need. I agree to make sure that I know how to safely Participate in any part of the Trip, and I agree to become familiar with and to strictly observe any safety rules and practices that may be identified and employed to minimize any risks. I agree to stop and seek assistance if I do not believe I can safely continue to Participate in the Trip. I will not wear or use or do anything that would pose a hazard to myself or others, including using or ingesting any substance which could pose a hazard to myself or others. I agree that if I do not act in accordance with this Agreement, I may not be permitted to continue to Participate in the Trip.
9. I acknowledge that Far Reach Travel does not supervise, control or have responsibility for the acts or omissions of any third-party providers, local guides, transportation operators, accommodation providers, hospitality providers or other participants in the Trip. I agree to follow all lawful instructions, guidelines and directions of Far Reach Travel personnel and of third-party providers relating to safety, health, conduct, equipment, transportation, routes, schedules and participation requirements. I am responsible for assessing my own fitness, skill and comfort level for each activity and for declining, modifying or discontinuing participation if I have any safety concerns.
10. If I become separated from the Trip group, fail to return with the group or become sick or injured, I will, to a reasonable extent, and at my own expense, provide for my own transportation back to the point of departure from the Trip.
11. I have disclosed, or will disclose before the Trip in accordance with Far Reach Travel’s Terms and Conditions, any medical or physical conditions that could affect my safety or my participation in the Trip, and I will promptly inform Far Reach Travel of any change before the Trip. I will not Participate in the Trip if I have been advised not to by a qualified health care provider. I recognize that Far Reach Travel is not obligated to attend to any of my medical or medication needs, and I agree to assume all risk and responsibility and to pay all expenses relating thereto.
12. I agree that, in advance of the Trip and at my own expense, I will obtain travel insurance that includes coverage for travel medical (including emergency medical), emergency evacuation, repatriation, trip cancellation, and adventure activity (where applicable). I will provide proof of such coverage to Far Reach Travel by the deadline set out in the Terms and Conditions, and I acknowledge that I may be refused participation in the Trip if I do not. I assume all risk and responsibility for any losses that would otherwise have been covered by such insurance.
13. I understand that Far Reach Travel is not an agent of or for any third party that may provide goods or services associated with the Trip, including, but not limited to food, accommodation, travel, equipment, activities or the use of property and/or facilities.
14. Should Far Reach Travel, or anyone acting on their behalf, be required to incur legal fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
15. The term “Claims” includes any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including, but not limited to, court costs, legal fees and litigation expenses), which may arise out of, result from, relate to, or are in any way connected to, my participation in the Trip. I understand and acknowledge that these Claims include, but are not limited to, Claims for death, personal injury, partial or permanent disability, negligence, and property damage or theft; Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions; and Claims for medical or hospital expenses.
16. I agree that this Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and that the courts of the Province of British Columbia shall have exclusive jurisdiction in respect of any disputes or matters hereunder.
17. I agree that if any term of this Agreement is found to be void or unenforceable, the remaining terms shall remain in full force and effect.
18. Personal image use release - I OPT IN (optional). By ticking the photo consent box on Far Reach Travel’s booking form or pre-trip form, I hereby grant permission to Far Reach Travel to take and use photographs of me and my participation in this Trip and to publish them in print or electronically without my further consent and without any recourse or compensation to me. For greater clarity, such photographs will be the property of Far Reach Travel and may be used in promotional material, websites or in any other way without liability on the part of Far Reach Travel or on the part of the media in which such photographs may appear.
This consent is optional and is not a condition of participating in the Trip, and I may withdraw it at any time as set out in the Terms and Conditions. By accepting this Agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in the Trip, I may be found by a court of law to have waived my right to maintain a lawsuit against Far Reach Travel on the basis of any Claim from which I have released them herein.
I confirm that I am at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. I have had sufficient opportunity to read this entire Agreement. I have read and understood it, and I agree to be bound by its terms on behalf of myself, my heirs, guardians, successors, assigns, administrators, executors, personal or legal representatives, and estate.
Electronic acceptance. I agree that by ticking the acceptance checkbox for this Agreement on Far Reach Travel’s booking form or pre-trip form, I am electronically signing this Agreement, and that my electronic acceptance has the same legal effect as a handwritten signature. Far Reach Travel will keep an electronic record of my acceptance, including the version of this Agreement, the date and time of acceptance, my IP address and my browser user agent. This Agreement applies to the Trip for which I accept it, and a separate acceptance is required for each Trip. Each Participant must accept this Agreement personally: a person booking a Trip for another Participant cannot accept it on that Participant’s behalf. Each additional Participant must accept this Agreement through the pre-trip form before the Trip and will not be permitted to Participate until they have done so.