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By advancing deposit to REI Adventures, the depositor therefore agrees to be bound by the below terms and conditions. All trip participants must complete a trip application/Liability Release and Assumption of Risk Agreement and health form. Strenuous trips require a physician's release on the health form.
REI Adventures is not a medical facility and therefore has noresponsibility regarding medical advice or medications that you or yourdoctor deem necessary for your safe participation.
Hospital facilities for serious problems are often unavailable, andevacuation can be prolonged, difficult and expensive. REI Adventures assumesno liability regarding provision of medical care. By signing the LiabilityRelease and Assumption of Risk Agreement, you agree to pay for emergencyevacuation and emergency medical care.
REI Adventures reserves the right to decline to accept or retain any person as atour participant should such person's behavior, health or mental condition impedethe operation of the trip.
REI Adventures may contract with independent contractors to providetransportation, guide services and/or all other related travel services. We assumeno responsibility, however caused, for injury, loss or damage to person or propertyin connection with any service provided by an independent contractor or resultingdirectly from the following: - acts of God - detention - annoyance - terrorism -thefts - pilferage - force majeure - civil disturbances - government restrictions orregulations - strikes - delays and expenses arising from quarantine - failure of anymeans of conveyance to arrive or depart as scheduled - discrepancies or change intransit or hotel services over which we have no control.
We reserve the right to make reasonable changes in the itinerary wheredeemed advisable for the comfort and well-being of trip members. By advancingpayment to REI Adventures, the payee thereby agrees to be bound by the above termsand conditions.
If you decide to cancel your trip, the following fees apply and are due to REI at the time (prior to departure) we receive written notice of your cancellation. Some trips may have special cancellation or transfer fees; if so, they will be listed on the Itinerary Details or supporting trip documents.
If you decide to transfer your reservation, the following fees apply and are due to REI at the time (prior to departure) we receive written notice of your intention to transfer. Some trips may have special cancellation or transfer fees; if so, they will be listed on the Itinerary Details or supporting trip documents. To protect yourself, we recommend that you purchase trip cancellation insurance (see below).
Should you have to cancel your trip because of illness, injury or death to you or an immediate family member, this insurance protects all your deposits and payments for both air and trip costs. We will mail you the necessary forms in your trip packet. REI Adventures recommends that you purchase this insurance at the time of sign-up to be covered for pre-existing conditions (certain restrictions apply). We strongly recommend the purchase of trip insurance.
REI Adventures reserves the right to cancel all or a portion of a trip for force majeure or any other circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at REI's sole discretion. We also reserve the right to cancel any trip if sign-up is inadequate to make the trip economically feasible for us to operate, and in this event, we give a full refund of the trip price. However, REI Adventures is not responsible for additional expenses incurred by you in preparing for the trip.
REI Adventures does not give any refunds for unused hotel rooms, meals,sightseeing trips or other trip arrangements. Trip price is quoted as a package;credits are not given for services not used.
All participants must sign the following Release of Liability, Assumption of Risk and Indemnification Agreement. A copy of this form will be included in yourconfirmation packet.
1. TRIP AND ASSOCIATED RISKS - I have chosen to participate in the above referenced trip (hereinafter referred to as "the Trip"), which is organized by Recreational Equipment, Inc., doing business as REI Adventures (hereinafter referred to collectively as "REI Adventures"). I understand that:
2. ASSUMPTION OF THE RISKS - I hereby freely assume the above mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Trip-including any risks caused by the negligence of REI Adventures, its employees and officers, its contractors, and other trip participants.
3. WAIVER AND RELEASE OF LIABILITY I hereby WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS against REI Adventures, its employees, officers, directors, vendors and contractors ("Released Parties"), where such LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS arise in any way from any injury, death, loss or harm (whether foreseen or unforeseen) that occur to me or to any other person or to any property during the Trip or are in any way related to the Trip. This release includes, but is not limited to, claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Washington law does not permit to be released by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur on the Trip.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE I promise to INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise from my acts or my failure to act (including my own negligence) during or relating to the Trip. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney's fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. OTHER FORMS & TERMS - I have carefully read REI Adventures' Reservation Information, Health Form, "Activity Level and RISKS & HAZARDS," and, if participating on a REI Family Adventure, I have also carefully read the "About REI Family Adventures" document, and have familiarized myself with all of the information provided to me about the Trip and its rating. I agree to all of the conditions in the Reservation Information- including the sections about my responsibilities and about REI Adventures' legal limitations. I acknowledge that REI Adventures has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Trip.
6. SEVERABILITY - I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Washington law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
7. APPLICABLE LAW, FORUM & ATTORNEY'S FEES - This agreement is governed by and shall be construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Trip shall be brought in the Superior Court of King County, Washington, or in the U.S. District Court for the Western District of Washington, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement.
I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.
If participant is a minor, signature of parent or guardian is also required: In consideration of my minor child's being permitted to participate in the Trip, I accept and agree to the full contents of this agreement. I understand that I am responsible for and I accept the responsibility for the supervision throughout the duration of the Trip of any minor traveling in my care. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to my minor child during the Trip or in any way related to the Trip. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Washington law does not permit to be excluded by agreement.