WAIVER AND RELEASE OF LIABILITY
This is an agreement between You (“Participant”) and Endgame Adventures LLC, for the purpose of participating in an organized group adventure trips (“Adventure Trip”). Upon booking the Adventure Trip, Participant agrees to be bound by all of the terms and conditions that follow below, including specifically those regarding Participant’s rights to sue, forum and jurisdiction. This Waiver and Release constitutes the entire agreement between Participant and Endgame Adventures LLC and supersedes all other agreements, oral, implied or written. Any modification to any term of this Waiver and Release must be in writing and signed by Endgame Adventures LLC
2. WAIVER AND RELEASE OF LIABILITY
I, the Participant, understand the nature of the activities that I will be participating in during the Adventure Trip. Fully aware of this, I, and anyone who might claim on my behalf, release Endgame Adventures LLC, from any and all claims and liability of any kind arising out of personal injury or property damage resulting from my participation in the Adventure Trip. I further agree to release Endgame Adventures LLC, from any and all claims for damages for emotional distress, mental suffering or psychological injury of any kind under any circumstances, when such damages were neither the result of a physical injury to me nor were intentionally inflicted by Endgame Adventures LLC
3. INDEPENDENT CONTRACTORS
The providers, owners and operators of services, transportation, security and facilities are independent contractors and are not acting as agents of Endgame Adventures LLC Even though Endgame Adventures LLC may collect a fee for, or otherwise profit from, making such arrangements it does not undertake to supervise or control such independent contractors or their employees, nor maintain their services or facilities, and makes no representation, whether express or implied, regarding their suitability or safety. In no event shall Endgame Adventures LLC be liable, vicariously or otherwise, for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Participant which occurs during the Adventure Trip as a result of any acts, omissions or negligence of any independent contractors.
4. MEDICAL CARE AND OTHER PERSONAL SERVICES:
a. Medical Release. I acknowledge and agree that participation in any Adventure Trip subjects me to possibility of physical illness or injury (minimal, serious, catastrophic and/or death). I acknowledge I am assuming the risk of such illness or injury by participating in the Adventure Trip. In the event of such illness or injury, I authorize Endgame Adventures LLC to obtain necessary medical treatment of me and hereby, in my own behalf release and hold harmless Endgame Adventures LLC in the exercise of this authority. I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred on my behalf for any illness or injury that I may sustain during the Adventure Trip.
b. Availability of Medical Care. Due to the nature of travel and the remote areas visited on some Adventure Trips, the availability of medical care may be limited or delayed and medical evacuation may not be possible. Participant acknowledges this and agrees that Endgame Adventures LLC shall not be liable for damages caused by this limited medical care, including but not limited to any delay in medical care.
b. Relationship with Service Providers. To the extent Participants retain the services of medical personnel or independent contractors, Participants do so at their sole risk. Any medical personnel attending to a Participant, if arranged by Endgame Adventures LLC, are provided solely for the convenience of the Participant, work directly for the Participant, and shall not be deemed to be acting under the control or supervision of Endgame Adventures LLC, Endgame Adventures LLC is not a medical provider.
Endgame Adventures LLC assumes no liability whatsoever for any treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities. Participant acknowledges that the sport instructors (including but not limited to surf, ski, horseback, snowboard), spa personnel, transportation providers, security guards and other providers of services are employees of independent contractors and that Endgame Adventures LLC is not responsible for their actions.
5. ALCOHOL AND CONDUCT POLICY
Participant acknowledges and understands that Endgame Adventures LLC has established rules and policies pertaining to conduct, behavior and activities of all Adventure Trip Participants, which Participant acknowledges he or she has received and understands. Participant agrees to abide by all rules and understands that Endgame Adventures LLC may, at its discretion, send a Participant home without refund or refuse to allow Participant to continue on an Adventure Trip, or activity, for failure to comply with Endgame Adventures LLC’s rules and procedures, including, for example, Endgame Adventures LLC Participant Conduct Policy or Endgame Adventures LLC policies against fraternization with instructors and security personnel.
Participant agrees that the sale and consumption of alcoholic beverages will be limited to Participants who are 21 years or older and no Participant will attempt to purchase or consume such beverages in violation of this policy under any circumstances, either for themselves or others, regardless of the local laws in the location of the Adventure Trip. Endgame Adventures LLC will refuse and prohibit the sale or service of alcoholic beverages to Participants under the age of 21 years.
Participant acknowledges and agrees that Endgame Adventures LLC has a zero tolerance policy for illegal activity, including underage drinking and illicit substance use, and shall report such activity to Endgame Adventures LLC, Chaperones and the appropriate authorities. Participant further acknowledges that fraternization of any kind with the instructors or security personnel on the Adventure Trips is strictly prohibited.
Participant further acknowledges and agrees that, under no circumstances, shall a male Participant and female Participant fraternize with each other in the absence of a Chaperone.
6. PARTICIPANT WARRANTIES
Participant acknowledges the risk associated with participation in any exercise program and adventure activity (including but not limited to surfing, hiking, horseback riding, waterfall jumping, climbing, swimming, yoga) and that there exists the possibility for certain conditions occurring during or following training and/or exercise. Participant warrants that he or she is physically able to participate in the activities of the Adventure Trip. Participant further warrants that he or she has disclosed all known medical conditions, medications, and allergies to Endgame Adventures LLC Participant is solely responsible for bringing and administering any needed medications.
7. MEDICAL EVALUATION
It is strongly recommended that the Participant receive a medical clearance from his/her private physician prior to starting or participating in an exercise training / adventure activity program. Endgame Adventures LLC’s training programs are not designed for individuals with known heart disease with or without functional impairment.
8. FORUM SELECTION CLAUSE FOR ALL LAWSUITS
IT IS AGREED BY AND BETWEEN PARTICIPANT AND ENDGAME ADVENTURES LLC THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS AGREEMENT, TRANSPORT, ACTIVITY, EXERCISE PROGRAM OR ADVENTURE TRIP, SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA LOCATED IN BROWARD COUNTY, FLORIDA, U.S.A., (OR AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN BROWARD COUNTY, FLORIDA, U.S.A.) TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE, TERRITORY OR COUNTRY. PARTICIPANT HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT HE MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN THE APPLICABLE COURT LOCATED IN BROWARD COUNTY, FLORIDA.
9. USE OF LIKENESS, PHOTOS, VIDEOS OR RECORDINGS:
Participant understands that Endgame Adventures LLC from time to time produces marketing and promotional material relating to its Adventure Trips and Workouts. Participant understands that he or she may be included in videotapes, photographs, DVDs, podcasts, and videocasts taken during the Adventure Trip. Endgame Adventures LLC has the exclusive right in perpetuity to use video and other visual/audio portrayals of Participant or Participant’s likeness taken during the Adventure Trip in any medium of any nature whatsoever (including but not limited to the Internet) for any purpose, including advertising or promoting the services of Endgame Adventures LLC without any compensation being paid to Participant or any approval. Any such portrayal or likeness shall be the exclusive property of Endgame Adventures LLC (including the right to edit, combine, or create any derivative materials). All rights, title and interest therein (including all worldwide copyrights therein) shall be Endgame Adventures LLC’s sole property, free from any claims by Participant or any person deriving any rights or interest from Participant.
Any provision, paragraph, or clause of this Agreement that is determined in any jurisdiction to be unenforceable for any reason shall be deemed severed from this Agreement in that jurisdiction only, without affecting or invalidating any other paragraph, clause of provision thereof. All remaining provisions shall remain in full force and effect. All headings set forth in this Agreement are for convenience only and have no separate meaning or effect.
I hereby warrant that I have read this Participant Waiver and Release of Liability in its entirety and fully understand its contents. I am aware that this Participant Release and Waiver Form releases Endgame Adventures LLC from liability and contains an acknowledgement of my voluntary and knowing assumption of the risk of injury or illness. I have signed this document voluntarily and of my own free will. In the event Participant is a minor, Participant’s Guardian hereby agrees in his or her own behalf and on behalf of the Minor Participant.
Signature of Parent or Guardian if Participant is a minor