5. RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
1. TRIP AND ASSOCIATED RISKS -
I have chosen to participate in the requested trip/trek (hereinafter referred to as "the Trip"), which is organized by Peru Trek 4 Good. I understand that:
The Trip involves activities that are inherently hazardous, including those described in the Trip Itinerary, which has been provided to me
During the Trip, I may be exposed to dangers and hazards, including equipment failures and negligence by others;
As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged;
Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be expensive; and
Peru Trek 4 Good assumes no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document.
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 Peru Trek 4 Good, 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 Peru Trek 4 Good, 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. 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 Peru Trek 4 Good's Terms and Conditions, "Activity Level and RISKS & HAZARDS," and, if participating on a Peru Trek 4 Good Trip, I have also carefully read the itinerary, 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 Peru Trek 4 Good legal limitations. I acknowledge that Peru Trek 4 Good 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 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 Peru, 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 Peru or in any other country, 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.