Travel - Release Agreement
Everyone traveling on a Moment Trip is required to sign the following release. This is a template and will be adjusted to the trip that you select.
MOMENT TRAVEL RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNIFICATION AGREEMENT
In consideration for my participating in this Trip, I agree to the following Trip terms and conditions of this Release of Liability, Assumption of Risk and Indemnification Agreement (“Release”).
1.Trip Risks. I have chosen to participate in the following trip, specifically, ______________________________________________ (“Trip”) that is arranged by Moment Travel, LLC (“Moment Travel”). In conjunction with this Trip, I understand that:
- the Trip has certain aspects that are hazardous, and I may be exposed to dangers and hazards, including, but not limited to: falls, falling rocks, fractures, concussions, inclement weather, overexertion, injuries from my lack of fitness, unpredictable ocean or river currents, hypothermia, hostile wildlife, equipment failures, actions or inactions of others, drowning and death (“Risks”);
- as a consequence of these Risks, my personal property could be damaged and/or I could be seriously hurt, disabled and I could die from the resulting injuries;
- hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during the Trip and I accept full responsibility for expenses I incur for medical treatment or evacuation. I understand and agree that Moment Travel assumes no responsibility for my medical care during the Trip.
2.Assumption of Risks. I voluntarily assume the Risks listed above (including other risks not listed) that are part of this Trip, and any harm, injury or loss that may occur to me or my property while participating in the Trip or during any transportation to or from the Trip including any injury or loss caused by the negligence of Moment Travel, its employees, agents and other Trip participants. I also understand that any equipment I provide or that I may borrow/rent from Moment Travel (or any other provider) I use at my own risk and that all such equipment is provided without any warranty regarding its condition or suitability.
3.Release of Liability. I hereby release Moment Travel, its officers, employees, agents, contractors, subcontractors, and the providers of any equipment used in the Trip (collectively, “Released Parties”) from all liabilities, causes of action, claims or demands resulting in any way from any injury, death, loss or harm that occurs to me or to any other person or to any property during the Trip or in any way related to the Trip, including during transportation to or from the Trip. This Release includes 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 during the Trip or are related in any way to the Trip.
4.Indemnification and Hold Harmless. I promise to defend, indemnify and hold harmless the Released Parties against any and all claims to which Section 3 of this Release applies, including claims for the negligence of the Released Parties. I also promise to defend, indemnify and hold harmless the Released Parties against any and all claims for my own negligence, and all other claims arising from my actions or inactions during the Trip. In accordance with these promises, 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 Release, including the indemnification obligation in this Section 4, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and comply with them.
5.Instructions. I will follow all Trip rules and instructions given to me by the Trip leader(s).
6.Independent Contractor. I acknowledge that Moment Travel has no control over and is not responsible for the actions of any guides and/or independent contractors providing services for this Trip.
7.Photo Release. I understand that during the Trip I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness. Furthermore, I grant to Moment Travel and its assigns permission to copyright, use, and publish (by any medium) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. In addition, I understand that if I provide Moment Travel any photographs, copy and other content generated during the Trip, (“Content”). I hereby grant to Moment Travel, and its affiliates, and their respective successors and assigns, a non-exclusive, worldwide, perpetual right and license to reproduce, incorporate, and distribute the Content in any form of media, worldwide, to market the future offerings of the Trip. Except the license set forth above, as between Moment Travel and me, I will own all other rights in the Content.
8.Moment Travel Terms of Service. I acknowledge that I have read and understand Moment Travel’s current Terms of Service located at https://www.shopmoment.com/moment-travel-terms-conditions, including, without limitation, the terms relating to cancellations, indemnification, and limitations on liability.
9.Severability. I agree that if any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision may be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Release.
10.Governing Law; Attorneys’ Fees. This Release is governed by and shall be construed in accordance with the laws of the state of Washington, U.S.A., without any reference to its choice of law rules. Venue for any and all actions shall be in the state or federal courts located in King County, Seattle, Washington, U.S.A. In any effort to enforce the terms and conditions of this Release, I agree that the non-prevailing party will pay all attorney’s fees and expenses of the parties seeking to enforce this Release.
I HAVE FULLY INFORMED MYSELF OF THE SCOPE AND CONTENT OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF THIS RELEASE. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED HEREIN. I UNDERSTAND THIS IS A BINDING CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT VOLUNTARILY.
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