TERMS & CONDITIONS, RELEASE OF LIABILITY, ASSUMPTION OF ALL RISKS, AND BINDING ARBITRATION AGREEMENT
PARTIES: OFF THE BEATEN PATH, LLC, hereinafter also referred to as “Operator”, provides tours in the country of France (each a “Tour”). These Terms and Conditions, Release of Liability, Assumption of all risks, and binding arbitration apply to each Tour program provided by “Operator”, hereinafter referred to as “Tour”. In these Terms and Conditions, the undersigned is hereinafter referred to as “Guest”. It is each individual traveler’s responsibility to read and understand the Operator’s Terms and Conditions, Release of Liability, Assumption of all risks, and binding arbitration. Completion and submission of Operator’s online tour booking form accompanied by the per person tour deposit payment by Guest constitutes Guest acknowledgement of, acceptance of and agreement to Operator’s Terms and Conditions, Release of Liability, Assumption of all risks and binding arbitration. OFF THE BEATEN PATH, LLC reserves the right to change its travel policies without notice.
OFF THE BEATEN PATH, LLC hereinafter also referred to as “Operator”, its agents, employees, subsidiaries, affiliates, officers, directors, successors, representatives assigns (collectively OFF THE BEATEN PATH, LLC) does not own or operate any entity which provides, or is to provide, goods or services for Guest’s Tour including, for example, lodging facilities, transportation companies, food service or entertainment providers, equipment suppliers, operators of recreational, adventure or other activities (regardless of whether such activities are included as part of the Operator’s trip itinerary), etc. As a result, OFF THE BEATEN PATH, LLC is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
I acknowledge that I have voluntarily applied to participate in Operator’s Tour (or a Tour to which I may subsequently transfer). I am voluntarily participating in this Tour with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of Operator including, without limitation, negligence in the conduct or arrangement of the Tour in any respect from inception to completion, negligence with regard to installation or maintenance of any van or other motor vehicle utilized to transport passengers, etc.; acts of God or force majeure, acts of war or civil unrest, terrorism, insurrection or revolt, acts of government, acts of heads of state, strikes or other labor activities; physical exertion for which I am not prepared; negligent or reckless behavior by the Guest or others; forces of nature; weather conditions; transportation failures or the failure of any transportation mechanism to arrive or depart timely or safely, whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; terrorism or the threat thereof; criminal activity; bites from or dangers associated with wild or other animals, pests or insects; negligence or willful misconduct by third parties; breakdown or failure of equipment; financial default of any supplier; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof; stolen, lost, or misplaced luggage or property; and theft or break-ins into vans, lodging rooms or elsewhere. I acknowledge that the enjoyment and excitement of Tour travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
I acknowledge that the cost of all OFF THE BEATEN PATH, LLC Tours is based upon trip participants executing this Terms and Conditions, Release of Liability, Assumption of All Risks, and Binding Arbitration Agreement. I agree that this Agreement shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release OFF THE BEATEN PATH, LLC from any and all liability to the maximum extent permitted by law.
MISCELLANEOUS MATTERS: I understand that OFF THE BEATEN PATH, LLC reserves the right to take photographic or film records of any of its Tours and hereby agree that Operator may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom Operator may engage in joint marketing, without any remuneration to me. I hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by OFF THE BEATEN PATH, LLC.
I agree to follow all written and verbal rules of safety presented to me by OFF THE BEATEN PATH, LLC. I understand that Operator reserves the right to refuse as a trip participant, or remove from a trip, without refund, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other trip participants, leaders or third parties, or who it determines to detract from the enjoyment of the trip by others. Transportation costs to depart from Tour, return home, airline penalties, and any other expenses will be the responsibility of the Guest. OFF THE BEATEN PATH, LLC reserves the right to make route, hotel, itinerary and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests.
HEALTH: By completing the Tour booking form accompanied by the per person Tour deposit, Guest certifies that he/she does not have any physical condition or disability that would create a hazard for him/her or other travelers, certifies that he/she is physically able to participate in the Tour and certifies that he/she is aware of all Tour walking and standing disclosures and requirements of the Tour.
WAIVER OF LIABILITY: Operator expressly limits its’ performance to the delivery of a Tour with accompanying food, lodging, and ground transportation from site to site. Force majeure: In no event shall OFF THE BEATEN PATH, LLC be responsible or liable for any failure, suspension, change, or delay in the performance of its obligations under this agreement arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation to strikes, work stoppages, accidents, epidemics, pandemics, endemics, outbreaks, acts of government, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, interruptions, loss or malfunctions of utilities or services, and decisions or restrictions imposed by third parties including but not limited to government intervention. OFF THE BEATEN PATH, LLC reserves the right to alter cancellation and refund policies, suspend operations and any activities during a period deemed force majeure. Operator and its’ agents expressly exclude all other guarantees and warranties including but not limited to the warranty of workmanlike performance of Operator and its’ agents. Furthermore, OFF THE BEATEN PATH, LLC and its’ agents will not be responsible for any direct or indirect consequential damages, loss, or injury that may result. Guest is completely responsible for all actions and agrees to hold harmless OFF THE BEATEN PATH, LLC and its’ agents for any changes, accident, damages, loss, or injury. OFF THE BEATEN PATH, LLC and its’ agents are not responsible for acts of God, force majeure, acts of war/terrorism, acts of government, strikes, epidemics, pandemics, endemics, outbreaks, natural disasters, and Guest agrees to hold OFF THE BEATEN PATH, LLC and its’ agents harmless for any incident, change in cancellation and refund policies, loss, suspension of operations, or injury resulting from the same, or as a result of any force majeure.
BINDING ARBITRATION: I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my Tour, or the Tour itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Pennsylvania law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to these terms and conditions, I, as well OFF THE BEATEN PATH, LLC, waive our right to a trial by jury.
INSURANCE: Trip cancellation/interruption insurance is recommended, but not required to participate in a Tour. No exceptions can be made to Operator Terms and Conditions policies. Trip cancellation/interruption insurance will protect Guest should he or she need to cancel for certain necessary reasons such as illness, unemployment, death, and provides Guest refunds for air and Tour. Additional insurance for baggage, health/accident is also available through most major travel insurance providers. OFF THE BEATEN PATH, LLC is not responsible for additional expenses that may occur, as a result of Guest not purchasing travel insurance.
TERMS & CONDITIONS, RELEASE OF LIABILITY, ASSUMPTION OF ALL RISKS, AND BINDING ARBITRATION AGREEMENT: Guest acknowledges, accepts, and understands that by submitting a completed Tour booking form accompanied by the per person Tour deposit payment that this is a legally binding and enforceable contract. By paying the Tour deposit to Operator, the depositor, also known and referred to herein as Guest, therefore agrees to be bound by the above-recited Operator policies.
KNOWING & VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this Agreement as well as all the conditions as stated in the Terms and Conditions section of the current OFF THE BEATEN PATH, LLC website, including but not limited to, those regarding cancellation and refund policies. Exceptions to this policy cannot be made for any reason. I understand that this is a legally binding and enforceable contract and agree to it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
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