IMPORTANT NOTICE: YOUR REGISTRATION IS EXPRESSLY MADE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEASE AND INDEMNITY AGREEMENT BELOW. PLEASE CAREFULLY READ, SIGN AND RETURN THIS RELEASE AND INDEMNITY AGREEMENT. YOUR TRIP ATTENDANCE WILL NOT BE CONFIRMED UNTIL YOU HAVE SIGNED AND RETURNED THIS RELEASE AND INDEMNITY AGREEMENT.
Release and Indemnity Agreement (the “Agreement”)
Each participant named on the Registration Form above desires to participate in the tour(s) listed thereon. In consideration of being permitted by BIRDS by BIJS., a California limited-liabilty corporation, (“BBB”) to participate in the tour(s) and in recognition of BBB’s reliance hereon, I agree to the terms and conditions set forth in this Agreement.
The tour(s) will offer a unique opportunity to experience birds and wildlife(and history and culture in some cases) in a variety of environments. However, I am aware and understand that participating in the tour(s) is a potentially dangerous activity and involves risk of serious injury, disability, death and/or property damage. I am also aware of the highly contagious nature of bacterial, viral and other infectious diseases, including but not limited to, the 2019 novel coronavirus disease (COVID-19) (the “Disease”), and the risk that I may be exposed to or contract the Disease by participating in the tour(s), which may result in serious illness, personal injury, disability, death and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions or negligence of BBB employees or others, including negligent emergency response or rescue operations of BBB. I understand that, while BBB has implemented measures to reduce the risk of injury from participation in the tour(s) and the spread of the Disease, BBB cannot guarantee that I will not be injured or become infected with the Disease due to my participation in the tour(s) and that participating in the tour(s) may increase my risk of contracting the Disease.
NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE TOUR(S) WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE TOUR(S), WHETHER CAUSED BY THE ORDINARY NEGLI-GENCE OF BBB OR OTHERWISE.
During the tour(s), I will comply with all federal, state and local laws, orders, directives and guidelines related to the Disease and participating in the tour(s), including, without limitation, requirements related to hand sanitation, social distancing and use of face coverings and safety equipment. I understand that, while BBB may provide guidance regarding available information, I am ultimately responsible for complying with the applicable laws of the United States and any country to or through which I travel in connection with the tour. I understand that laws and public health orders related to the Disease may change before or during the tour(s), and that, while BBB may take reasonable efforts to make me aware of applicable changes of which BBB is aware, BBB is not legally or financially responsible for such changes or for changes to or cancellations of the tour(s) or any portion thereof made as a result of a change in law. I will also follow all instructions, recommendations and cautions of BBB at all times during the tour(s). If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the tour(s), or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the tour(s).
I hereby expressly waive and release any and all claims, now known or hereafter known, against BBB, its agents, servants, employees, shareholders, officers, directors, affiliates, attorneys, contractors and subcontractors, past, present and future, and their respective heirs, legal and personal representatives, successors and assigns (collectively with BBB, the “Released Parties”), on account of injury, illness, disability, death or property damage arising out of or attributable to my participation in the tour(s), whether arising out of the ordinary negligence of BBB or any other Released Party or otherwise. I covenant not to make or bring any such claim against BBB or any other Released Party, and forever release and discharge BBB and all other Released Parties from liability under such claims.
I knowingly and voluntarily waive, release, save, hold harmless and indemnify BBB and all other Released Parties, and all of their respective properties, assets and interests, from any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, or resulting from, any and all known or unknown, foreseen or unforeseen personal injury or death, loss or damage to property, and the consequences thereof, directly or indirectly resulting from, incident to, in connection with, or arising out of my participation in the tour(s) (collectively, “Claims”).
IT IS MY INTENTION THAT THIS AGREEMENT WILL APPLY TO ALL OF THE CLAIMS WITHOUT LIMITATION AND, TO THE FULLEST EXTENT ALLOWED BY LAW, REGARDLESS OF WHETHER FOUNDED, IN WHOLE OR IN PART, ON ANY NEGLIGENT ACT OR OMISSION OF ANY OF THE RELEASED PARTIES, AND REGARDLESS OF THE DEGREE OF NEGLIGENCE.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the tour(s). I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge and hold harmless BBB from any claim based on such treatment or other medical services.
I have obtained, read and reviewed copies of the Refund, Cancellation and Deposit Policy the Responsibility Statement, as either contained within each tour itinerary or located under at bottom of webpage at https://www.birdsbybijs.com, and I understand, consent to and agree to be bound by the conditions and provisions stated in such policies and statement. Except for the health problems listed on the Registration Form, each participant is in good physical health and able to tolerate the physical demands of the tour(s). Each participant understands, consents to and agrees that such participant may be subject to removal from the tour(s) as detailed in the Responsibility Statement.
Any Claim arising out of or relating to this Agreement or the Released Parties’ performance of their tour obligations, including, without limitation, any Claim relating to bodily injury, property damage or death, will first be submitted in good faith by the Released Parties and participant to nonbinding mediation in Los Angeles County, California. If the Claim is not settled at mediation, the Claim will be submitted, at the sole discretion of the Released Parties, to arbitration in Los Angeles, Los Angeles County, California
No waiver of this agreement to arbitrate will be enforceable on the parties, and judgment hereon may be entered by a court in Los Angeles County, California having subject matter jurisdiction. If the Released Parties do not elect to have a Claim submitted to arbitration, exclusive jurisdiction and venue for any suit based upon a claim otherwise subject to arbitration under this agreement will be in Los Angeles County, California. Even after suit is filed, the Released Parties will have the right to submit the case to arbitration by motion filed within 120 days after service of process, summons, citation or statement of claim on the Released Parties. Participant and the Released Parties agree and stipulate that this agreement to arbitrate, including each related agreement and transaction, is involved in interstate commerce. This agreement to mediate, arbitrate, or submit Claims to court does not waive or modify the release and indemnity contained in this Agreement.
EACH PARTY ACKNOWLEDGES AND AGREES THAT HE/SHE/THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.
I have read and understand this Agreement, which contains the entire and final agreement relating to the subject matter hereof. Its terms will be binding on me and on my heirs, legal representatives and assigns. If any provision of this Agreement is determined to be void, unenforceable, ineffective, or against public policy, such provision will be disregarded and deemed removed from this Agreement, and will not affect the remaining provisions of this Agreement. The terms of this Agreement are contractual and binding upon the parties. ASSUMPTION OF RISK, WAIVER AND RELEASE
IMPORTANT NOTICE: YOUR REGISTRATION IS EXPRESSLY MADE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEASE AND INDEMNITY AGREEMENT BELOW. PLEASE CAREFULLY READ, SIGN AND RETURN THIS RELEASE AND INDEMNITY AGREEMENT. YOUR TRIP ATTENDANCE WILL NOT BE CONFIRMED UNTIL YOU HAVE SIGNED AND RETURNED THIS RELEASE AND INDEMNITY AGREEMENT.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BBB.
This Agreement and any Addendum may be executed in multiple counterparts and shall be effective and binding upon the earlier of (1) Customer’s signature hereon, or (2) Customer’s departure for a Tour (which shall not excuse Customer’s obligation to return a signed copy of the Agreement and any Addendum at the time required by BBB). No notation, interlineation, or other alteration of any term of this Agreement or any Addendum by Customer shall be effective unless acknowledged and agreed to in a separate writing signed by Customer and an authorized officer of BBB. In the eBBB of a dispute as to the form of this Agreement or any Addendum, the assembled copy of such document maintained by BBB shall conclusively control to the exclusion of any conflicting or less complete copy.
