Release of Liability and Assumption of All Risks
Marco Polo- BikingVietnam.com their employees, shareholders, officers, directors, agents does not own or operate any entity which is, to, or does provide goods or services for your trip including, for example, lodging facilities, transportation companies, food service providers, etc. As a result, Marco Polo-BikingVietnam.com is not liable for any negligent or willful act or failure to act of any such person, or of any other third party.
I acknowledge that I have voluntarily applied to participate in the trip designated on this application (or a trip to which I may subsequently transfer). I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to:
physical exertion for which I am not prepared; forces of nature; travel, whether in civilized or remote area and by auto, boat or other conveyance, or on bicycle, ski, hot air balloon, by foot or other form of active or adventure travel; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided. I agree to follow all written and verbal rules of safely presented to me by Marco Polo-BikingVietnam.com. I acknowledge that the enjoyment and excitement of adventure 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, PHYSICAL PROPERTY AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, ILLNESS, INJURY, EMOTIONAL, TRAUMA OR DEATH.
I acknowledge that the cost of all Marco Polo-BikingVietnam.com trips is based upon trip participants executing this Release of Liability and Assumption of All Risks. Therefore, as lawful consideration for being permitted to participate on such trip(s), I hereby RELEASE AND DISCHARGE FOREVER Marco Polo-BikingVietnam.com FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TRIP. I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, it being my intention to fully assume all the risk of travel and to release Marco Polo-BikingVietnam.com from any and all liabilities to the maximum extent permitted by law. I understand that Marco Polo-BikingVietnam.com reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participation in the activities.
I understand that Marco Polo-BikingVietnam.com reserves the right to take photographic or film records of any of its trips and hereby agree that Marco Polo-BikingVietnam.com 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 Marco Polo-BikingVietnam.com 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 likeness may be used by Marco Polo-BikingVietnam.com. I acknowledge that Marco Polo-BikingVietnam.com’s actions aforementioned shall not be considered an infringement of my intellectual property right.
I agree that any dispute concerning this contract, the brochure, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by the Better Business Bureau or such other organization as may be mutually agreed between the parties.
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