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We reserve the right to terminate without refund any participant at any time during a trip if the trip leader determines that such person is posing a significant risk or is a major disruption to other trip members. Artfullbird Tours is not obligated to reimburse a terminated participant for any additional costs incurred or for the cost of the trip. There are risks and dangers inherent in any trip or travel that are beyond the control of Artfullbird Tours. Although we will take all reasonable precautions in order to ensure your safety, participants agree to hold Artfullbird Tours harmless in event of unforeseen events including, but not limited to: accidents or injuries beyond our control. As you will see at the bottom of this page there is a Assumption Of Risks and also a Waiver Of Liability form that must be filled out and sent back to us. This will be included in your registration packet. We must receive signed forms as well as the registration form before the tour begins Health restrictions Restrictions on participation are a matter of common sense; we impose no absolute restrictions. If you have a health problem or any physical limitation that might hamper or restrict your full involvement in any aspect of the tour, or about which we should be aware for your safety (for example, walking difficulties, diabetes, asthma, angina, ect), please advise us in detail and in writing at the time you reserve space. We will provide any information that you or your doctor may need to judge your capacity to participate fully in the tour, and we may request a physician’s letter indicating that you are healthy enough to participate fully on the tour. We do not normally program strenuous physical exercise, but if it cannot be avoided. Participants should be able to complete walks of half a day, ride in any seat in tour vehicles, and abide by the schedule of the tour. We reserve the right to send home persons unable or unwilling to conduct themselves in a manner compatible with the satisfactory operation of the tour. Trip Cancellation All participants are strongly urged to obtain trip insurance to cover cancellations, delays, emergencies and unexpected illness. These are names some of insurance companys: travelinsured.com, accessamerica.com, aaa.com A cancellation fee of $50 will be charged, plus any expenses that we cannot recover, such as hotel deposits and rental transport, ect. A full refund will be issued if a trip is cancelled by Artfullbird Tours. Assumption Of Risks I ____________________ HEARBY ACKNOWLEDGE that I have voluntarily registered to participate on the – ____________________ Tour, starting ________________ as designated on Artfullbird Tours trip reservation form, and that I have read the description of the trip as it appears on the Artfullbird Tours web site, or in printed materials provided by Artfullbird Tours. I am aware that travel to remote areas, or foreign countries visited by this trip involves numerous risks and dangers including, but not limited to: the forces of nature; roads, trails, hotels, vehicles, boats, or other means of conveyance which are not operated nor maintained to standards common in the United States; civil unrest; terrorism; war; the hazards of traveling though mountainous terrain, at high elevations, or to undeveloped areas; travel by canoe, boat, train, plane, automobile, bus, or by other means of conveyance, or by foot; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention if provided; physical exertion to which I am unaccustomed, or for which I am not prepared; Consumption of alcoholic beverages; or additional factors known or unknown. Initial here __________ Initial here __________. Waiver Of Liability I ________________________ am voluntarily participating in these activities with knowledge of the dangers involved, and hereby agree to be responsible for my own welfare and assume any and all risks of delay, unanticipated events, illness, injury, emotional trauma, or death. As lawful consideration for being permitted to participate on such tours, I HEREBY RELEASE AND DISCHARGE ARTFULLBIRD TOURS, AND ITS EMPLOYEES, ASSOCIATES, CONTRACTORS, AND AGENTS FROM ALL ACTIONS, CLAIMS, OR DEMANDS FOR DAMAGES RESULTING FROM MY PARTICIPATION IN THE TOUR REFERENCED ABOVE. I agree this release will be legally binding upon myself, my heirs, successors, assigns and legal representatives; it is my intention to fully assume all the risk of travel and to release Artfullbird Tours, from all liabilities to the maximum extent permitted by law. I intend that this agreement shall apply to all claims, regardless of whether founded, in whole or in part, on any negligent act or omission of any of the released parties. I ________________________ agree the venue for resolving any controversy or claim arising out of or relating to this Agreement or the performance of it, including, without limitation, any claim relating to bodily injury, property damage or death, shall be Tucson, Arizona (Pima County), U.S.A. I agree any such controversy or claim will be governed by Arizona law. I agree to make a good faith effort to mediate any such controversy to claim (in the same venue) prior to initiating any litigation. I recognize that mediation is a necessary prerequisite to a lawsuit. The parties to the mediation will split the cost of the mediator. If they cannot efficiently agree upon the identity of the mediator, each will select a person skilled in mediation, at the party’s own expense, and those two individuals will select a neutral third party, who will act as the sole mediator. I recognize and agree that in the event of litigation arising out of or relating to this Agreement or my performance there under, the prevailing party will be entitled to recover its reasonably expended attorney’s fees and all other related expenses. I acknowledge that my agreements and promises regarding mediation and litigation do not waive or modify the releases stated above in this Agreement. In signing this release, I acknowledge that I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed. No oral representation, statements or inducements, apart from the foregoing written agreement, have been made. In signing this release, I acknowledge that I have read the Terms and Conditions on the Artfullbirds Tour web site, or having been supplied to the participant by Artfullbirds Tours, and understand and agree to such terms and conditions as they pertain to registration, deposits, payments, trip cancellation policy, and health requirements in order to participate on an Artfullbirds tour. I understand that if I falsely represent myself as fit to participate on this tour, I may be removed from the tour prior to, or during the tour at my own expense. Participant # 1 Signature _____________________________ Name Printed ___________________________________ Date ________/_________/___________ Participant # 2 Signature _____________________________ Name Printed ___________________________________ Date ________/_________/___________ |