Assumption of Risk, Waiver and Release of Claims Agreement
BY SIGNING THIS AGREEMENT, YOU ARE RELEASING ANY CLAIMS AND ARE GIVING-UP THE RIGHT TO SUE FOR ANY INJURY, ILLNESSES, OR DAMAGES RELATED TO YOUR TRAVEL PLANS AND ACTIVITIES WITH HAYNIE TRAVEL SERVICE INC. (“AGENCY”)
I am aware that the novel coronavirus, COVID-19, is a highly infectious, life-threatening disease declared by the World Health Organization to be a global pandemic. I am aware that COVID-19’s highly contagious nature means that contact with others, or contact with surfaces that have been exposed to the virus, can lead to infection. Additionally, I am aware that individuals who may have been infected with COVID-19 may be asymptomatic for a period of time, or may never become symptomatic at all.
- I understand that there is inherent risk of exposure to such viruses or disease when traveling and that such exposure may result in personal injury, illness, permanent disability, and death.
- I understand and acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk of injury, illness, permanent disability, and death for myself and any minors traveling with me.
- I understand and acknowledge that my travel arrangements may be interrupted or cancelled by associated travel organizations, governmental entities, or other third parties outside of the Agency’s control for reasons unforeseeable at this time, for which there may be no refund. I also understand I may become sick before or during my trip and may have to cancel travel plans which will be subject to the Agency’s or other third-party providers’ cancellation policies.
- I am aware of my home country’s and travel destination’s travel warnings, travel restrictions, and measures, and I understand that the Agency cannot be held responsible for any travel restrictions, cancellations, or measures put in place with respect to travel destinations I am traveling through, including any travel restrictions that may be implemented before or during my travels.
- I understand that the Agency highly encourages and recommends that I purchase travel insurance and that coverage will vary depending on the policy and provider I choose. I also understand that if I do not purchase any travel protection insurance, including “cancel for any reason” coverage, the Agency shall not be liable for any losses or damages I incur.
- I understand I am assuming all risks and hazards directly or indirectly from my travel plans and activities.
- I am waiving and releasing the Agency from all causes of action, claims, costs, damages, expenses, judgments, liabilities and losses, including claims of sickness, personal injury or death arising from my travel plans and activities provided by the Agency or arising from cancellation, modification or postponement of the travel plans or activities provided by the Agency (collectively “Claims”), even if such Claims arise from the negligence of the Agency, except for when such Claims are due to the willful or wanton misconduct of the Agency.
- I understand that this Agreement applies whether the Agency is at fault or not. This Agreement shall be binding on all respective heirs, devisees, personal representatives, successors and assigns of all parties to this Agreement. This Agreement shall be construed under, and governed by, the laws of the State of Indiana, and all parties hereto consent and agree to the exercise of jurisdiction over any matter arising in connection with this Agreement shall be in the Superior Court of Vanderburgh County, State of Indiana
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE THE AGENCY AND A RELEASE FOR ALL CLAIMS.
ACCEPTANCE OF TERMS AND CONDITIONS AGREEMENT
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