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WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK DOCUMENT
GENERAL RIGHTS: My rights are based on the travel and passage contracts with each transportation company’s ticketing or documentation agreements that pertain to specific private and group tour travel. I understand and acknowledge that all travel and passage fares are quoted in good faith, and are subject to change without notice from All Star Travel Group, Inc. (ASTG) and may change due to unforeseen currency fluctuations or other unforeseen circumstances. I am acknowledging that I know ASTG only acts in an agency capacity to make travel arrangements on my behalf. I affirm that neither ASTG nor any of their agents, officers, directors, employees, successors, assigns and associates have any responsibility or liability from any failure on the part of any contractor, including transportation companies retained by ASTG in connection with this trip. I acknowledge that the only exceptions for reimbursement may be those for ground services contracted for, but not provided due to error , or omission on the part of ASTG, or any of their contractors. I acknowledge that I have been informed and encouraged to purchase travel insurance.
SUPPLIMENTAL PRICE INCREASES: As a valued ASTG client, I have been advised of the U.S. Department of Transportation rules governing the sale of airline tickets, cruise package with an air component, and tour packages with an air component. I acknowledge that I understand the airline tickets, cruise package with an air component, and tour packages with an air component fully. I acknowledge that this purchase, or deposit is subject to supplemental price increases that may be imposed by the supplier as well as the government after I have completed my purchase. Additionally, I acknowledge and understand that ASTG may pass along these increases to me to offset increased taxes, fees, fuel surcharges and fluctuations in the foreign currency exchange rates. I consent for ASTG to pass along any such price increases to me and authorize my credit card or debit card to be charged and used to offset these items. I agree to waive, release and hold harmless ASTG from any and all claims, actions, lawsuits, and demands made by me that are in connection with these supplemental price increases, provided they are made in good faith and do not SUBSTANTIALLY or significantly adversely affect the overall content or quality of the private and, or group tour and travel package.
MEDICAL RISKS: I am aware that private and group tours that involve travel, whether in civilized or remote areas regardless of the transportation conveyance, and participation particularly in adventure activities that may be planned on this trip , such as but not limited to boating, parasailing, hot air ballooning, snorkeling, trekking, hiking, and animal viewing contain inherent risks. These risks include illness, such as but are not limited to Malaria, Tuberculosis, Measles, Mumps, Small Pox, Ebola, Yellow Fever or Tetanus, and injury that includes but not limited to those caused or contributed to by auto and , or boating accidents. These include the inadequacy and, or absence of safety devices, such as seat belts or flotation devices . Other injuries may include any and all connected with animals, including emotional trauma, which may arise from negligence, forces of nature, civil unrest, terrorism, or agencies known or unknown. I acknowledge that I recognize such risks may be present at any time before, during and after the trip that I am participating in with ASTG.
EVACUATIONS, AND INFRASTRUCTURE IN DEVELOPING NATIONS: I am aware that adequate medical services or facilities may not be readily available, or accessible during some or all of the time in which I am participating in the trip, and that evacuation, if necessary and if available, can be prolonged, difficult and expensive. I am also aware that in developing nations, such as many of those served by ASTG, the level of infrastructure development, sense of urgency, communication skills, attention to detail, quality standards, hygiene, political stability, cuisine, sanitation facilities, cleanliness, and business practices may be far inferior to those found in industrialized nations. I acknowledge and accept that private and group tour travel to developing nations may involve these and other elements of risk above and beyond those that would normally be encountered in industrialized nations.
TOUR LEADER DECISIONS: I am aware that private and group tour travel requires compromise to accommodate the varying personalities, wants, abilities and objectives of the tour and travel members. I understand and accept that my personal desires and preferences may not be accommodated, given other tour and travel members’ needs or wishes, and that my tour leader may be required, based on their experience to exercise their judgment and make a good faith decision concerning the management of the travel or tour. I understand and agree to abide by the tour leaders’ decisions. I agree to cooperate with ASTG and understand that due to the nature of the destinations of the private and group tour travel that long lead times are required to organize. I am aware that given the nature of the destinations the following situations can and might be expected to occur: changes in trip leader assignments; changes in the sequence or timing of the itinerary; and, or changes in the accommodations including transportation. I understand that due to the good faith decisions that may need to be made that ASTG cannot guarantee exact adherence to any exact itinerary or itineraries that I have been provided. I accept that if any previously mentioned situations arise either before or during my trip that ASTG may be required to make decisions addressing the changed circumstances that may not be possible to notify me of in advance.
CONSIDERATION: In consideration and as part payment for my participation in the trip’s activities, services and food arrangements made by ASTG for the trip I assume any and all risk of illness, injury, property damage, emotional trauma and death waiving, releasing and holding harmless ASTG, its agents, officers, directors, employees, successors and assigns (Released Party) from any and all actions, claims, lawsuits and demands by me that may arise in connection with my participation in the trip. I agree to indemnify and defend each Released Party from any and all claims, actions, lawsuits and demands including reasonable legal fees and costs by a third party arising in connection with my participation in the trip. I intend and do agree t hat this waiver and release is binding upon my heirs, legal representatives, successors, and assigns.
CREATIVE RELEASE AND JURISDICTION: I understand that ASTG reserves the right to take photographic and, or film records of me during my trip and hereby agree that ASTG may use any such photographic or film records for promotional and/ or commercial purposes. This Waiver, Release of Liability and Assumption of Risk shall be construed under and governed by the laws of the State of California including exclusive venue and jurisdiction over any dispute arising hereunder, shall be in the District Court of California in and for the County of Los Angeles. In the event that any action or proceeding is brought by either of us, the substantially prevailing party shall be entitled to reasonable at torneys’ fees and costs.