In consideration of the travel services provided by JEK Travels, LLC (“JEK Travels"), including, but not limited to, arranging air, sea or land transportation, lodging and any pre-packaged, group or customized individual tours), I, __________ an adult traveler or parent or legal guardian of a traveler under the age of 18 (Minor), acknowledge and agree to the following terms and conditions to the maximum extent permitted by law on my own behalf and on behalf of any Minor for whom I am signing.
AGENT OF THE SUPPLIERS OF TRAVEL SERVICES
I acknowledge and understand that JEK Travels is acting as a mere agent for the supplier of travel services and conveyances advertised and/or sold by JEK Travels. Any and all suppliers of services and conveyances advertised and/or sold by JEK Travels are third party vendors and JEK Travels retains no ownership interest, management, or control of those third party vendors. I have been advised that the suppliers whose names appear in my itinerary and travel documents, including, but not limited to the airlines, rail and land transportation companies, hotels and other lodging providers, cruise lines rental car companies, tour operators, are those who are actually responsible for providing the travel services I have purchased. I consent to and request the use of those suppliers and agree not to hold JEK Travels responsible should any of these suppliers: 1) fail to provide the travel services I have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience. To the fullest extent permitted by law, JEK Travels does not assume liability for any injury, damage, death, loss, accident or delay due to an act or omission of any third parties (including third party vendors), governmental authority, or acts attributable to myself, including, without limitation, negligent or reckless acts.
I acknowledge that I am voluntarily engaging in travel activities with knowledge that they involve numerous risks and dangers including, but not limited to, the following: negligence by JEK Travels in making travel arrangements in any respect from inception to completion; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; forces of nature; civil unrest and war; terrorism; roads, trails, hotels and means of transportation which are not operated or maintained at standards common in the United States; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; transportation failures; equipment failures, social or labor unrest; stolen, lost or misplaced luggage or property; crime; diseases; epidemics; bites or stings from insects or pests; local laws; climactic conditions; abnormal conditions or developments; negligence by third-party service providers; financial default of any third-party suppliers; and any actions, omissions or conditions outside of JEK Travels’ control not mentioned herein.
I acknowledge that these are some, but not all, of the inherent and acquired risks associated with engaging in travel and tour activities. A complete listing of inherent and acquired risks is not possible. I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of the Minor, I have discussed the travel risks with the Minor, and he or she wishes to engage in travel nevertheless.
JEK Travels strongly recommends purchasing trip cancellation and travel accident insurance. However, no representation or description of the insurance made by JEK Travels constitutes a binding assurance or promise about the insurance.
JEK Travels has no special knowledge concerning unsafe conditions, political unrest, dangers to health, weather hazards, natural disasters, climate extremes in the destinations I may travel or the financial condition of the Suppliers. To obtain information on unsafe country conditions, we advise contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or visit their website at www.travel.state.gov. JEK Travels highly recommends registering with the State Department's Smart Traveler Enrollment Program (STEP) to receive travel alerts and warnings that may issue in the future. STEP enrollment enables the local U.S. consulate to better assist American citizens traveling overseas in case a personal emergency arises during overseas travel. To obtain health and medical information related to travel destinations, we advise contacting the Centers for Disease Control at (877) FYI-TRIP or visit their website at www.cdc.gov/travel. I assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of my destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
WAIVER OF LIABILITY, RELEASE, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, and excepting only such claims which arise directly from JEK Travels' gross negligence or willful misconduct, I, an adult traveler, or as parent or legal guardian of the Minor, on behalf of myself, the Minor, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE JEK Travels, its owners, shareholders, officers, employees, directors, representatives, volunteers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of which I or the Minor now have or may later have against the Released Parties arising out of or relating to the travel services arranged through or provided by JEK Travels; it being agreed and understood that the Releasors' release of the Released Parties shall include liability arising from or related to the Released Parties' acts and omissions of ordinary but not gross negligence.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A RELEASE AND EXPRESS ASSUMPTION OF RISK for: myself, any Minor traveling with me and on whose behalf I am signing this Agreement, my heirs, next of kin, successors, assigns, and legal and personal representatives. To the maximum extent permitted by law, it is my intention to FULLY ASSUME ALL RISK, HAZARDS AND DANGERS associated with this trip and to RELEASE, DISCHARGE AND HOLD THE RELEASED PARTIES HARMLESS from any and all present and future claims, complaints, demands, actions, suits and liabilities.
CHOICE OF LAW, FORUM, AND SEVERABILITY
This Agreement will be interpreted according to the laws of the State of West Virginia in the United States. I agree to make good faith attempts to resolve any disputes that may arise from this agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in the State of West Virginia. If the good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed exclusively in federal or state court in Berkeley County, West Virginia I agree to personal jurisdiction in the specified forum. In the event any action or proceeding is initiated by me in a court outside of Berkeley County, West Virginia, I agree to pay JEK Travels' costs and reasonable attorney fees associated with defending such action or proceeding. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law.
KNOWING AND VOLUNTARY EXECUTION
By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I understand and acknowledge that if I (or the Minor) is hurt or is damaged during travel, I may be found by a court of law to have waived my right to maintain a lawsuit against JEK Travels on the basis of any claim from which I have released them herein. I further acknowledge that I have had an opportunity to ask any and all questions that I may have, and that JEK Travels has answered all questions to my satisfaction. I further agree that if, in the determination of a court, this Agreement is found to be invalid, unenforceable, or non-binding on the Minor, I will INDEMNIFY AND HOLD JEK TRAVELS HARMLESS from and against any action, suit, claim, loss, liability or damages asserted against JEK Travels, whether initiated by the Minor in his or her own right or by the Minor's other parent, guardian or personal representative.
By signing below, I also acknowledge that I have carefully read and fully understand and agree to the contents and legal consequences of JEK Travels’ Booking Terms and Conditions. My signature applies to all pages of this document.
Signature of Adult Traveler: _______________________________________ Date: _________________
Print name: ____________________________________________
If Traveler is a Minor under 18, a Parent or Guardian’s signature is required
By signing below, I represent and warrant that I am the parent or legal guardian of the Minor and have the full authority to bind the Minor to this agreement, that I am 18 years or older, and that all information that I have submitted with this agreement is truthful and accurate. I agree that I am signing on behalf of myself and my spouse, partner, co-guardian, or any other person who claims the participant as a Minor or is a guardian of the Minor (referred to both individually and collectively as “Parent”) and that I have the Parent’s authority to do so. I agree that this agreement is made on the Minor’s behalf and that all releases, waivers and promises made herein are binding on the Minor, me and any other Parent on whose behalf I am signing. My signature applies to all pages of this agreement.
Name of Minor Traveler: ________________________ Age of Minor Traveler:
Signature of Parent/Legal Guardian: _______________________________ Date: ________________
Print name of Parent/Legal Guardian: _________________________ Relationship to Minor:
City, State, Zip_________________________