RELEASE OF LIABILITY FORM
I, ________________________________________, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH OKTOBERFEST in MEXICO including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health- related reasons or problems which preclude my participation in this activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: PRISSI TRAVELS LLC and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that they are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity.
These risks are not only inherent to participants but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
COVID-19 – ASSUMPTION OF RISK AND COVENANT NOT TO SUE
Please know that we have always taken your health, safety, and comfort very seriously, and maintain a well- deserved reputation for providing a very high level of customer service and safety.
Presently, we are taking enhanced health and safety measures seriously as we prepare your upcoming travel plans. For your safety and that of others, please adhere to all posted rules, signage, and instructions during your stay with us on any property or resort booked by Prissi Travels.
Compliance with social distancing, hand washing and sanitizing, and similar instructions will be of primary importance.
Covid-19 (coronavirus) is highly contagious, potentially deadly, and may result in serious illness, injury, or death. There is an inherent risk of coronavirus/Covid-19 exposure anywhere people are, or have been, present.
The CDC has indicated that certain people may be at greater risk, namely the elderly and those with compromised immune systems and other underlying conditions. However, young and healthy people may also suffer severe illness, injury and death, and should therefore take precautions.
As a condition of utilizing all/any services suggested and/or booked by Prissi Travels,
you VOLUNTARILY AGREE TO FULLY ASSUME ALL RISKS related to Covid-19 exposure. You further AGREE that you SHALL NOT SUE OTHERWISE HOLD LIABLE Star Class Travel, resort, its owners, employees, agents, insurers, and any relevant tour operators, travel agencies, and travel agent for any Covid-19-related illness, injury, death, losses or damages of any kind of nature whatsoever.
This Assumption of Risk and Covenant Not to Sue applies to all travelers including but not limited to any minor children for whom an adult guest or visitor is a parent, guardian, or is otherwise responsible for. This Assumption of Risk and Covenant Not to Sue shall be LEGALLY BINDING. Should any guest or visitor bring a claim, suit or any other action in violation of this provision, the claim, suit or other action shall be DISMISSED WITH PREJUDICE (meaning permanently dismissed) and all costs of dismissal, including but
not limited to reasonable attorneys’ fees and court costs, shall be borne by the party who wrongfully brought the claim, suit or other action in violation of this Assumption of Risk and Covenant Not to Sue.
Please understand that, without this Assumption of Risk and Covenant Not to Sue, it would be nearly impossible for Prissi Travels to operate under the current circumstances. We don’t
like legal jargon any more than you do, and we look forward to the day (hopefully in the near future) when all of this goes away. In the meantime, we feel it is only fair that you are fully informed and allowed to make the best possible decisions for you and your loved ones.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
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Participant’s Name (Print)
Participant’s Signature
Date: _____________
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