LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC
Please read carefully before signing, this is a release of liability and waiver of legal rights for SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC.
In exchange for consideration, including being permitted to participate on this trip, the adequacy of which is acknowledged, the undersigned agrees as follows:
Voluntary Participation. I voluntarily apply to participate on a trip under the arrangements of SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC with the knowledge that this activity, including but not limited to travel to foreign countries and remote areas visited by this trip, involves inherent risks and dangers.
Inherent Risks. I acknowledge that participating in this trip and travel to foreign countries involves many risks, which may or may not be foreseen or reasonably foreseeable, and which may not normally be associated with travel in the US, including, but not limited to: (i) civil unrest, terrorism, diseases, search and/or seizure of property by customs or other governmental authorities, personal liability, risk of personal injury to me including disability or death, loss or damage to property belonging to me and others, and differing customs and legal requirements; (ii) accommodations, roads, trails, vehicles, boats, aircraft, or other means of conveyance that are not maintained or operated to standards common in the US; and (iii) accident or illness in remote regions without means of rapid evacuation or availability of medical supplies and facilities and the adequacy of medical attention once provided.
Assumption of Risk. I voluntarily assume all risks associated with this activity and acknowledge that SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. and its officers, directors, shareholders, owners, agents, and employees are not responsible for assuming, determining, minimizing or avoiding these risks for me.
Waiver, Release and Covenant not to Sue. I, MY HEIRS, PERSONAL OR LEGAL REPRESENTATIVES, AND FAMILY MEMBERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND RELEASE ALL CLAIMS AND COVENANT NOT TO SUE SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC., OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FOR ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY NATURE, WHETHER KNOWN OR UNKNOWN, ARISING FROM MY PARTICIPATION IN THE TRIP, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, ILLNESS, DEATH TO ME OR THOSE TRAVELING WITH ME, PROPERTY DAMAGE, NEGLIGENCE, BREACH OF CONTRACT OR WARRANTY, OR MONETARY LOSS, EXCEPT FOR ANY SUCH CLAIMS ARISING OUT OF THE INTENTIONAL OR WILLFUL MISCONDUCT OF SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC.
Indemnification. I agree to indemnify, defend and hold harmless SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. and its officers, directors, shareholders, owners, agents, and employees from and against any and all liability, cost, expense or damage of any kind and from any suits, claims or demands, including legal fees and expenses, arising out of my participation in this trip.
Liability Waiver of SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. Relating to Independent Travel Suppliers. SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC., among other things, promotes, and sells tour programs and trips consisting of certain travel services, including but not limited to surface transportation, excursions, and accommodations which SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. purchases or reserves from various suppliers on my behalf. I am aware, and I clearly understand, that the suppliers providing travel services for tour programs sold by SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. are independent contractors and are not agents or employees of SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. Nor does SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. act as an agent for any supplier or travel services. By utilizing the travel services of these independent suppliers, I HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, DEBTS, DEMANDS THAT I MAY HAVE FOR ANY INJURY, ILLNESS, COSTS, PROPERTY DAMAGE, PERSONAL LOSS, MONETARY LOSS, OR DEATH TO ME, OR THOSE TRAVELING WITH ME, IN CONNECTION WITH ANY ACCOMMODATIONS, TRANSPORTATION OR OTHER TRAVEL SERVICES OF THESE INDEPENDENT SUPPLIERS. FURTHERMORE, I AGREE THAT NEITHER I, NOR ANY OF MY HEIRS, PERSONAL OR LEGAL REPRESENTATIVES, NOR FAMILY MEMBERS WILL BRING SUIT AGAINST SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, AS A RESULT OF ANY ACTS OR OMISSIONS BY INDEPENDENT CONTRACTORS INVOLVED WITH THIS TRIP. I understand that SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. is not responsible for any acts and/or omissions of such suppliers or of any providers of transportation, housing, or any other services, and their respective employees, agents, servants or representatives including, without limitation, their failure to deliver or their partial or inadequate delivery of services. All coupons, receipts and tickets are issued subject to the terms and conditions specified by the suppliers, and/or carriers. Some suppliers may require additional signatures on their own release.
This waiver specifically includes giving up any right I may have to sue SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. for negligence for services rendered by the actual providers of services.
Medical proxy: I hereby provide a medial proxy, which is an authorization by the tour participant or their legal guardian that gives permission to SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. and/or the tour operator to call for medical care, hospitalize me and secure emergency treatment for me and I agree to pay all costs associated with such medical care and transportation. I understand that SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. will have no liability regarding the adequacy of any evacuation plan, medical care, equipment or supplies that may or may not be provided and I agree to accept any and all risks of delay, unanticipated events, illness, injury, emotional trauma and death.
COVID-19: I understand that COVID-19 is a global pandemic and that is my responsibility to be fully vaccinated for this trip. I also acknowledge the risks that COVID-19 brings to international travel, and SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. bears no responsibility for any treatment or consequences I may face for contracting COVID-19 during this trip.
Legal Terms: This Agreement and all claims relating to or arising out of this Agreement, whether in contract, tort or otherwise, shall be solely governed and exclusively construed in accordance with the laws of Wisconsin, excluding that State’s choice-of-law principles. Moreover, any dispute arising under or in connection with this Agreement shall be decided solely and exclusively by State or Federal courts located in Madison, Wisconsin. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney's fees. I agree to waive any right to a jury trial. In the event that an arbitrator or court of law declares any term or terms of these documents invalid, such declaration shall not affect the remainder of the terms of the agreement which shall be valid and enforceable.
If I am signing on behalf of a minor, I agree to release, hold harmless and indemnify SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. for any claims of the minor and any claims I have on behalf of the minor. (If applicant is under 18 years of age, a parent or legal guardian must sign for the minor).
__Not Applicable
Knowing and voluntary execution: I understand this is a legally binding document and enforceable contract, and sign it of my own free will. My signature below certifies that I have carefully read and fully understand the contents of this agreement, especially those regarding the release of liability of SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC. and my waiver of legal rights. Upon the advance of a deposit to SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC., the depositor and his or her family agrees to be bound by the above release and the attached booking terms and conditions. I further understand that I will not be permitted on any trip if I fail to execute this agreement at least 60 days prior to departure.
SOUL2SOUL, LLC AND NOBLEKNIGHTSOUL, LLC.
Liability Release and Assumption of Risk Agreement