Waiver for review only - this is not a signable document.
LIABILITY WAIVER, AND ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ CAREFULLY BEFORE SIGNING.
A parent/guardian must sign for Minors (under 18 years of age).
In consideration of the travel services provided by Katoway Ventures, LLC dba Dual Language Family ("Katoway Ventures"), 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 by the name detailed above, and/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 allowed 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 Katoway Ventures is acting as a mere agent for the supplier of travel services and conveyances advertised and/or sold by Katoway Ventures. Any and all suppliers of services and conveyances advertised and/or sold by Katoway Ventures are third party vendors and Katoway Ventures 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 Katoway Ventures 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, Katoway Ventures 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 Katoway Ventures in making travel arrangements; 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; insect bites or stings; drowning; exposure to sun; 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 Katoway Ventures’ 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.
INSURANCE, CREDIT CARD USE
Katoway Ventures strongly recommends purchasing trip cancellation and travel accident insurance. However, no representation or description of the insurance made by Katoway Ventures constitutes a binding assurance or promise about the insurance. Katoway Ventures also strongly recommends using a credit card to make a travel purchase because it is the only payment method that enables consumers to exercise their rights under the Fair Credit Billing Act in case purchased services are not received.
URGENT MEDICAL CARE
I am informed that in the event that the Minor requires urgent medical care while attending an activity, class or excursion organized by Katoway Ventures I will be notified as soon as possible to make decisions related to the Minor's care. However, in the event that I cannot be reached, I consent to any of the staff, employees, agents and representatives of Katoway Ventures administering or consenting to the administration of such emergency medical care to the Minor as such person deems appropriate in the circumstances, and hereby authorize medical treatment in case of emergency when I am not present.
Katoway Ventures 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. Katoway Ventures 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, 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 (the “Releasors”), expressly RELEASE, WAIVE, HOLD HARMLESS, COVENANT NOT TO SUE AND FOREVER DISCHARGE Katoway Ventures, its owners, shareholders, officers, employees, directors, representatives, volunteers, successors, independent contractors, affiliates, agents and assigns (the “Released Parties”) from and against any and all claims, causes of action, demands, costs, damages, losses or suits arising from the ordinary negligence of the Released Parties which I or the Minor now have or may later have against the Released Parties. I understand and acknowledge that the Releasors' release of the Released Parties, herein, excludes such forms of liability which results from the Released Parties' acts or omissions constituting gross negligence or wanton or willful misconduct. I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A RELEASE AND EXPRESS ASSUMPTION OF RISK for: myself and any Minor traveling with me. To the maximum extent permitted by law, it is my intention to FULLY ASSUME ALL RISK, HAZARDS AND DANGERS associated with this trip.
CHOICE OF LAW, FORUM, AND SEVERABILITY
This Agreement shall be interpreted according to the laws of the State of Texas. I agree to make good faith attempts to resolve any disputes that may arise between the parties first through one or more forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in the Texas. If the good faith efforts of alternative resolution fail, jurisdiction over the dispute shall be filed exclusively in federal or state court in Denton County, Texas. In the event any action or proceeding is initiated by me in a court outside of Denton County, Texas, I agree to pay Katoway Ventures' 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.
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, have completed all questions truthfully and to the best of my knowledge, 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 Katoway Ventures 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 Katoway Ventures has answered all questions to my satisfaction. My signature applies to all pages of this document. 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 KATOWAY VENTURES HARMLESS from and against any action, suit, claim, loss, liability or damages asserted against Katoway Ventures, 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 Katoway Ventures’ Booking Terms and Conditions.
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.
ADULT AND MINOR (CHILD) PHOTO RELEASE FORM
On my own behalf and as the parent or legal guardian of the registered child, I grant Katoway Ventures LLC dba Dual Language Family my permission to use the photographs taken during this event for any legal and appropriate use, including publicity, advertising, and web content. Furthermore, I understand that no royalty, fee or other compensation shall become payable to me by reason of such use.