Waiver and Release of Liability
By my signature below, I hereby assume all of the risks involved in participating in a tour (hereinafter the “Tour”) with New England Bird Tours, LLC, including but not limited to, 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 understand I may travel to remote areas that are inherently risky and perhaps far from medical care and out of cellular service range. I am prepared to, and by signing below agree to, assume the risks associated with this Tour including (but not limited to): forces of nature, terrorism, accidents, bird attacks, and risks related to transportation including land vehicles, boats, and aircraft. I assume the risks associated with illness, disease, physical exertion, and alcohol consumption, knowing that access to medical care may not be immediately available. By signing this Agreement, I agree to take full responsibility, at all times, for my own actions, safety and welfare. I understand I will be a member of a group and will conduct myself in a way that will not endanger the group or myself. I understand that if I falsely represent myself as fit for this trip, I may be removed prior to or during the trip at my own expense.
In consideration of permitting me to participate in the Tour, I hereby, for myself, my executors, administrators, heirs, successors and assigns:
(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 the Tour. THE FOLLOWING ENTITIES OR PERSONS: New England Bird Tours, LLC, David Hof, and/or its/his, employees, agents, representatives or volunteers.
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned hereinabove from any and all liabilities or claims made as a result of participation in the Tour, whether caused by negligence or otherwise.
It is my intention to fully assume all risk of travel and to release New England Bird Tours, LLC from all liabilities to the maximum extent permitted by law. I intend that this Agreement shall apply to all claims, regardless of whether founded, in whole or in part, on any negligent act or omission of any of the released parties. The accident waiver and release of liability release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This agreement shall be governed by Vermont law.
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 ON MY OWN FREE WILL.