ASSUMPTION OF RISKS
I, _____________________________, acknowledge that I have voluntarily applied to participate in the trip designated on this application (or a trip which I may subsequently transfer to). I am voluntarily participating on the tour or expedition with knowledge that travel to the foreign countries and/or remote areas visited by this trip involves numerous risks and dangers including, but not limited to: the forces of nature; civil unrest; terrorism; roads, trails, hotels, vehicles, or other means of conveyance which are not operated or maintained at standards common in the United States; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; The hazards of walking on uneven terrain and slips and falls; being struck by rock fall, icefall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightning, weather changes and avalanche; the risks of falling off the rock, mountain or into a crevasse; the risks of exposure to insect bites; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; my own physical condition, and the physical exertion associated with this activity, or negligence (but not willful or fraudulent conduct) on the part of Peaks & Places Travel LLC., or others. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my voluntary participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE, AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, ILLNESS, INJURY, EMOTIONAL TRAUMA, OR DEATH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE: _______.
I acknowledge that the cost of all Peaks & Places, LLC trips is based upon Trip Participants executing this Release of Liability and Assumption of All Risks. Therefore, as lawful consideration for being permitted to participate on such trip(s), I hereby RELEASE AND DISCHARGE PEAKS & PLACES TRAVEL, LLC. AND IT’S AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR OR EXPEDITION. I agree that this release shall be legally binding upon myself, all minors under the age of 21 traveling with me, my heirs, successors, assigns, and legal representatives; it being my intention to fully assume all the risk of travel and to release Peaks & Places Travel, LLC, from any and all liabilities to the maximum extent permitted by law. I understand that all applications are subject to acceptance by Peaks & Places Travel, LLC, and upon acceptance shall be deemed to have been entered into and to be performed in Ridgway, Colorado. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the following conditions will apply: (a) the dispute will be submitted to a neutral third-party mediator in Ridgway, Colorado with both parties splitting equally the costs of such a mediator. If the dispute cannot be resolved through mediation then (b) the dispute shall be submitted for binding arbitration through the Seventh Judicial District in Montrose, Colorado; (c) the dispute will be governed by Colorado law; and (d) the maximum amount of recovery to which I will be entitled under any and all circumstances will be the land cost of my trip with Peaks & Places Travel, LLC.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read and fully understand the contents and legal ramifications of this agreement as well as all the conditions as stated under the heading “Terms and Conditions,” especially noting those regarding cancellation and refund policies, insurance, limitation of liability, and participant’s responsibility borne by trip participants. I understand this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Signature of Applicant_______________________________________Date______________
PARENT OR GUARDIAN OF A MINOR I certify that I am the parent or legal guardian of the below named minor and hereby give my permission for this minor to participate in the trip or expedition. I agree individually and on behalf of my child to the terms above.
Name of minor if applicable______________________________
Signature of Releasor___________________________________
Please mail this application with a $1000 non-refundable deposit per person, payable to Peaks & Places Travel, LLC.