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This is a legal and binding agreement which, when signed, will limit your ability to recover from the parties indicated below for damages or losses you may sustain as a result of transportation, excursions or other travel-related activities.
References to I Tour India includes I Tour India, LLC, acting by and through its owners, agents, officer and employees. References to “I” includes the undersigned participant, his/her heirs, successors, legal representatives and assigns. Terms not defined herein shall have the meaning ascribed to them in the Booking Agreement of which this agreement forms a part.
INSTRUCTIONS: Each person above the age of 18 must initial and execute a Liability Release and Assumption of the Risk Agreement for himself or herself. A parent or legal guardian must initial and execute a Liability Release and Assumption of the Risk Agreement on behalf of each minor child on whose behalf the Booking Agreement is being executed. If extra forms are required, please make a photocopy of this form or request extra forms from I Tour India. ALL SIGNATURES MUST BE NOTARIZED.
PARTICIPATION AGREEMENT
I am aware that there are certain risks inherent in international travel, therefore I ______________________ (Print Name) freely choose to participate in the Services. I fully understand that I Tour India in no way represents, is not an agent of and has no responsibility for, any third party, including without limitation any sponsor, that may provide any services including food, lodging, travel or any services associated with Services. I agree to inform myself about the potential dangers of the areas I am traveling to and precautions which should be taken, including reviewing the State Department Consular Travel Information at http://www.travel.state.gov and the Centers for Disease Control Travelers Information at http://www.cdc.gov/travel/ for health and immunization information, and any information that may be provided to me by I Tour India. I have advised I Tour India that there are no health or psychological conditions that preclude my participation in the Services. I agree to make personal decisions and conduct my private life in an intelligent, prudent fashion, paying particular attention to local conditions. I agree to assume responsibility for the consequences of my own decisions and actions. I understand that should I have or develop legal problems with any U.S., foreign nationals or government or other person/entity, I will attend to the matter personally with my own personal funds. I understand that I Tour India is not responsible for providing any assistance under such circumstances and I Tour India will not act as my legal representative if I am detained. I agree that participating in any activity is an acceptance of risk of possible injury or death and property loss or damage on my part. I agree that my safety is primarily dependent upon my taking proper care of myself. I understand that it is my responsibility to know what I will need for the Services and to provide what I will need. I agree to make sure that I know how to safely participate in any activities, and I agree to observe any rules and practices which may be employed to minimize the risk of harm.
I am also aware that, as a guest in a foreign country, there is certain behavior that is unacceptable and could lead to possible disruption of my participation in the Services. I assure I Tour India that I shall act in an appropriate manner at all times. Such behavior shall include times when in the company of other participants on the tour and when I may be physically separated from the participants on the tour.
INFORMED CONSENT AGREEMENT
I understand that despite precautions taken, accidents and injuries may still occur. I also understand that travel and other activities undertaken during the Services may be potentially dangerous and that I may be injured and/or lose or damage personal property as a result of my participation. Therefore, I ASSUME ALL RISKS RELATED TO THE ACTIVITIES including but not limited to:
- Death, injury or illness from accidents of any nature whatsoever, including but not limited to, bodily injury of any nature whether severe or not which may occur as a result of participating in an activity or contact physical surroundings or other persons; arising from travel by air, car, boat, bus, train or any other means.
- Death, injury or illness including food poisoning arising from the provision of food or beverage by restaurants or other service providers.
- Loss or injury as a result of a crime or criminal act, terrorism, civil unrest, riot, detention by a foreign government, arrest or other act of any government or authority.
- Theft of or loss of my personal property while in transit or during the Services.
- Natural disaster, weather, strikes, hostilities or other disturbances, and alteration or cancellation of the Services due to such causes.
I acknowledge and agree to accept all responsibility for loss or additional expenses due to delays or other changes in the means of transportation, other services, sickness or injury, weather, strikes, or other unforeseen causes. I acknowledge and understand that I Tour India assumes no liability whatsoever for any loss, damage, destruction, theft or the like to my luggage or personal belongings, and that I have retained adequate insurance or have sufficient funds to replace such belongings and will hold I Tour India harmless therefrom.
I also acknowledge and understand that in the event I become detached from the tour group, fail to meet a departure bus, airplane, or train or become sick or injured, I will bear all responsibility to contact and reach the tour group at its next available destination, and that I shall bear all cost attendant to contact and reach the tour group at its next available destination.
I further acknowledge that the aforementioned is not inclusive of all possible risks associated with the Services and in no way limits the extent or reach of this release and covenant not to sue. I further understand that participating in the Services is an acceptance of risk of possible injury or death and property loss or damage.
MEDICAL CONSENT AND LIABILITY RELEASE
I understand and agree that I Tour India does not have medical personnel available at the location of the Services, during transportation or anywhere in a foreign country. I hereby grant permission for emergency medical service to be rendered as deemed necessary. I do hereby voluntarily consent and authorize I Tour India, in the event of an accident, illness or injury to take whatever measures and actions considered necessary and warranted under the circumstances to protect, safeguard and minimize further injury to my health and safety. I understand that such actions may involve or require placement in a hospital or another medical facility for services and treatment and transportation by any means to said medical facilities. For these expenses I accept total responsibility.
I hereby further declare, represent and agree, that in the event that I Tour India has to exercise the above voluntarily given medical authorization and consent, that I hold harmless, release and discharge I Tour India from any and all liability, damages, claims and demands whatsoever, including attorneys fees and court cost, which I or any heir or assigned will make.
I am aware of my personal needs and hereby assure I Tour India that I have consulted with a medical doctor, as I may have deemed necessary, with regard to any personal needs. Further, I am aware that I Tour India cannot be responsible for attending to any medication needs of the undersigned.
I TOUR INDIA’S RIGHTS AND POWERS
I Tour India reserves the right and power to cancel without penalty the offering and conduct of the Services and to withdraw any part of the Services and to make any alterations, deletions, or modifications in the itinerary and /or the Services as deemed necessary by I Tour India.
RELEASE FROM LIABILITY, INDEMNIFICATION AGREEMENT AND COVENANT NOT TO SUE
Knowing the dangers and risks of such activities, and in consideration of being permitted to participate in the Services, I agree, to the fullest extent permitted by law, to RELEASE and on behalf of myself, my spouse, heirs, representatives, executors, administrators, successors and assigns, HEREBY DO RELEASE I Tour India from any cause of action, claims or demands of any nature whatsoever, including, but not limited to, a claim of negligence which I or my spouse, heirs, representatives, executors, administrators, successors and assigns may now have, or have in the future against I Tour India on the account of personal injury, bodily injury, property damage, death, accident or loss of any kind, arising out of or in any way related to my participation in the Services and/or the use of facilities, equipment or service in association with the Services howsoever the injury or loss is caused, whether by the negligence of I Tour India or otherwise.
Knowing the dangers and risks of such activities, and in consideration of being permitted to participate in the Services, I COVENANT NOT TO SUE and agree to INDEMNIFY AND HOLD HARMLESS I Tour India from any and all causes of action, claims, demands, losses or costs of any nature whatsoever arising out of or in any way relating to my participation in the Services and my use of facilities, equipment, or services in connection with the Services.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the Services and the use of facilities, equipment or services in association with the Services, and that I am voluntarily assuming all risks, whether known or unknown.
I understand that I will be solely responsible for any loss or damage, including death, which I sustain or cause, whether in whole or in part, while participating in the Services and my use of facilities, equipment or services in association with the Services, and that by this agreement I am relieving I Tour India of any and all liability for such loss, damage or injury.
My signature indicates that I have read, understood, and freely signed this agreement. I further certify that I am at least eighteen (18) years of age and that I am otherwise legally competent to sign this agreement.
I further understand that the terms of this agreement are legally binding and I certify that I am signing this agreement after having carefully read and understood the same, of my own free will and fully intending to be legally bound by the same. This agreement is made in full, adequate and complete consideration of my participation in the Services.
This agreement shall be construed and enforced in accordance with the laws of the State of Florida, and I consent to the jurisdiction of said state. I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted under the laws of the State of Florida, that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
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