RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, AND AGREEMENT TO TERMS AND CONDITIONS
THIS IS A LEGALLY ENFORCEABLE WAIVER OF RIGHTS
In consideration for your acceptance as a participant in the tour arranged for you by Morocco Immersion LLC (referred to as “Morocco Immersion”, “Morocco Immersion Tours & Adventures”, “operator”, “we”, or “us”), and the services to be provided to you by Morocco Immersion, you acknowledge and agree as follows:
Travel Insurance, Terms & Conditions, and Emergencies
Morocco Immersion Tours & Adventures highly recommends that you obtain travel insurance that covers medical emergencies, evacuation, repatriation, along with trip cancellation and interruption. You acknowledge and agree to our Terms and Conditions, which include the cancellation policy stating that deposits are nonrefundable and that if a trip is cancelled more than 14 days before the in-country tour start date, any money paid after the deposit will be refunded and a credit will be issued in the amount of the deposit to be used toward a subsequent trip. For cancellations made 14 or less before the in-country start date, no refund of or credit for the deposit will be given; however, any final payments made will be refunded until 1 day prior to the tour start date. In the unlikely event of an emergency and you are unable to give consent or make your own arrangements because of injuries, you authorize Morocco Immersion Tours & Adventures to provide to you, or to make arrangements for, emergency medical services, emergency medical assistance, and related transportation. This consent in no way imposes a duty upon Morocco Immersion Tours & Adventures to provide or make any such arrangements. You acknowledge that Morocco Immersion Tours & Adventures assumes no liability for the costs or provision of any medical assistance, medical services and related transportation, including evacuation, in the event that such assistance is needed during or after the expedition. You agree to pay the costs for any such assistance, services and related transportation.
As an inbound tour company, Morocco Immersion Tours & Adventures organizes, promotes, and sells tour programs consisting of travel services, including but not limited to transportation, activities, excursions, and accommodations, all of which is arranged on your behalf. While we employ our own staff and coordinators, we also work with a number of independent suppliers (including but not limited to drivers who operate their own transport as required by local law, guides, hotels, and other providers) to offer a full range of travel services. We have exercised reasonable care in the research, selection, and development of relationships with our suppliers, who to our knowledge are reputable and competent. You agree that Morocco Immersion Tours & Adventures is not responsible for the willful or negligent acts of any such Independent Suppliers or any other third party.
Assumption of Risk
You acknowledge and agree that you have voluntarily applied to participate in the tour on which you are booked, which may involve outdoor, adventure, cultural activities, and traveling in remote areas depending on your itinerary and the activities in which you elect to participate. You understand and agree that there may be numerous risks and dangers involved, which include but are not limited to: accommodations, roads, trails, vehicles, boats, aircraft, or other means of conveyance which may not be maintained or operated to standards common in other Western countries; dangers and risks inherent in the outdoor, adventure, and cultural activities; emotional trauma; personal injury; disfigurement; temporary or permanent disability (including paralysis); death; acts of God and force majeure; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; civil disturbances, social or labor unrest, terrorist activities, and war; physical exertion for which you are not prepared; environmental conditions; transportation failures or the failure of any transportation mechanism to arrive or depart timely or safely, whether by plane, train, bike, boat, horseback or other animal, by foot, or by any other conveyance; equipment failures or deficiencies; wild animals and marine life; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; the adequacy of medical attention; consumption of alcoholic beverages; medical or dietary restrictions; mechanical or construction failures or difficulties; diseases, epidemics or the threat thereof; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; local laws; climactic conditions; abnormal conditions or developments; or any other actions, omissions, or conditions outside of Morocco Immersion Tours & Adventures’s control. You understand that Morocco Immersion Tours & Adventures will have no liability regarding the adequacy of any evacuation plan, medical care, transportation, equipment or supplies that may be provided.
You expressly agree to be responsible for your 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.
You understand that the World Health Organization has declared the novel coronavirus, also known as COVID-19 (“the novel coronavirus”) a pandemic and you understand that the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. You also understand that someone, e.g., another participant, a tour leader or guide, or other third party could have the novel coronavirus but not show symptoms. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. You agree and understand that Morocco Immersion Tours & Adventures cannot guarantee that you or any minor in your custody or care will not become infected with the novel coronavirus. Further, you acknowledge that participating in activities offered by Morocco Immersion or using any of its equipment or property may expose or infect you or any minor in your custody or case. Further you acknowledge that you understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in your trip, and you assume those risks.
Passports, Visas, and Vaccinations
Travelers should also research information regarding visas to enter Morocco (or other destination). Your passport must have at least six months of validity upon your in-country arrival date. Morocco Immersion Tours & Adventures will not be held liable or refund any monies for any reason if your entry is prolonged or denied into you destination country. You agree to assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination or other entry requirements for Morocco or other destination, as well as all safety or security conditions at the destination. For information concerning possible dangers at the destination, contact the government office in your country that is responsible for issuing travel advisories. For medical information, contact the responsible government agency in your country.
Waiver of Liability, Release, Indemnification, and Covenant Not to Sue
To the fullest extent permitted by law, you on behalf of yourself, your heirs, legal and personal representatives, next of kin, including your spouse, successors and assigns (collectively, “Releasors”) expressly RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Morocco Immersion Tours & Adventures, its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, officers, directors, volunteers, guides, successors and assigns (collectively, “Releasees”), from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which you now have or may later have against Releasees arising out of, relating to, or in connection with the travel services arranged through or provided by Morocco Immersion Tours & Adventures, whether arising from Releasees’ negligence or otherwise. You further agree that if any such cause of action is brought against Releasee(s) and you am found responsible for injury or damages to any person, including yourself, as a consequence of your own actions or inactions, you shall fully DEFEND, INDEMNIFY, AND HOLD HARMLESS Releasee(s) in that cause of action.
Choice of Legal Forum, Applicable Law, and Severability
In the unlikely event of any controversy or claim or interpretation thereof, you agree the following conditions will apply: 1) all disputes and matters arising out of, in connection with, relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed and resolved exclusively by binding arbitration in the state of Delaware, United States, under the American Arbitration Association Rules as modified by the terms of this Agreement; 2) any arbitration proceeding in the United States will be governed by Delaware substantive law; 3) any arbitration award shall be binding and judgment upon the arbitrator’s award may be entered or enforced in any court of competent jurisdiction; 4) the arbitration shall take place before a single arbitrator, selected pursuant to the applicable rules, and shall be conducted on an expedited basis and in strict confidence; and 5) this waiver and all documents associated with any claim may be officially translated, presented and binding in any official language necessary. You also agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. You agree that if any portion of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.