Travel Liability Waiver and Hold Harmless Agreement
The Point Retreats & Bounce Travels
Liability Waiver and Hold Harmless Agreement
Please read this carefully, sign it, and return to the address below. Completion of this form is required to participate in this travel adventure.
By participating in the travel adventure through Innovations in Resilience, LLC, d/b/a Bounce Travels (hereinafter “Bounce Travels”) and The Point, LLC (hereinafter “The Point”) you affirm that you and your trip companions fully understand and agree to the following Liability Waiver and Hold Harmless Agreement Terms and Conditions. This Liability Waiver and Hold Harmless Agreement (the “Agreement”) is entered into by and between The Point, LLC and Bounce Travels, and the person who has affixed his/her/their signature below (hereinafter “I” the “Participant”). I acknowledge, attest, agree and represent as follows:
- I am at least 18 years of age.
- I understand that my safety is my responsibility.
- I understand and agree that the loss, theft, or destruction of my belongings is my sole responsibility.
- I fully understand and accept, without limitation, sole responsibility for all of the risks associated with my participation while traveling, including injury and death whether through my own actions or those of other participants, travel guides, pedestrians, restaurant patrons, automobiles, public transportation, acts of nature or any other external parties.
- I understand and agree that the safety, wellbeing, and supervision of minors under the age of 18 accompanying myself or my party are my sole responsibility.
- I agree not to consume alcohol during the trip if I am under 21 years of age or do not have valid government issued identification in my possession during the trip.
- I understand that I will be consuming food and beverages on this trip and I accept sole responsibility for all risks associated with my participation including food sickness, allergic reaction, and death. I am free to choose which foods, if any, I consume.
- If while on the trip I begin to feel faint or nauseous, I will notify the trip guide and seek medical attention if necessary. I understand that my safety is my sole responsibility.
- The Participant acknowledges that Bounce Travels and The Point assume no duty or responsibility for the management or treatment of his/her/their medical issues or concerns, including the duty to make diagnoses. For diagnosis, management, and treatment, the Participant relies solely on his/her/their medical doctor(s).
- I understand and agree that the trip leader reserves the right to disqualify anyone at any time during the trip if he or she feels the trip participant is incapable and/or if a trip member’s continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances. Further, Bounce Travels and The Point bear no responsibility for coordinating or financing alternative travel expenses, should such a situation arise.- I agree that Bounce Travels and The Point are not liable for delays or cancellation resulting from acts of fire, natural disaster, strikes, civil disturbance or pandemic.
- Risks and dangers may arise from the Activities from foreseeable or unforeseeable causes, including but not limited to: human errors in judgment, health conditions, terrain, weather, water conditions, route locations, misuse of equipment, animals, and/or fire.
- With full knowledge of the inherent risks in the Activities, the Participant assumes all risk and responsibility surrounding his/her/their participation in the Activities.
- I agree to grant to Bounce Travels and The Point an irrevocable, sub-licensable, non-exclusive, perpetual, royalty-free right to use my photographic, video and digital likeness as well as any content submitted via website(s) or electronic mail, solely for our promotional and/or commercial purposes without further obligation or compensation.
- The Participant permits the use of any photos, films, or sketches of himself/herself/themselves taken during or related to the Activities for publicity, advertising, promotion or other commercial purpose. The Participant permits use of his/her/their email for correspondence from The Point and Bounce Travels.
- The Participant is financially responsible for any damage done to The Point, Bounce Travels or another entity’s equipment and/or property utilized by the participant throughout the duration of this event.
I waive liability and release Bounce Travels and The Point, its affiliates, owners, vendors, operators, agents and employees from any and all actions, suits, claims, controversies, damages, judgments and executions whatsoever, in law or in equity, direct or indirect, known or unknown, foreseeable or unforeseeable, which I may have or acquire, arising from, concerning or related to entry in, travel to or from and/or participation in Bounce Travels or The Point events.This Participant Waiver & Release of Liability and subsequent Terms & Conditions shall be construed in accordance with, and its validity and effect (including any claims for breach of any of the terms thereof) shall be governed by the laws of the State of Minnesota, and this Participant Waiver and Release of Liability and subsequent Terms and Conditions contains the entire understanding and the agreement of the parties hereto and supersedes all other written and oral exchanges, arrangements or negotiations among them, whether written or oral, concerning the subject matter hereof.
To the maximum extent permitted by law, the Participant shall release, hold harmless, and indemnify The Point and Bounce Travels and its owners, members, officers, directors, staff, guides, representatives, employees and agents, all owners of property on which the Activities take place, and all parties who provide goods or services in connection with the Activities, from and against all present or future claims, losses, expenses or liabilities in any jurisdiction for injuries to person or property which the Participant may suffer, or for which the Participant may be liable to any other person, related to his/her/their participation in the Activities resulting from the acts, omissions, or negligence of Bounce Travels and The Point or any other person or entity.
Any dispute related in any way to your use of company website or participation on a trip through The Point and Bounce Travels shall be submitted to confidential arbitration in Minneapolis, Minnesota and governed by the laws in the State of Minnesota. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Bounce Travels and The Point hereby expressly disclaims any liability for any personal injury, property damage, accident, delay or irregularity, and any claim for special or consequential damages, or any other loss which may be occasioned by the acts and/or omissions, whether negligent, intentional, wrongful or otherwise, of any entity or individual not under the direct supervision and control of Bounce Travels, The Point, Corey Martin, Christa Rymal, or any other agents or organizers of Bounce Travels.
Participants are required to follow company requested guidelines relating to COVID-19 while participating in the Retreat, including but not limited to vaccinations, virus testing, or wearing of masks. Participant assumes any risk of contracting COVID-19 or similar viral strains, illness, or disease (collectively “Viruses”) while participating in the Retreat. Participant releases The Point and Bounce Travels from any claims of liability or for damages relating to or resulting from Viruses. I acknowledge that there is an inherent risk of exposure to COVID-19 in any public place where people are present. By attending the Experience, I voluntarily assume all risks related to exposure to COVID-19.
COVID 19: Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), the Company is taking extra precautions with the care of every client to include health history review and enhanced sanitation/disinfecting procedures in compliance with CDC guidance. I warrant and represent that neither I nor any of my household members: currently have, or within the last 14 days have experienced, any of the symptoms listed above; have been diagnosed with COVID-19 within the past 30 days; to my knowledge have been exposed to anyone diagnosed with COVID-19 or with any of the above symptoms within the past 30 days; or have traveled outside of the country or to any location considered to be a “hot spot” for COVID-19 infections within the past 30-days.
*Symptoms of COVID-19 include Fever, Fatigue, Dry Cough or Difficulty Breathing
I have read and agree to all the above conditions.
The Participant has been advised of the Participant’s right to consult with an attorney of their choosing in regard to this general liability waiver and hold harmless agreement.
The Participant has carefully read and freely signed this Assumption of the Risk and Release of Liability Agreement.
No oral or written representations can or will modify the contents of this Agreement.
BY SIGNING THIS WAIVER AND RELEASE OF LIABILITY, I ACKNOWLEDGE THAT I HAVE READ THIS AND FULLY UNDERSTAND ITS TERMS, INCLUDING BEING ADVISED I SHOULD OBTAIN INDEPENDENT LEGAL ADVICE IF I HAVE QUESTIONS OR CONCERNS, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT,