Explorer Release and Waiver Form
Last update: December 16, 2017
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT OR INJURY.
PLEASE READ CAREFULLY!
This Explorer Release and Waiver is made pursuant to the Yervana Terms of Service, last updated December 5, 2017 (“Terms of Service”), which govern the use of Yervana, including any content, functionality and services offered on or through www.yervana.com or any other website through which Yervana makes its services available (the “Website”), and to any mobile, tablet and other smart device applications, and application program interfaces (the “Application”) (collectively, the “Services”). All Adventures booked via the Services create an agreement between registered users seeking adventures (“Explorers”) and other registered users offering authentic adventures in the community (“Locals”). Locals can use the Services to publish experiences and excursions in their fields of expertise (“Adventures”). This Explorer Release and Waiver must be signed as a condition precedent to any Explorer participating in any Adventure offered through the Services. Any terms not defined herein have the meaning given to them in the Terms of Service .
Your access to and use of the Services and ability to participate in any Adventure is conditioned upon compliance with the Terms of Service and your understanding and agreement that Yervana Services Inc. (the “Company”) is merely a facilitator providing an online marketplace connecting users, and that the Company is not a participant in any relationship between users, Locals or Explorers, nor is it a party to any contractual relationship between a Local and an Explorer.
To participate in an Adventure, I understand that my host (Local) and the Company require me to accept this Explorer Release and Waiver, which is effective between me and my host (Local) and the Company as of the date when I first book or participate in an Adventure, whichever happens first.
I represent that I am 18 years of age or older. If I am bringing a minor as a Explorer I acknowledge and agree that I am solely responsible for the supervision of that minor through the duration of the Adventure and I have read the Explorer Release and Waiver and agree to it on the minor’s behalf. If I book an Adventure on behalf of other Explorers I ensure and I represent and warrant that each Explorer has read and agreed to this Explorer Release and Waiver and has signed it before participating in the Adventure and it therefore applies to each of them as if the reference to me was a reference to him or her.
2. TO PARTICIPATE IN AN ADVENTURE
CAREFULLY READ THIS EXPLORER RELEASE AND WAIVER INCLUDING THE ELIGIBILITY REQUIREMENTS AND WAIVER OF LIABILITY PROVISIONS. Complete and sign this document.
3. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS I acknowledge that participating in an Adventure involves many inherent risks, dangers and hazards including but not limited to: 1) serious personal injury, discomfort, illness, including sickness, physical injury, disability, permanent paralysis and possible loss of life; 2) injury caused by the negligence of other Explorers or registered users of the Services, including the Local and any other third party; and 3) risks of damage to or loss of personal property.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH OR ARISING FROM MY PARTICIPATION IN EACH ADVENTURE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE LOCAL, THE EXPLORER, THE COMPANY, OR OTHERS, OR FROM DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE ADVENTURE, OR OTHERWISE AND I ASSUME ALL AND FULL RESPONSIBILITY FOR PARTICIPATING IN THE ADVENTURE.
4. RELEASE AND WAIVER OF LIABILITY
I acknowledge and agree that I have reasonably assessed the risks involved in the Adventure and have made an informed and voluntary choice to participate; that I alone, and not my host (Local) or the Company, am responsible for determining my fitness for participating in the Adventure and I fully understand any and all directions and warnings presented to me; I will not participate in any Adventure when I have a physical, medical or mental limitation or disability or when I am aware or should reasonably be aware of any factors that may limit me or prevent me from participating safely in the Adventure; and that I will act reasonably and responsibly and will comply with any rules, instructions, conditions, directions or precautions provided to me in the circumstances and associated with the Adventure and if I notice a hazard or danger I will stop participating immediately.
As a condition of participation, I release and promise not to sue the Local, and/or the Company and its affiliated companies, vendors, advertising, promotion and public relations agencies, co-sponsoring companies and their affiliates and agencies, and all officers, directors, employees and agents of the aforesaid entities (collectively, the “Releasees”), for any and all claims, demands, causes of action, damage, loss (whether economic or non-economic), expenses, costs, or liability of any nature whatsoever that I have or may have in the future INCLUDING ANY CLAIMS ARISING FROM ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, BREACH OF OCCUPIERS LIABILITY LEGISLATION, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OR ANY OTHER DUTY ON THE PART OF THE RELEASEES INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ARISING FROM OR IN CONNECTION WITH MY PARTICIPATION IN THE ADVENTURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY or for any costs and other expenses, including attorneys’ fees, relating to, arising from or in connection, directly or indirectly, with my participation in the Adventure. In no event shall the Releasees be liable to me or my next of kin, or anyone acting on my behalf for acts or omissions arising out of or related to the Adventure or my participation in the Adventure. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREIN.
I intend this Explorer Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowable by law. I agree that if any portion of this Explorer Release and Waiver is held to be invalid, the balance shall continue in full force and effect.
I agree that if, despite this Explorer Release and Waiver, I or anyone on my behalf, makes a claim against any of the Releasees, relating to an Adventure, I will indemnify, defend and hold the Releasees harmless from any and all claims, demands, causes of action, damage, loss (whether economic or non-economic), expenses, costs, or liability of any nature whatsoever and for any costs and other expenses, including attorneys’ fees, relating to, arising from or in connection, directly or indirectly, with my participation in the Adventure.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCALS PROVIDE THE ADVENTURE “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING LOCALS EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED.
7. CERTIFICATION AND SIGNATURE
I certify that the information provided is correct and that I have carefully read, understand and accept the Explorer Release and Waiver. My signature indicates my understanding and assumption of the risks and my voluntary participation in the Adventure. I understand that by signing it I will WAIVE AND GIVE UP IMPORTANT LEGAL RIGHTS, including the right to sue. I have freely and voluntarily elected to assume all of these dangers and risks, to give up important legal rights as set out in this document, and to continue to participate in the Adventure and I thereby RELEASE, WAIVE AND FULLY DISCHARGE the Releasees from any and all claims and liabilities of any kind or nature as set out in this document. This Agreement will be binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
In case of an emergency, I do hereby authorize and consent to any medical treatment or care deemed advisable.
This waiver and release of liability will be construed broadly to provide a release and waiver to the maximum extent possible under the applicable law and if any portion of this Explorer Release and Waiver is held to be invalid by a court of law, then it is agreed and intended that all the remaining portions of this Explorer Release and Waiver shall continue in full force and effect. I expressly agree that this Explorer Release and Waiver shall be construed and enforced in accordance with the laws of British Columbia, Canada and I hereby submit to the exclusive jurisdiction of the Courts sitting in Vancouver, British Columbia, Canada.
I confirm that I am 18 years of age or older, that I have read this document thoroughly and that I agree to its terms.
My signature below indicates that I have read, understand and have freely signed this agreement and that by signing I will WAIVE AND GIVE UP IMPORTANT LEGAL RIGHTS. I understand that the Local, the Company and other Releasees are relying on MY FULL RELEASE AND WAIVER OF ALL CLAIMS when allowing me to participate in the Adventure. This form is necessary for me to participate in an Adventure.
I understand I will not be allowed to participate without this form.
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Document Name: Explorer Release and Waiver Form
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