Release of Liability
Read Carefully - This Affects Your Legal Rights
In exchange for participation in the activity of Safari Travel organized by Enzuri Safaris, of 1408 Nacogdoches Trail, McKinney, Texas, 75071 and/or the use of the property, facilities and services of any travel service provider and/or lodging accommodation contracted by Enzuri Safaris, I understand, acknowledge and agree for myself and (if applicable) for the members of my family to the following:
Agreement to Follow Directions: I agree to observe and obey all posted rules and warnings, and further agree to follow any verbal instructions or directions given by any travel service provider and/or lodging accommodation contracted by Enzuri Safaris, or the employees, representatives or agents of Enzuri Safaris.
Assumption of the Risks and Release: I acknowledge and voluntarily assume the risks of illness, injury and death associated with these activities, inherent and otherwise, and whether or not described above, including those which may result from the negligent acts or omissions or other participants or staff. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Enzuri Safaris for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of any travel service provider and/or lodging accommodation contracted by Enzuri Safaris, whether caused by the fault of myself, my family, Enzuri Safaris or other third parties.
COVID-19 Risk and Release: I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while traveling. Such exposure or infection may result in personal injury, illness, permanent disability, and possible death. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with Enzuri Safaris.
Travel Insurance: I understand that should I elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the cancellation circumstances. By signing below, I hereby agree to hold Enzuri Safaris harmless and release the agency from any and all liability for any damages, including but not limited to monetary losses, I may incur as a result of such interruption or cancellation of these travel plans.
Indemnification: I agree to indemnify and defend Enzuri Safaris against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of any travel service provider and/or lodging accommodation contracted by Enzuri Safaris.
Fees: I agree to pay for all damages to the facilities of any travel service provider and/or lodging accommodation contracted by Enzuri Safaris caused by any neglect, reckless, or willful actions by me or my family.
Applicable Law: Any legal or equitable claim that may arise form participation in the above shall be resolved under Texas law.
No Duress: I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
Arm’s Length Agreement: This agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to ambiguity.
Enforceability: The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this Agreement.
Dispute Resolution: The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights or remedies afforded to them by the law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.