Release of Liability and Assumption of All Risks
Luxury Ladies LLC
Cancun Mexico
July 7-13, 2022
Trip leader: Kendra Last
www.luxuryladiesretreats.com
PLEASE READ CAREFULLY: THIS IS A LEGALLY ENFORCEABLE WAIVER OF RIGHTS
ASSUMPTION OF RISKS
I _____________________________________, acknowledge that I have voluntarily applied to participate on the trip designated on this application. I am voluntarily participating on the tour or expedition with knowledge that travel to foreign countries and/or the remote areas visited by this trip involves numerous risks and dangers including, but not limited to, a risk of illness, injury or death, which may be caused by: forces of nature, civil unrest, terrorism, road conditions, injuries inflicted by animals, insects, reptiles or plants, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in the United States; high altitude accident, accident or illness without access to means of rapid evacuation or the availability of medical supplies; the lack of adequacy of medical attention once provided, and negligence on the part of Luxury Ladies LLC, Kendra Last, their affiliated organizations and their employees, teachers, volunteers or other agencies. I acknowledge that the enjoyment and excitement of foreign travel/adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks and the corresponding enjoyment and excitement contribute to the reason for my voluntary participation on this trip.
I HEREBY ACCEPT ANY AND ALL RISKS OF ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE: _____________.
ASSUMPTION OF RISKS-COVID 19
I _____________________________________, acknowledge that I have voluntarily applied to participate on the trip designated on this application. I understand that Covid-19 is a health risk and I may contract Covid-19 while traveling for this retreat. I take sole responsibility for my health and wellbeing while traveling and understand that if I test positive prior to departure from the retreat my home country may deny my re-entry, thus forcing me to expend my trip and incur additional costs. I affirm that I take full responsibility for any and all costs associated with such consequences, including but not limited to: hotel stay, hospital or medical fees, additional Covid-19 tests, transportation to the airport, and medication. I understand it is my responsibility to understand my home country’s legal requirements for reentry after travel abroad and have taken time to speak to my own legal counsel prior to signing this if I have any questions about such requirements. I understand that exact re-entry requirements may change at any moment, even after my signature of this form, and I take full responsibility to know and follow all changes, and hold Luxury Ladies LLS, Kendra Last, their affiliated organizations and their employees, teachers, volunteers or other agencies harmless from any and all costs and health consequences due to the Covid-19 Pandemic. My signature below remains in effect in the event reentry requirements change after the date of my signature. I willingly agree to travel, and understand the risks of Covid-19. I understand Luxury Ladies LLC recommends I talk to my doctor about receiving the Covid-19 vaccination prior to travel, and hold my right to decide if I receive the vaccine or not, and hold Luxury Ladies LLC harmless from my decision to either receive the vaccine or not. I further affirm I will abide by any and all mask mandates and social distancing requirements that may be required at the resort or elsewhere while traveling.
I HEREBY ACCEPT ANY AND ALL RISKS OF ILLNESS, INJURY, ADDITIONAL STAY AND/OR COSTS, EMOTIONAL TRAUMA OR DEATH DUE IN PART OR WHOLE TO COVID 19 AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE: _____________.
RELEASE
AS LAWFUL CONSIDERATION for being permitted by Luxury Ladies LLC, Kendra Last, to participate on such trips and activities, I hereby agree that I, my heirs, legal representatives or any member of my family will not make a claim against or sue Luxury Ladies LLC, Kendra Last, or any of their affiliated agents, employees, teachers or volunteers, for bodily injury, death, emotional trauma or property damage resulting from my participation in the tour or expedition.
I therefore release and discharge Luxury Ladies LLC, Kendra Last, and their agents, employees, teachers and volunteers from and against any and all liability arising from my participation in the tour or expedition even though that liability may arise out of negligence or carelessness on the part of Luxury Ladies LLC, Kendra Last, or their affiliate agents, employees, teachers or volunteers.
If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. Under no circumstances shall Luxury Ladies LLC be liable to any tour participant for more than the land cost of the trip applied for on this document. I waive any charge-back rights and, in the event of dispute, requests for a refund will be made using the procedures described under “Cancellation and Refunds” as stated in the Terms and Conditions for this trip. All applications are subject to acceptance by Luxury Ladies LLC. Upon acceptance of my application, this agreement shall be deemed to have been entered into at Lawrence, Kansas and shall be construed according to the laws of the State of Kansas. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the exclusive venue for any legal action shall be Lawrence, Kansas, USA.
I HEREBY ACCEPT THE ABOVE THREE PARAGRAPHS AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE: _____________.
TRAVEL INSURANCE
We recommend Trip Cancellation insurance or Trip Interruption insurance for this trip. Travel insurance is designed to reimburse you for non-refundable expenses in case of a trip cancellation as well as for other previsions such as: missed flight connections, medical expenses/emergency assistance coverage (if something happens to you personally), baggage & personal effects coverage (if they are lost or stolen), baggage delay (if your bags do not arrive with your flight and you have to buy clothing, and personal items) which could possibly be very costly. Please note that insurance policies vary tremendously and have various critical exclusions. We recommend you choose carefully based on your personal situation.
I HEREBY ACCEPT ANY AND ALL RISKS ASSOCIATED WITH MY REFUSAL TO PURCHASE THE INSURANCE SUGGESTED IN THE ABOVE PARAGRAPH BY PLACING MY INITIALS HERE: _____________.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read and fully understand the contents of this agreement as well as all the conditions as stated under the heading “Terms and Conditions” (see attached pages) including those conditions regarding responsibility borne by trip participants and conditions regarding cancellations and refunds. I am aware, that this is a release of liability and a legally binding and enforceable contract between myself and Luxury Ladies LLC and I sign it of my own free will.
I HEREBY ATTEST THAT I HAVE READ THE “TERMS AND CONDITIONS” PROVIDED SEPARATELY, AND HAVE HAD ALL MY QUESTIONS ANSWERED, IF ANY, PRIOR TO MY SIGNING OF THIS AGREEMENT, BY PLACING MY INITIALS HERE: _____________.
EXECUTED THIS ______________________DAY OF________________20___
SIGNATURE______________________________________________________
PRINT NAME AS SIGNED_________________________________________________________
Authorization and Release for use of Photographics Images and Video
I hereby grant to Luxury Ladies LLC and its agents, officials, representatives, or assigned agencies, including officers, employees, or related personnel both individually and collectively (the “Released Party”) the absolute and irrevocable right and unrestricted permission in respect of photographic portraits, videos or pictures that the Released Party had taken of me (the “Photographic Images”), whether individually or together with one another and/or other individuals and the content of any verbal or written statements made by me and used in connection with such Photographic Images, in the name of the Released Party or otherwise.
I further grant to Luxury Ladies LLC the absolute and irrevocable right to use, re-use, publish and re-publish the Photographic Images in whole or in part, individually or in conjunction with other photographic images, and in art, editorials, advertising and trade, or any other purpose whatsoever including, without limitation, the promotion of any websites or brands owned or operated by the Released Party without restriction as to alteration; by any medium or channel including but not limited to television, radio, newspaper or other periodical, Internet, or any other means whether electronic or otherwise; and to use my name, location, profession, and/or any other identifying or potentially identifying information in connection therewith if the Released Party so chooses.
I hereby release and discharge the Released Party from any and all claims and demands arising out of or in connection with the use of the Photographic Images, including without limitation any and all claims for libel, invasion of privacy, or false light, and from any and all liability for damages of whatever kind, which may, at any time, result to me, my heirs, legal representatives, and assigns because of compliance with this Authorization and Release.
This Authorization and Release shall also insure to the benefit of the heirs, legal representatives, licensees, and assigns of the Photographer, as well as the persons for whom s/he took the Photographic Images.
I have read the foregoing and fully understand the contents thereof. This Authorization and Release shall be binding upon me, my heirs, legal representatives, and assigns.
Date:
Name:
In photographs and/or video (check one):
Show my first name only
Show my first and last name
Don’t show name
Phone Number: ___________
Address:
Email Address: _________________
Signature:
