RELEASE FROM LIABILITY, ASSUMPTION OF RISK AND ARBITRATION CLAUSE
This Agreement is important. It includes terms and conditions and releases CB Hospitality Services, LLC from liability. It must be signed by all participants.
CB Hospitality Services, LLC, its owners, directors, officers, employees and affiliates, (collectively “CB HOSPITALITY” or “Food.Stories.Travel.”) does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, CB HOSPITALITY is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, CB HOSPITALITY is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as swimming, hiking, bicycling, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of CB HOSPITALITY. In addition, I release CB HOSPITALITY from its own negligence and assume all risk thereof.
PHOTOGRAPHIC RELEASE. CB HOSPITALITY may take photographs or video of its trips and trip participants grant CB HOSPITALITY permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participant. CB HOSPITALITY reserves the right to change hotels, itineraries or other features of the trip if same is necessary or CB HOSPITALITY believes it will enhance the safety, comfort or enjoyment of the trip.
ASSUMPTION OF RISK. I am aware that travel such as that I am undertaking involves potentially hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of CB HOSPITALITY, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on the trip. In order to partake of the enjoyment and excitement of this trip I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of CB HOSPITALITY and agree to hold harmless and release CB HOSPITALITY from claims of third party negligence.
Travelers are responsible to choose the type of tour appropriate to their physical abilities and for being in sufficiently good health to participate in the trip. I certify that I have adequate insurance to cover any injury or damage I may suffer while participating. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity. Members are also responsible for reading all pre-departure information.
VOLUNTARY PARTICIPATION. I acknowledge that I have voluntarily applied to participate on the trip designated on this application (or a trip which I may change to) and that I have read the description of the trip as it appears in the current CB HOSPITALITY catalog and supplements or brochures relating to the trip, together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the hazards involved.
BINDING ARBITRATION. I agree that any dispute concerning, relating, or referring to this contract, the brochure, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration in Boston, Massachusetts, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Massachusetts law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
KNOWING AND VOLUNTARY EXECUTION. I have carefully read this Agreement, the Terms & Conditions and other literature regarding my trip, and fully understand their contents. I am aware that this is a release of liability and a contract between myself and CB HOSPITALITY and sign it of my own free will.
For a Minor
I, as an authorized parent or guardian of the below named minor, hereby give my permission for my child or ward to participate in the trip and further agree, individually and on behalf of my child or ward, to the terms of the above. In the event the minor is not accompanied by all legal guardians on this trip, I agree to carry with me a notarized document from each legal guardian, not on the trip, granting his or her approval for the minor to travel on this trip and to present said document(s) to any authority requesting such. In the event I am the sole guardian of the minor, I agree to carry documentation evidencing such and present to any authority when requested.