Release of Liability and Assumption of Risk
WITH
WORLDKIND, LLC
(A PENNSYLVANIA LIMITED LIABILITY COMPANY)
The individual named below (referred to as "I" or "me") desires to participate in [ACTIVITY] (the "Activity") provided by WorldKind, LLC, a Pennsylvania Limited Liability Company (the "Company") at [1711 Penn St., Harrisburg, PA 17102 / PLACE OF ACTIVITY]. In consideration of being permitted by the Company to engage in the Activity, the intangible value that I will gain by participating in the Activity, and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Release").
1. Given the current entry requirements of most of the countries to which WorldKind travels and the fact that we will be traveling in close proximity to one another as a group and want to keep each other as healthy as possible, at this time WorldKind is NOT able to accommodate unvaccinated clients on its trips. All tour participants must have received their second vaccination more than 14 days prior to their departure. By signing up for this tour, I agree that I have already been or will be fully vaccinated by 14 days prior to the departure of my tour.
2. I am aware and understand that the Activity is a potentially dangerous activity and could result in one or more of the following risks included, but not limited to: serious injury, disability, death, and property damage. I am also aware of the highly contagious nature of bacterial and viral diseases, including the 2019 novel coronavirus disease COVID-19 /[OTHER INFECTIOUS DISEASE(S)] (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease by engaging in the Activity, which may result in one or more of the following risks, including, but not limited to: serious illness, personal injury, disability, death, and property damage. I acknowledge that these risks may result from or be compounded or both by one or more of the following actions, omissions, negligence of Company employees and others, including negligent emergency response and rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease or other infectious diseases due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE OR BOTH.
3. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, affiliates, shareholders, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Pennsylvania law does not permit to be released by agreement.
4. I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity. If I am experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), or if I have a confirmed or suspected case of the Disease, or if I come in contact within 14 days of leaving for this trip with a person who has been confirmed to have or suspected of having the Disease, I will recuse myself from this trip and will alert WorldKind at once. I will accept the financial responsibility for the cancelation of my trip (Again, we strongly advise you to purchase “Cancel For Any Reason” Travel coverage to help with any financial losses). I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
5. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against the Company or any other Releasees in a final non-appealable judgment, arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
6. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment, any related medical transportation, and evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
7. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns.
BY SIGNING UP FOR THIS TOUR, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.