Liability and Indemnity
The Atlas Discovery Holiday Company Ltd
Acknowledgment and Assumption of Risks, Release of Liability and Indemnity Agreement
The Atlas Discovery Holiday Company Ltd organise holidays all over the world but mainly in Europe. In joining a holiday, I (and in the event that the participant is a minor, the parents or guardians) agree to the following terms of this Agreement.
I understand that international and remote travel includes certain inherent and other risks and dangers, all of which are too numerous to list, which include, but are not limited to, acts of God, terrorism, civil unrest, hazards of travel in difficult terrain, weather (including mudslides, rockslides, sandstorms and heavy rain) motor vehicles, animal, or other conveyance, exposure to disease, drowning, accidents, bites, and the negligent acts or omissions of The Atlas Discovery Holiday Company Ltd its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, all other participants in the Retreat and all other persons or entities acting in any capacity on The Atlas Discovery Holiday Company Ltd’s. I further acknowledge that the forces of nature, crime, civil unrest and personal injury or illness in remote areas without means of rapid evacuation or adequate medical care or supplies are risks which exist in adventure travel. These risks cannot be eliminated and I willingly assume these risks. I understand that any of these risks may result in bodily or emotional injury, death and/or damage to property, including lost luggage or other belongings, to myself or to third parties.
I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in this Retreat or my safety in this activity, or else I am willing to assume all risks that may be created, directly or indirectly, by any such condition. I hereby authorise The Atlas Discovery Holiday Company Ltd to arrange for any emergency medical treatment and hospitalisation as may be necessary for me because of participation in this retreat without my further consent. (Medical form with consent to be filled in with insurance details) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in a holiday.. I agree to bear the costs of such injury or damage myself and all related costs, such as evacuation, etc.
I have been strongly advised to obtain travel insurance which, under certain circumstances, insures against unforeseen travel issues and risks such as inability to participate in the holiday bankrupcies, cancellations, interruptions, delays, lost/stolen/damaged travel documents and personal property, medical expenses, evacuation and other emergency transportation.
I have been advised of the The Atlas Discovery Holiday Company Ltd cancellation policy:
As an independent company, The Atlas Discovery Holiday Company Ltd will refer participants to travel industry suppliers, outfitters and guides who are not employees or agents of The Atlas Discovery Holiday Company Ltd, including but not limited to suppliers of accommodations, meals, transportation (ground, water and air), recreational and leisure activities and entertainment or utilise Tour Companies for certain activities. The Atlas Discovery Holiday Company Ltd does not supervise the operations of these Companies and cannot be responsible for the services or goods provided, the operations of the Companies or the negligence of the Companies and The Atlas Discovery Holiday Company Ltd disclaims any responsibility or liability therefore. The Atlas Discovery Holiday Company Ltd makes no warranties, express or implied, with respect to any services provided by other Companies. It is the responsibility of these other Companies, and not of The Atlas Discovery Holiday Company Ltd to comply with applicable laws, to take adequate safety measures and to otherwise adequately supply goods and services.
Understanding the risks described in this document, I agree for myself, all of my family, including my spouse, minor children, and heirs and representatives to release The Atlas Discovery Holiday Company Ltd, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, all other participants in the Retreat, and all other persons or entities acting in any capacity on The Atlas Discovery Holiday Company Ltd behalf from any and all claims (INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF THE ATLAS DISCOVERY HOLIDAY COMPANY LTD), demands for loss, damages (including without limitation damages related to the inherent risks and other dangers discussed above), injuries (including without limitation sickness, bodily or emotional injury or death), damage to property (including without limitation lost luggage or other belongings) or any other causes of action relating in any way to my participation in the Retreat, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE The Atlas Discovery Holiday Company Ltd OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM THE ATLAS DISCOVERY HOLIDAY COMPANY LTD.
If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against The Atlas Discovery Holiday Company Ltd I agree to indemnify The Atlas Discovery Holiday Company Ltd and pay all damages, costs, fees, expenses and attorneys, fees incurred by The Atlas Discovery Holiday Company Ltd in defending such a lawsuit or such claims. In no event will The Atlas Discovery Holiday Company Ltd fees to a traveler be greater than the amount of the fees paid by the traveler to The Atlas Discovery Holiday Company Ltd for the holiday even if the amount of damages suffered by the traveler may be greater than this amount. Furthermore, in no event will The Atlas Discovery Holiday Company Ltd be liable for any indirect, special, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
With respect to any minor child listed below, I warrant that I am the parent or guardian of such child and that I have the authority to make decisions as to my child’s participation in recreational activities such as this tour. I HEREBY CONSENT TO MY CHILD PARTICIPATING IN THE RETREAT, AND I UNDERSTAND AND AGREE THAT ALL OF THE TERMS OF THIS AGREEMENT SHALL APPLY EQUALLY TO BOTH MYSELF AND MY CHILD.
This is the entire agreement of The Atlas Discovery Holiday Company Ltd and myself regarding liability for the Retreat, which supersedes all prior statements, representations or warranties, oral or written, express or implied.