Foreign Travel Participation Agreement
and Waiver of Liability
1. Acknowledgments
By booking, you agree that all payments are final and in the event that you can no longer attend, you are responsible for reselling your spot to someone else yourself. Travel insurance is REQUIRED on all Haitian nomad Trips.
Foreign travel contains risks which are different from, greater than and less predictable than those risks associated with domestic travel. Those risks can include, but are not limited to, unfamiliar or difficult terrain, extreme climate, unfamiliar and/or poorly processed food and drink, substandard or remote and not immediately available medical care, uncommon disease and illnesses, poor safety and sanitary practices, lack of adequate public infrastructure, political unrest, terrorism, and unconventional customs, practices and sexual mores.
2. Assumption of Risk
You agree that you are responsible for evaluating the risks that you may face while on the Trip and agree that any activities that you may take part in, whether as a component of the Trip or separate from it, will be considered to have been undertaken with your approval and understanding of any and all risks involved. This includes, without limitation, risks associated with the consumption of alcoholic beverages, use of illegal drugs in any form and injury or death from causes such as disease, unavailable or inadequate medical care, dangerous environmental conditions, traffic accidents, crime, assault and theft; and they have reviewed the Trip Disclosure Form and fully understand and assume the risks associated with the Trip, including those risks not identified in the Trip Disclosure statement.
3. Wavier of Liability, Release of All Claims and Covenant Not to Sue
By booking, on behalf of yourself, your minor charges, heirs, executors, successors and assigns, hereby REMISE, RELEASE AND FOREVER DISCHARGE the Released Parties
from:
• any and all claims arising out of or in any way relating to the Trip, including those claims arising in whole or in part out of the NEGLIGENCE of one or more of the Released Parties;
• any responsibility for any accident, illness, injury, death or any other damage or injury caused in whole or in part by the intentional misconduct or NEGLIGENT acts or omissions of any other participant on the Trip, or any other third-party.
By booking , you further RELEASE and agree that they will not sue the Released Parties for money damages, personal injury or property damage sustained by the Participant while on the Trip, even if due to the NEGLIGENCE of one or more of the Released Parties. Notwithstanding the foregoing, this Agreement does not release the Released Parties from any claims arising from their gross negligence and/or their intentional misconduct.
6. Indemnification and Hold Harmless
By booking, you agree to defend, indemnify and hold harmless the Released Parties from any and all claims, law suits or demands made
by anyone arising from or relating to your involvement with the Trip, including, but not limited to, claims alleging the NEGLIGENCE of one or more of the Released Parties.
7. Code of Conduct and Adherence to Standards
You understand and agree that:
• By participating in the Trip, you are subject to both
the rules and regulations of the Haitian Nomad LLC, any host, company, or organization that may be involved regarding conduct of the Trip and will be held accountable for violations thereof;
• You will be subject to the laws, rules and regulations of the country[ies] where you are traveling and that those laws may be substantially and materially different from those in the United States;
• Consumption of illegal drugs will not be tolerated. The laws of many foreign countries
state that possession or use of illegal drugs is punishable by fine, imprisonment and/or deportment; and
• You will obey all directives issued by Haitian Nomad LLC, the Trip Leaders,
any associated organizations.
8. Financial Obligations
You agree:
1) to pay any money owed to cover any costs and fees relating to the Trip
(for travel, accommodations, cultural visits and Haitian Nomad LLC fees) by the date
specified; and
2) To abide by Haitian Nomad LLC’s refund policies.
9. Program Participation and Modification
You understand and agrees that:
• Haitian Nomad LLC reserves the right to cancel or modify the Trip at any time for any reason including, but not limited to, emergencies, low enrollment, change in conditions and unavailability of facilities and/or personnel;
• Absent express permission from the Trip Leader, you will attend and
participate in all scheduled trip activities and will adhere to the Trip schedule as set by Haitian Nomad LLC; and
• Failure to do the foregoing may result in increased risk for all the
participants and Haitian Nomad LLC.
10. Termination of Participation
• You understand and agree that, while participating on the trip, you will not engage in inappropriate conduct, including but not limited to, the use of physical or verbal threats or violence, abuse of the customs or mores of the community, or unauthorized absences from scheduled Trip activities.
• You understand that, in its sole discretion, the School may terminate your involvement with the Trip at any time, including before departure or during the Trip. Reasons for termination may include, but are not limited to, inappropriate conduct or other behavior by you deemed detrimental to the best interests of the trip, emergencies, or health or safety conditions or considerations.
• You agree that, if your conduct should cause your removal from the Trip, the you will bear the costs of return transportation. Such termination shall not diminish or otherwise alter your obligation to make any payment required for the trip, and Haitian Nomad LLC shall not be required to issue any refund.
11. Activities Outside the Trip’s Itinerary
Should you choose to remain at the Trip location or elsewhere after the
Trip ends, or should you leave the Trip voluntarily or involuntarily, you will cease to be involved in the Trip and will be fully responsible for yourself thereafter.
12. Construction and Scope of Agreement
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This Agreement, with the attached Program Description and forms, is the entire and complete
agreement of the parties relating in any way to the subject matter hereof. This Agreement supersedes any earlier written or oral understandings or agreements between the parties.
13. Image Rights
Please be aware that by booking a Trip, using Haitian Nomad LLC services or by participating in any event, trip or hiring us, you grant Haitian Nomad LLC, its Event Sponsors, its Successors, Assigns and Licensees permission to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.