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Anyone wanting to make a booking must complete our registration form and sign the Terms and Conditions and Liability Release and Assumption of Risks agreements. All bookings are made with ALJ, Inc. DBA Adventure Life which sells the travel services described in its brochure and website. As a U.S.-based company, we organize, promote and sell tour programs consisting of certain travel services that we purchase or reserve from various suppliers on our clients' behalf.
The person(s) included on the registration form are referred to as the "client" below. All clients are bound by this agreement. The terms and conditions set forth below constitute the entire understanding and agreement between you the trip "Participant" and ALJ, Inc. DBA Adventure Life, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, successors and assigns (collectively, "Adventure Life," "we," "our," or "us") with respect to any and all bookings or transactions made with Adventure Life. No person has any authority on Adventure Life's behalf to vary this agreement. The services to be provided are the travel services referred to in Adventure Life's brochure, website and discussed by you with its agents.
By submitting a signed reservation form, you acknowledge that you agree and accept all terms and conditions in this agreement and direct us to perform services on your behalf.
To make a booking, you must complete and sign our registration form and submit it to us along with a non- refundable deposit. If a booking is made after the specific due date for the particular tour or cruise in which you are interested, then the full trip amount is due at the time of booking. Acceptance of your booking must be confirmed in writing by us. There is no contract for services between you and Adventure Life without such written confirmation. The balance of the travel services is due according to the client's invoice, which will be 70 - 130 days before the departure date. Payment may be made in the form of check, money order, bank transfer or credit card. Note that a service fee may be assessed to all credit card final payments. If this balance is not paid by the specified due date, Adventure Life reserves the right to treat the client's booking as cancelled by the client and impose the cancellation fees below.
CREDIT/DEBIT CARD CHARGEBACK POLICY: If you are not happy with our services for any reason, you agree not to file a chargeback with your credit card or debit card before you have given us an opportunity to address the matter. Your satisfaction is very important to us and we strive to stand behind our products and services. We will work to address any issue that you might have. By signing this agreement or booking a trip with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy.
Adventure Life reserves the right to cancel a tour for any reason. We will not cancel a tour less than 8 weeks before departure except in the case of Force Majeure, consolidation of tours, or the client's failure to pay the final balance. If a tour is cancelled due to consolidation or Force Majeure you may choose a) a full refund of all payments made less any nonrefundable deposits and cancellation fees; or b) an alternative tour offered by Adventure Life. If the alternative tour chosen by you is of lesser or greater value than the tour originally booked then you will be entitled to a refund of the price difference or be required to pay the price difference, however the case may be. Consolidation refers to the fact that each tour is dependent upon a minimum number of persons participating. If a tour is not booked by the minimum number of persons, we may consolidate the tour with another one of our trips.
If you wish to cancel your travel services, you must submit your request to us in writing by email or postal mail. The date that Adventure Life receives the written cancellation determines the cancellation charge applicable.
| Cancellation Fees for Land-Based Tours Per Person/ Per Trip | |
|---|---|
| Prior to Departure | Fee |
| 70 days or more | Deposit |
| 30-69 days | 50% of total tour cost |
| 0-29 days | 100% of total tour cost |
The cancellation schedule set forth in this paragraph does not apply to Galapagos and worldwide cruises and some land-based tours. Those tours are governed by a different cancellation schedule, which is outlined on the invoice for those tours.
THERE ARE NO EXCEPTIONS to this cancellation policy, including for reasons related to fear of travel, your decision to not travel because of governmental/travel warnings or advisories, weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. We recommend that you purchase a comprehensive travel protection plan that provides coverage for trip cancellation, trip interruption, baggage loss or delay, emergency medical expenses, medical evacuation and repatriation, and more. We also recommend that you consider securing “cancel for any reason” travel insurance, which must be obtained soon after your first deposit is paid for your travels.
Our cancellation and refund policy takes into account the fact that we must advance to our suppliers deposits for their services, which are often non-refundable and/or non-recoverable by us.
In addition, no partial refunds are possible for unused services including hotel rooms, air or land transport, trekking days, or other sightseeing excursions, including those that are unused because your trip has been interrupted due to quarantine, pandemic, government actions/inactions, and other circumstances that are outside of our control. If you have to be removed from a trip for any reason, including but not limited to for quarantine, you will not be entitled to any refund. We will not reimburse clients for any personal expenses such as airline tickets, other travel or hotel expenses due to changes in itineraries or tour cancellations. Further, we will not provide any refund for any delay, change, cancellation, overbooking, or strike by our independent suppliers who provide various goods and services connected with your tour, including lodging, meals, transportation, sightseeing, and activities.
Trip prices and dates on the catalog insert are only indicative of the final costs and tour dates. As we publish our prices more than a year in advance, we may occasionally be faced with significant cost increases due to factors over which we have no control. As such, we reserve the right to impose surcharges or price increases due to changes in exchange rates, increases in air fares or other transport costs, taxes, or government requirements. If any surcharge results in an increase of more than 10% of the tour cost excluding travel protection plan premiums, you have the option of canceling the booking within 14 days of notification of the surcharge and obtaining a full refund less any nonrefundable deposits and cancellation fees. For the most current information visit our website: www.adventure-life.com.
Trip prices are based on double or shared occupancy in hotels, lodges, yachts, tents, etc. Single accommodations can often be arranged for an extra cost but may be limited on some trips according to the availability. If you are traveling alone and wish to share with another traveler, the first willing-to-share, same gender roommate will be assigned. Should no one be available at the time you register, the Single Supplement is payable and you will be invoiced accordingly. If a roommate is found prior to departure, this fee will be refunded. Some yachts/cruises do not require a single supplement as long as you are willing-to-share, even if a roommate cannot be found.
Good physical and mental health is essential for the enjoyment of these active, adventure trips. By forwarding the deposit, you certify that you do not have any physical or other conditions that would create a hazard for yourself or other travelers or affect other people's enjoyment of the tour. If you are over the age of 65 or have pre-existing medical conditions, you must sign the provided health statement. If you fail to complete and submit the health statement by the final payment date specified above, we reserve the right to treat the booking as cancelled by you. Adventure Life, or the local operator or guide, shall make the ultimate determination of an individual trip participant's fitness to embark upon, or to continue a trip. At any time during the tour, including at departure, Adventure Life, as well the local operator or guide, has the right to remove anyone who it judges to be incapable of meeting the rigors and requirements of participating in the tour activities. Once a trip has been confirmed medical circumstances will not be considered as exceptions to our cancellation policy.
While Adventure Life uses reasonable efforts to provide travel services as advertised, reasonable changes in itinerary may be made to an itinerary at any time, including before booking by ALJ. If such a change is made, we will inform you at the time of booking or once the change is known. ALJ reserves the right to cancel, alter, modify, postpone or reschedule any tour without prior notice for the safety and/or comfort of clients and for circumstances of Force Majeure (see information below). ALJ shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this agreement.
You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.
Any changes that we make may require a supplemental payment from you. We will advise you in the event such a payment is required.
No refunds will be provided if we cancel, alter, modify, postpone, or reschedule any tour for any reason, whether before or during your tour. We may, in our discretion without any requirement that we do so, for thirty days use reasonable efforts to work with you and try to obtain non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your tour.
Only if we are successful in obtaining any of your trip monies from our Suppliers, will we refund you the portion that we were able to obtain from our Suppliers. Our administration costs in planning your tour are not refundable because of the work involved in planning, booking and management of your tour itinerary from the moment the tour is booked. This fee is 5% of the tour cost (“Administration Fee”), and one that we cannot recuperate, again because the time and materials were already invested in the trip.
Additional Information regarding Force Majeure
In the uncommon situation where Force Majeure prevents, significantly hinders, renders it difficult, or makes it impossible for us or our Suppliers to provide services, including but not limited to your tour, we and/or our Suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: vary, reschedule, postpone, cancel any tour itinerary or arrangement, including tour dates and the entire tour itself. While we are committed to working with you and other Suppliers to find a workable solution in the event of Force Majeure, our obligations are limited to those described in this section in the event of Force Majeure. We regret that no refunds will be provided if we take any of the preceding actions due to Force Majeure, unless and to the extent we are able to obtain any refunds from our Suppliers. Any refund under this section will less our 5% Administration Fee. This policy is based on the fact that Suppliers, who are often located outside the United States are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our Suppliers once we have forwarded your deposits to them. Nor will we be able to pay you any compensation, costs or expenses you incur as a result. If you choose to cancel your Tour, our standard cancellation terms that govern when a traveler cancels apply. Se above section titled “CANCELLATIONS and REFUNDS.”
If ALJ is affected by Force Majeure, ALJ, if practicable, will notify you of the nature and extent thereof.
Adventure Life will not be deemed in breach of these Terms or otherwise liable to you, including for any refunds of trip deposits, by reason of delay in performance or nonperformance of any of its obligations under this Agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.
Regarding civil unrest, once Adventure Life has investigated the prevailing situation, as it deems fit, it shall remain in Adventure Life's sole and absolute discretion whether to proceed with the trip.
If you wish to make a change to your tour itinerary after it has been confirmed, you must submit your request to us in writing by email or postal mail. You may only make a change to a booking at least 70 days before departure. You will be charged any additional costs due to your change including all nonrefundable deposits, which includes but is not limited to nonrefundable or non-recoverable monies advanced to our Suppliers, and cancellation fees. Note that scheduled airlines may impose cancellation charges, up to 100% of the booked fare. A transfer from one tour to another can only be made at least 70 days before the departure date of the first booked tour. If Adventure Life accepts such a request, then the company reserves the right to charge an administration fee of 10% of the value of the first booked tour. In this case the client must cancel the booking and then rebook on another tour. Such cancellation and rebooking will be subject to the cancellation schedule set forth above.
Substantial change requests by you such as a change of tour dates or transfer request will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. A request to transfer received less than 70 days before departure will not be accepted. This change will result in recalculation of your original tour price. Change requests must be made in writing.
The tour itinerary is only an indication of what each group may accomplish and not a contractual obligation. You acknowledge that the nature of this type of travel requires significant flexibility and should allow for changes. You understand that the amenities, type of transport, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems and other unforeseeable factors.
It is your responsibility to be ready to go at the departure city at the specific tour departure day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
Your additional responsibilities include strictly complying with all local laws, respecting customs and culture, assessing your abilities, respecting other trip members' privacy, and if on a guided trip following the suggestions and advice of the guide. On guided tours, the decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travelers. During the tour, we, as well as the local guide or local supplier, have the right to remove anyone who we a) judge to be incapable of meeting the rigors and requirements of participating in the tour activities; or b) determine to detract from others' enjoyment of the tour.
This agreement, our Release of Liability and Assumption of Risks Agreement, and, if required, a medical form must be signed and submitted by all clients. If you fail to submit these and other necessary documentation prior to departure, Adventure Life reserves the right to treat the booking as cancelled by you and impose cancellation fees.
U.S. citizens traveling outside the United States are required to carry documentation of U.S. citizenship, such as a passport, valid for six months after your reentry to the U.S. It is your responsibility to obtain valid and effective documentation, including passports, visas, permits, and vaccination certificates, where necessary. If you are not a U.S. citizen, contact the embassy, consulate or airline for entry requirements. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from missing or defective documentation. While we may provide information or advice on visas, vaccinations, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
Health Clause: Suppliers and government entities may quarantine, isolate, deny entry to or take other measures involving clients with symptoms of infectious diseases or illnesses aboard confined modes of transport such as ships, trains, etc. No refunds will be provided to you for any unused portion of travel, damages or losses or other claims if you are quarantined. ALJ is not responsible for any costs, damages or losses incurred by you in the event you are quarantined or otherwise interrupted from completing your trip or using portions thereof.
You agree that Adventure Life may copyright in its own name, use, re-use, and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide related to our travel products and services.
If you find a problem or something that does not meet your expectation, you must promptly notify Adventure Life or your tour leader so that the matter can be rectified if possible. Failure to do so while you are on the trip will result in your ability to claim compensation from Adventure Life being extinguished or at least reduced. Further, if you make any changes on your own without providing the notice described above, you assume responsibility for any added costs you may incur as well as forfeiting any potential refunds.
If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to Adventure Life within 30 days of the end of the tour. Adventure Life will not accept any liability for claims received after this period.
The trip price does not include a travel protection plan. We recommend that you purchase a comprehensive travel protection plan that provides coverage for trip cancellation, trip interruption, baggage loss or delay, emergency medical expenses, medical evacuation and repatriation, and more.
Adventure Life offers travel protection plans through its preferred provider Travelex Insurance Services. For more information on the travel protection plans that are offered, contact us for a brochure that contains a brief description of the benefits and coverages of the plan and important contact information Adventure Life is not an insurance company, insurance producer, or insurance expert. It does not accept payment for travel protection plans. While Adventure Life may provide general information about travel protection plans such as price and a description of coverage, it cannot and does not answer technical questions about the terms and conditions of the travel protection plans offered by its preferred provider. Nor can it or does it evaluate the adequacy of your existing travel protection plan coverage. You acknowledge and agree that you must direct those questions to the provider. Important Exception: Adventure Life does not offer travel protection plans to residents of New York and Washington State. If you reside in one of those states, you must contact a provider directly.
If you purchase a travel protection plan through Adventure Life's preferred provider, you acknowledge that you have reviewed and understand the exclusions and limitations of the travel protection plan policy and are satisfied with the levels of coverage offered and/or provided to you. To view/ download the Policy, go to: http://policy.travelexinsurance. com/301A-1217. Travel Insurance is underwritten by Berkshire Hathaway Specialty Insurance Company (formerly known as Stonewall Insurance Company); NAIC #22276. The purchase of a travel protection plan is not required by us in order to purchase any other travel product or service offered to you by Adventure Life. Note that while a travel protection plan, including travel insurance plan, is not required by Adventure Life, some governments and some of our third-party suppliers who operate in remote areas such as the polar regions or safari parks may require proof of emergency medical benefits and emergency evacuation coverage at certain levels before youtravel. This information is contained in our itinerary descriptions and pre-departure information.
Our responsibility in respect of air travel is limited by the airline's conditions of carriage. Adventure Life is not able to specify the type of aircraft to be used by any airline. In addition, Adventure Life is not responsible for losses due to cancelled flights or seats or changed flight itineraries. You cannot cancel your contract with us without penalty due to a change of airline, aircraft type or destination. Similarly, the contents of our catalog or website do not commit the airlines mentioned there. You further agree that you are subject to all terms and conditions of the airline provider. You are responsible for familiarizing yourself with those terms and agree that you are ultimately responsible to the airline provider for any reservations, changes, cancellations, and disputes regardless of how your reservation was made on your behalf.
You agree that the sole remedy for any default by Adventure Life arising under this agreement shall be the return of the paid cost of travel services. To the maximum extent permitted under applicable law, Adventure Life shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Adventure Life has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages. The foregoing shall not apply to Adventure Life's gross negligence or intentional misconduct.
In the event that any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
This agreement shall inure to the benefit of and be binding upon Adventure Life and the client and their respective heirs, legal personal representatives, successors and assigns.
Adventure Life reserves the right to update and/or alter these terms and conditions at any time, and it is your responsibility to be familiar with them. The latest terms and conditions can be found on Adventure Life's website www. adventure-life.com. Any amendment will take effect immediately upon being posted to our website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these Terms on the date they are posted to our website, when we provide notice to you in writing by email or mail, if you continue to use of our services, if you participate on one of our trips, or use of our website, whichever occurs first.We recommend that you refer to these Terms prior to travel to familiarize yourself with the most up to date version available.
I agree that any dispute concerning, relating, or referring to this agreement, Adventure Life's travel services, Adventure Life's tour brochures or any other materials that concern my tour, the tour itself, or any claim for damages due to injury or death which occurs during or in connection with my tour, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Missoula, Montana, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Montana 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 of this contract is void or voidable.
Headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions.
This agreement is the final, complete and exclusive statement of the parties' agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read and voluntarily agree to these Terms and Conditions. My signature applies to all pages of this contract.
Please Read Carefully Before Signing: This is a Legally Enforceable Contract.
I voluntarily apply to participate on a trip arranged by ALJ, Inc. DBA Adventure Life ("ALJ," "ALJ, Inc.," "we," "our," or "us") with knowledge that travel to foreign countries and/or remote areas visited by this trip involves numerous risks and dangers. The trip and goods and services provided by ALJ are collectively referred to as “Trip” or “Tours” in this agreement. I understand that I am booking an adventure holiday and standards such as accommodations, transport, sanitation, medical service will not be maintained or operated to standards common in the United States, or on a conventional holiday.
RESPONSIBILITY: As a U.S.-based adventure travel company, we organize, promote and sell Tours consisting of certain travel services that we purchase or reserve from various suppliers on your behalf. In doing so, we act only as an intermediary for the various independent suppliers that provide accommodations, meals, transportation, sightseeing, activities and other goods and services connected with your Tour ("Supplier" or "Suppliers"). You acknowledge that you are aware of and clearly understand that these Suppliers are independent contractors, are not managed by ALJ, Inc., and are not agents or employees of ALJ, Inc. We assume no responsibility for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, or of any other person or entity. We are also not responsible for the financial default of any Supplier. We have no special knowledge of a Supplier’s financial condition. You agree to seek remedies directly and only against the Suppliers and not hold ALJ responsible for their acts, omissions, and/or financial default. A Supplier's goods and services are subject to the Supplier's own terms and conditions and waivers of liability, which may require your separate signature, as well as the local laws and regulations of the relevant country.
VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK: I am voluntarily applying to participate in the Tour, which will involve outdoor and adventure activities ("Adventure Activities") and traveling in foreign countries and/or remote areas, depending on my itinerary. These Adventure Activities may take place in remote areas, areas with wild and/or domesticated animals, in areas with steep and/or uneven terrain, and in areas with little to no infrastructure. These Adventure Activities may also be provided by third parties over whom ALJ has no control and no responsibility.
I am voluntarily participating in this Tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Adventure Activities; negligence in any matter on the part of ALJ; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; forces of nature; explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident; civil unrest and war (declared, undeclared, or threat thereof); sabotage; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in the United States or other more developed countries; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures or deficiencies; contact with marine life and wild and domesticated animals; social or labor unrest or strike; consumption of alcoholic beverages; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; sanitation deficiencies; illness; disease or virus, both known or unknown, such as coronavirus (including but not limited to the community spread thereof); epidemic; pandemic; quarantine; border closures; government travel restrictions or warnings; regulations or orders, acts or non-acts of any governmental entity or official; diplomatic or health organization (e.g., World Health Organization) warnings; foodborne, airborne, and communicable illnesses and disease; bites or stings from insects or pests; local laws; climatic conditions; abnormal conditions or developments; negligence by third party service providers; negligence or intentional actions by other participants including traveling while sick with or without symptoms; or any other actions, omissions or conditions outside of ALJ’s control not mentioned herein. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from these and other inherent risks of travel.
Further, I assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at such destinations. For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state. gov. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel, or the responsible government agency in your country.
I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage. As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by ALJ, I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of a Minor, I have discussed the travel risks with the Minor, and he or she wishes to participate in the Tour nevertheless.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by ALJ, to the fullest extent permitted by law, I HEREBY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS FOREVER ALJ, INC., its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, independent sales consultant, volunteers, and successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with the Tour arranged through or provided by ALJ.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all Minors traveling with me, my and their heirs, successors, assigns, and legal and personal representatives, with said obligations not dischargeable in bankruptcy; it being my intention to fully assume all risks associated with this trip and to release ALJ, Inc. from any and all liability to the maximum extent permitted by law.
COVENANT NOT TO SUE: I hereby agree not to sue ALJ, Inc., its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, independent sales consultants, volunteers, and successors and assigns for any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with the Tour arranged through or provided by ALJ.
LIMITATION OF REMEDIES: I agree that to the extent consistent with applicable law, the maximum amount of recovery to which I may be permitted to recover from ALJ, Inc. shall not exceed the amount of the paid tour cost less actual expenses incurred by ALJ, Inc. in arranging for my travel services. To the maximum extent permitted under applicable law, ALJ, Inc. shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ALJ, Inc. has been advised of the possibility of such damages. I expressly waive any right it may have to recover such damages. If I, or any of my heirs, or anyone acting on their own in my behalf should bring such suit, I shall pay all attorney fees, related court fees and defense costs should I not prevail. This paragraph shall not apply to ALJ, Inc.'s gross negligence or intentional misconduct.
BINDING ARBITRATION: I agree that any dispute concerning, relating, or referring to this agreement, ALJ's travel services, ALJ's tour brochures and catalogues, or any other materials that concern my tour, or the tour itself, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Missoula, Montana, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Montana 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 of this contract is void or voidable.
CLASS ACTION WAIVER AND NO PUNITIVE DAMAGES: You are waiving your right to serve as a representative, litigant, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit/arbitration filed against us. In no event shall we be liable for or pay punitive damages.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and understand the provisions and legal consequences of this agreement and ALJ, Inc.'s Terms and Conditions, and I hereby agree to all of the terms and conditions contained in both agreements. I agree that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Montana and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that in calculating the cost of the Tour, ALJ, Inc. has relied on my consent to these terms and their enforceability. In the absence of this agreement, the Tour cost would have been higher or, alternatively, ALJ, Inc. would be unable to offer these services.
By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand all of its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. I also acknowledge that I have had an opportunity to ask any and all questions that I may have, and that ALJ has answered all questions to my satisfaction. My signature applies to all pages of this document.
“By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.” Mont. Code. Ann. § 27-1-753
I also acknowledge that I have carefully read and fully understand and agree to the contents and legal consequences of ALJ’s Terms and Conditions, the itinerary for my specific trip, and any other ALJ material that governs the Tour.