GF JOURNEYS Liability Release
Release of Liability, Assumption of All Risks, and Arbitration Agreement
GF JOURNEYS, its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, representatives and assigns (collectively GF JOURNEYS) does not own or operate any entity which provides, or is to provide, goods or services for your tour including, for example, lodging facilities, vessel, motorcoach, or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service or entertainment providers, equipment suppliers, babysitters or daycare providers, etc. All such persons and entities are independent contractors. As a result, GF JOURNEYS is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
In addition, I acknowledge that I have voluntarily applied to participate in the tour designated on this application. I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of GF JOURNEYS including, without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to hotel or restaurant selection; in the maintenance or operation of any motor coach, train, bus, or other motor vehicle utilized to transport passengers or by any other conveyance, etc.; mechanical or other failure of airplanes or other means of transportation; failure of any transportation mechanism to arrive or depart on time; physical exertion for which I am not prepared; acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, consumption of alcoholic beverages; risks associated with food or impure water; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof; stolen, lost, or misplaced luggage or property and theft or break-ins into motorcoaches, lodging rooms or elsewhere. If due to weather, flight schedules or other uncontrollable factors you are required to spend an additional night(s), you will be responsible for your own hotel, transfers and meal costs.
GF Journeys reserves the right to change the tour itinerary or tour features at any time and for any reason, with or without notice and/or to substitute, hotels, restaurants, tour guides, excursions and/or activities of a similar category for those listed in the detailed itinerary, and GF JOURNEYS shall not be liable for any such changes.
From time to time a tour departure may be cancelled for lack of participation. In such a case, GF JOURNEY’S sole responsibility is to provide a refund without any other liability whatsoever. GF JOURNEYS will have no further responsibility for any airline tickets, or non-refundable travel.
I acknowledge that the enjoyment and excitement of travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
I acknowledge that the cost of a GF JOURNEYS tour is based upon tour participants executing this Release of Liability, Assumption of All Risk, and Arbitration Agreement. Therefore, as lawful consideration for being permitted to participate on such tour(s), I hereby RELEASE AND DISCHARGE FOREVER GF JOURNEYS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR. I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release GF JOURNEYS from any and all liability to the maximum extent permitted by law.
BINDING ARBITRATION: I agree that any dispute concerning, relating, or referring to this contract, brochures, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration according to the then existing commercial rules of the American Arbitration Association in San Francisco, California. Such proceedings will be governed by substantive (but not procedural) California law excluding any application or consideration of the California Arbitration Act. Except for trips in California, the California Vehicle Code will be inapplicable to my trip or any claim arising therefrom. 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.
MISCELLANEOUS MATTERS: I understand that GF JOURNEYS reserves the right to take photographic or film records of any of its trips and hereby agree that GF JOURNEYS may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom GF JOURNEYS may engage in joint marketing, without any remuneration to me. I hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by GF JOURNEYS.
I understand that GF JOURNEYS reserves the right to refuse as a tour participant, or remove from a tour, any person it judges to be incapable of meeting the requirements of participating in the activities, or who it determines to detract from the enjoyment of the tour by others. I agree to follow all written and verbal rules of safety presented to me by GF JOURNEYS. GF JOURNEYS reserves the right to make route, hotel, itinerary and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this Agreement, including but not limited to, those regarding cancellation and refund policies. Exceptions to this policy cannot be made for any reason, including, but not limited to, weather, terrorism, civil unrest, natural disaster or other force majuere, personal, family or medical emergencies. I understand that this is a legally binding and enforceable contract and sign it of my own free will. 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.
This contract is accepted by GF JOURNEYS in Livermore, California, and cannot be changed in an oral communication. We can only accept one signature per form.
Upon payment of a deposit, tour participant indicates acceptance of the above Terms and Conditions and of the Arbitration Agreement.