HAVE FUN DO GOOD
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named on this trip booking (referred to as “I” or “me”) desires to travel with and participate in a Have Fun Do Good Group Trip (the “Activity”) organized by Pack Up & Go LLC, a Pennsylvania limited liability company, and its travel brand Have Fun Do Good, (collectively “HFDG”). In consideration of engaging in the Activity and in recognition of HFDG’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
- I have been informed and understand the various aspects of this Activity including, but not limited to finances, arrangements, travel, accommodations, itinerary and logistics. I am aware and understand that despite careful planning and supervision, the Activity is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I am aware that the Activity and travel generally involves complicating circumstances that may present the risk of hazards, including but not limited to weather conditions, language barriers, reliance on equipment, reliance on third-parties, differing cultures, as well as other risks not known or foreseeable at this time and that the Activity. I am further aware that HFDG is a tour operator and contracts with third-party hospitality providers (“Hospitality Providers”) to provide the Activity. I am also aware of the highly contagious nature of COVID-19 (the “Disease”) and the risk that I may be exposed to or contract the Disease by engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of HFDG employees, agents, or others, including other participants in the Activity, and including negligent emergency response or rescue operations of the HFDG. I understand that while HFDG has implemented measures to reduce the risk of injury or harm from the Activity and the spread of the Disease, HFDG cannot guarantee that I will not be injured or become infected with the Disease or other infectious diseases during 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 ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE NEGLIGENCE OF HFDG OR OTHERWISE.
- RELEASE OF LIABILITY/WAIVER OF RIGHTS: I hereby expressly waive and release any and all claims, now known or hereafter known, for myself, my heirs, family, estate, or other assigns, against HFDG and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns, together with all third-party entities with whom HFDG contracts to deliver the Activity (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my enrolling and participating in the Activity, whether arising out of the negligence of HFDG or any Releasees or any Hospitality Provider or otherwise. I covenant not to make or bring any such claim against HFDG or any other Releasee, and forever release and discharge HFDG and all other Releasees from liability under such claims. This waiver and release does not extend to any liabilities that Pennsylvania law does not permit to be released by agreement.
- Medical; Status. I confirm that I am: (a) in good health and proper physical condition and do not have any medical or other conditions, except those which I may disclose to HFDG (“Disclosed Conditions”), that would impair my ability to participate in the Activity; and (b) I will not participate in the Activity if (i) I am experiencing symptoms of the Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), (ii) I have a confirmed or suspected case of the Disease at the time the Activity starts, or (iii) I have come in contact with a person who has been confirmed to have or suspected of having the Disease within 14 days of the start of the Activity. 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 HFDG at all times. 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 in the Activity as has been modified to accommodate my Disclosed Conditions, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity. I acknowledge that HFDG is relying on these statements to allow me to participate in the Activity.
- Medical Insurance and Consent. 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 and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless HFDG from any claim based on such treatment or other medical services. I hereby confirm and represent that I am covered by medical insurance that will pay for medical services received in the areas to which I am traveling as part of the Activity.
- Indemnification. I shall defend, indemnify, and hold harmless HFDG 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 attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by HFDG or any other Releasees, arising out of or resulting from any claim of a third party, including but not limited to any Hospitality Provider or any other participant int the Activity, any person who may appear in Activity Media generated by me pursuant to the HFDG Terms and Conditions, related to my participating in the Activity, including any claim related to my own negligence, my failure to comply with the HFDG Terms and Conditions, HFDG Community Guidelines, or the ordinary negligence of HFDG.
- Photo & Video Release. By participating in the Activity, I hereby grant HFDG the irrevocable right and permission to photograph and/or record Me and to use, reuse, publish, republish and copyright any photographs or recordings taken of me during the Activity (“Activity Media”). This right applies to reproductions in any form, used alone, in a composite or with any printed matter or advertising copy, for purposes of trade, advertising, publicity, promotion or education, in perpetuity and throughout the world, and without restrictions or limitations. I release HFDG and their agents from any liability resulting from the use of Activity Media and any distortion, blurring, alteration, or placement in a composite, intentional or otherwise, which may occur in the taking, processing, reproduction, publication, or distribution of said Activity Media. I waive any right to inspect or approve the Activity Media or its usage and acknowledge that the rights granted by this release are without compensation of any kind.
- Adherence to Rules and Requirements. I hereby agree to follow all rules and requirements (“Activity Rules”) made a part of the Activity, and to follow the instructions of any HFDG agent. I acknowledge that my failure to adhere to the Activity Rules may result in termination of my participation in the Activity, at HFDG’s sole discretion. I further release HFDG from any liability arising from my failure to adhere to the Activity Rules and any costs or injury which may occur if my participation in the Activity is terminated.
- Provision of Documents. I recognize that my participation in the Activity is contingent on my agreement to furnish certain documents and information to HFDG as may be determined in the sole discretion of HFDG (“Participant Documents”). I affirm that any information provided in the Participant Documents is true and accurate and release HFDG from any liability arising from inaccuracies or omissions in the Participant Documents, or their use of the Participant Documents and the information contained therein in connection with the Activity.
- This Release constitutes the sole and entire agreement of HFDG 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. I understand the terms of this Release extends forever into the future and will have full force and legal effect each and every time I participate in an Activity. 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 HFDG and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Allegheny County, Pennsylvania, and I hereby consent to the exclusive jurisdiction of such courts.
BY CHECKING THE “YES, I AGREE” BOX ON THE WETRAVEL BOOKING PLATFORM, 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 HFDG. I ACKNOWLEDGE THAT PRIOR TO AGREEING TO THIS WAIVER, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM OF LAWFUL AGE AND LEGALLY COMPETENT TO ENTER INTO THIS RELEASE.