RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK, AND AGREEMENT TO PAY CLAIMS
All travelers must agree to all conditions and submit a signed copy of the following prior to departure. Please contact Indochina Travel with questions about any aspect of this agreement.
PLEASE READ THIS AGREEMENT CAREFULLY, THIS CONTRACT AFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING.
I willingly agree to the following contractual representations and agreements cited below.
RELEASE OF LIABILITY
In consideration of participation in travel, services, activities, and any arrangements (collectively “Trip”) organized by Indochina Travel, being 18 years of age or older, I do hereby release, forever discharge and agree to hold harmless and promise not to sue Indochina Travel LLC or VeloAsia and their employees, officers, directors, volunteers and agents (collectively “Indochina Travel”), and agree to release from any and all liability, claims, including claims of Indochina Travel's negligence, or claims for personal or psychological injury, sickness or death, as well as property damages and expenses, of any nature whatsoever which may be incurred by the undersigned that occur while I am traveling to, from, and during any Trip or Activity organized by Indochina Travel.
I am voluntarily participating in this Trip. I am aware of and assume the risks associated with traveling to/from and participating in this Trip, both known or unknown to me, which include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; conditions related to travel; or the condition of the Trip location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Trip, including travel to, from, and during the Trip and agree to hold Indochina Travel harmless from any and all claims, including attorney’s fees or damage to my personal property, that may occur as a result of my participation in this Trip.
I acknowledge that Indochina Travel makes no guarantee of the reliability or safety of suppliers of services, lodging, transport, and equipment to their Trips, including freelance drivers, guides, and escorts, mechanics, transport providers, equipment including kayaks or bicycles, and other third-party suppliers and equipment. I also understand that Indochina Travel does not explicitly guarantee my safety or protection while on a Trip and makes no representations as such. I acknowledge that Indochina Travel recommends I have emergency medical and air evacuation service insurance for this Trip. In the event of an accident or illness, I assume all responsibility damages or loss of my property, for arrangement and all costs associated with emergency evacuation, medical, hospital and recovery treatment and services. If I become incapacitated, I consent to allow emergency medical evacuation and treatment for my injuries to be made on behalf. I understand such services and treatment may be deemed inadequate and agree that Indochina Travel accepts no responsibility for the adequacy nor expenses associated with any such emergency or medical services ultimately provided.
LIMITED LIABILITY AND PARTICIPANT RESPONSIBILITY
Indochina Travel expressly limits its required performance to the delivery of a Trip as represented with reasonable adjustments and substitutions. If Indochina Travel fails to so perform, its liability to the participant, or to any person claiming through the participant, is limited to the participant’s payments received by Indochina Travel. Indochina Travel and its agents will not be responsible for any consequential damages (e.g. the participant’s airfare or other out-of-pocket costs paid to others) that may result from Indochina Travel failure to so perform.
I agree to be responsible for damages caused by my own actions and agree to hold Indochina Travel harmless for any accident, damages or injury caused by myself or by any third-party’s interaction with myself or Indochina Travel’s direct control. Responsibilities of the participant include adequate physical condition for their Trip, a cooperative spirit including adherence to all local laws, respect for customs and culture, respect for other Trip participant's and staff, and cooperation with the instructions of Indochina Travel and its agents, including guides. If a participant is deemed to be uncooperative or disruptive to the degree of affecting Indochina Travel's management of a Trip, Indochina Travel reserves the right to cancel any remaining Trip services. If said services are cancelled by Indochina Travel or a participant voluntarily declines services, Indochina Travel will not refund any deposit or payment to the participant, and will not pay any transportation cost, airline penalty, or any other expense of the participant. Indochina Travel will not refund any portion of the participant’s deposit or payment if the participant fails to participate in any activities, excursions, workshops or portions of a Trip for any reason.
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS
I acknowledge that I have read, understand, and agree to Indochina Travel’s Terms and Conditions, which I agreed to when I submitted my Trip deposit. If I cannot recall these Terms and Conditions, I agree that I will request a copy to be sent to me by Indochina Travel and refer to it before signing this document.
BICYCLING AND MOTORCYCLING CLAUSE
I ACKNOWLEDGE THAT MOTORCYCLING AND BICYCLING ARE INHERENTLY DANGEROUS ACTIVITIES.
I understand that cycling and motorbiking in undeveloped countries significantly increases the danger of said activities, including the dangers varying road conditions and also including, for example, but not limited to: the dangers of collision with pedestrians, animals, vehicles, and stationary or moving objects; the dangers arising from surface hazards, equipment maladjustment or failure, extremely poor road infrastructure, absence of traffic signs and lights, inadequate safety equipment, lack of traffic enforcement, laws, and control, dangerous and drunken driving, adverse weather conditions, and a participant's own inexperience bicycling and traveling in such countries and conditions.
I AGREE THAT I WILL WEAR AN ANSI or SNELL APPROVED HELMET at all times on the bicycle, which can protect against serious head injury and death. I will inspect any bicycle, zip-line harness, kayak, and other equipment supplied to me and by agreeing to use any supplied equipment, accept responsibility for the condition, safety and adequacy of the equipment. I also agree that Indochina Travel or its agents are not responsible for mishaps that may arise from faulty, inadequately maintained, or malfunctioning equipment, whether or not supplied and/or repaired by Indochina Travel or its agents on Trip.
I HAVE CONSULTED WITH A MEDICAL PROFESSIONAL REGARDING THE TRIP(S) I WILL BE PARTICIPATING IN. I HAVE NO PHYSICAL OR MEDICAL CONDITION AND AM NOT TAKING MEDICATIONS, WHICH TO MY KNOWLEDGE, WOULD ENDANGER OTHERS OR MYSELF IF I PARTICIPATE IN THIS TRIP WHICH MAY INCLUDE RIGOROUS BICYCLE RIDING, KAYAKING, AND HIKING AND EXTREME WEATHER CONDITIONS, INCLUDING VERY HIGH OR COLD TEMPERATURES OR OTHER ADVERSE CONDITIONS.
I ACKNOWLEDGE THAT TRAVEL IN UNDERDEVELOPED COUNTRIES, SUCH AS VIETNAM, MYANMAR, OR LAOS, FOR EXAMPLE, MAY ENTAIL RISKS GREATER THAN THOSE FOUND IN RELATIVELY MORE DEVELOPED ONES. I acknowledge I will be traveling in countries where medical services, food, sanitation, transportation services, law enforcement, traffic laws, driving behavior, communication and other services may be deemed inadequate, not equivalent to, and more dangerous than those of the United States, Western Europe, and other more developed regions and countries. Furthermore, I acknowledge I selected this Trip with the understanding that I am in condition to complete it without any distress or endangerment to my health. Further, in case of emergency, I authorize others to seek evacuation or medical attention on my behalf if I am unable or choose not to do so. I assume all financial and personal responsibility for any services arranged by others regardless of the quality of services ultimately provided.
My participation in an Indochina Travel Trip and any aspect of a Trip is completely voluntary. I ASSUME ANY AND ALL RISKS OF DANGER AND BODILY INJURY TO MYSELF, INCLUDING PERMANENT OR PARTIAL DISABILITY, OR DEATH, CAUSED BY OR ARISING FROM MY PARTICIPATION IN THE TRIP.
I ACKNOWLEDGE INDOCHINA TRAVEL WILL NOT BE RESPONSIBLE FOR ANY GOODS PURCHASED, LOST OR STOLEN EQUIPMENT OR BAGGAGE, WITHOUT EXCEPTION. I agree that if any part or section of this Liability Release and Assumption of Risk Agreement is found to be void or unenforceable, then such part or section will be stricken but the rest of the Agreement will remain in effect.
I also agree that should I or my successors sue or assert any claim against this agreement, I or my successors shall be liable for the expenses, including legal fees, incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence.
I HAVE READ Indochina Travel’s TERM & CONDITIONS IN FULL, INCLUDING THE CANCELLATION AND REFUND POLICY, AND AGREE TO ALL CONDITIONS STATED THEREIN.
I HAVE CAREFULLY READ, UNDERSTAND, AND AGREE TO ALL CONDITIONS AND TERMS SET FORTH IN THIS assumption of risk FORM. I hereby confirm that no one associated with Indochina Travel has made any promises or representations that conflict with such terms and conditions, and I hereby confirm that I have retained a copy of this form for my records.
If Participant is under 18 years of age:
I am the parent or legal guardian of the Participant. I understand the legal consequences of signing this document, including (a) releasing Indochina Travel from all liability on my and the Participant’s behalf, (b) promising not to sue on my and the Participant’s behalf, (c) and assuming all risks of the Participant’s participation in this Activity, including travel to, from and during the Activity. I allow Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of Participant as described in this document. I agree to be bound by the terms of this document.
I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing Indochina Travel from all liability, (b) promising not to sue the Indochina Travel, (c) and assuming all risks of participating in this Trip, including travel to, from and during the Trip. No other representations concerning the legal effect of this document have been made to me.