Statement of Responsibility and Waiver
I have agreed to participate in a Breaking Italian/Maiarts LLC Vacation (hereinafter “the Vacation”) in Italy during the dates of this registration and booking. I understand and acknowledge that my participation in the Vacation is wholly voluntary.
By paying my deposit and booking my vacation, I agree to the following:
1) UNDERSTANDING AND ASSUMING RISKS WHEN TRAVELING ABROAD
a) I understand and acknowledge that living and traveling to and within, and returning from a country other than the United States involves risks, dangers, and hazards not generally found in the United States, including but not limited to (1) air travel and all other types of transportation, including independent travel decisions to and from social, cultural and programmatic events, which could result in damage to property, injury to persons, or death; (2) political, legal, social, and economic conditions that are different than those applicable in the United States and that can change in an unpredictable manner; (3) differing standards of design, safety and maintenance of utilities, including computing facilities, buildings, public places and conveyances; (4) varying quality and availability of sanitation, housing, and medical care; and (5) the potential for loss of property, personal injury, or death due to war, terrorism, crime, civil unrest, kidnapping, illness, public health risks diseases, accidents, and/or violence. In addition, I understand and acknowledge that participation in certain dangerous activities may cause me to face an increased risk of injury or death.
b) I understand that the general condition and standards of living arrangements, including building safety, may be below that which I have experienced in the United States. Further, I understand that as a result of living and traveling to and from major international cities, I may experience problems associated with urban living, such as increased crime, pollution, and high population density and that women, in particular, may experience unique difficulties as a result of the customs and standards of the foreign country and/or distorted stereotyped images that people of other countries may have acquired. I understand that the Americans with Disabilities Act does not apply abroad, service providers may not have the infrastructure to make special provisions or accommodate special equipment that may be required for my full participation.
c) I understand and acknowledge that applicable current travel advisories and travelers’ health information issued by the U.S. Department of State and the Center for Disease Control information materials can be found at the following Internet site addresses, http://travel.state.gov/ and www.cdc.gov/travel/index.htm, and should be consulted and reviewed before departure. Further, I have made my own investigation and I am willing to accept the risks, hazards, and dangers inherent in international travel and the activities included in the Vacation.
d) I understand and acknowledge that the Breaking Italian/Maiarts LLC does not represent nor act as an agent for, and cannot control the acts or omissions of, any host institution, host family, transportation carrier, hotel, tour organizer, or other provider of goods or services related to the Vacation.
e) I understand and acknowledge that the MAIARTS LLC/BREAKING ITALIAN IS NEITHER RESPONSIBLE NOR ACCEPTS LIABLITY for matters that are beyond its control. Accordingly, I understand, agree, and acknowledge that the Breaking Italian/Maiarts LLC is not responsible or liable, in whole or in part, for those matters, outside of its control, including but not limited to war, quarantine, civil unrest, criminal activity, public health risks, terrorism, weather, strikes, acts of God, bankruptcies of service and transportation providers, mechanical defects, and cessation of operations, which results in (1) sickness, disease, injuries (including death), accident; (2) losses, damages, expense, or damage to and lost property; (3) fare changes, dishonors of hotel, airline or vehicle rental reservations; (4) any delays or missed transportation connections; and (5) any other expense arising out of such matters.
(f) I understand that it is my responsibility to secure the necessary travel documents (passport and visa[s]). Failure to do so does not constitute grounds for a refund except according to the refund and cancellation guidelines as outlined in the Booking Terms & Conditions.
2) HEALTH AND SAFETY
a) I represent and warrant that I am and will be covered throughout the Vacation by a policy of comprehensive health and accident insurance, which provides insurance for injuries and illnesses I may sustain or experience in my travels, and, more specifically, in the country that I will be living and/or traveling while on the Vacation, as well as emergency evacuation and repatriation of remains insurance.
b) I agree to complete accurately and fully any required pre-departure health and emergency contact forms, to advise and make known to the Breaking Italian/Maiarts LLC of any health issue that may pose a signficant health risk or difficulty to the Vacation, its participants, the host country or myself, and to exercise reasonable precautions while traveling with respect to food, drink, personal hygiene, personal conduct, and exposure to known disease risk factors. I agree to report to the Breaking Italian/Maiarts LLC office any physical or mental condition I have, which may require special medical attention or accommodation during the Vacation as early as possible, but no later than thirty (30) days prior to the start of the Vacation.
c) I understand and acknowledge that the Breaking Italian/Maiarts LLC is not obligated to attend to any of my medical or medication needs, and I assume and accept all such risks and responsibility. Breaking Italian/Maiarts LLC, however, may take any actions it considers to be warranted under the circumstances regarding my health and safety. In the event of any medical emergency for which the Breaking Italian/Maiarts LLC has knowledge, wherein I am physically or mentally incapable of consenting to medical attention, I give to Breaking Italian/Maiarts LLC, or any of its representatives, the full authority to take any action deemed necessary to protect my mental or physical health and safety, at my own expense, including but not limited to, placing me under the care of a doctor or in a hospital or any place for medical examination and/or treatment or returning me to the United States, if such return is deemed necessary after consultation with medical authorities. Should the need arise, the Breaking Italian/Maiarts LLC is authorized to provide any personal and medical information of me to any health care provider. I agree to pay all expenses related to medical care and release and discharge the Breaking Italian/Maiarts LLC and its representatives from any liability for any such actions, including the cost and quality of such medical treatment and care.
3) CHANGES TO PROGRAM AND RESPONSIBILITY
a) I understand and acknowledge that so long as any such modification contains reasonably comparable substitution, the Breaking Italian/Maiarts LLC reserves the right to make changes to the Vacation (including transportation and accommodation substitutions; alterations in the proposed itinerary, such as dates and sites) at any time and for any reason. Breaking Italian/Maiarts LLC is not responsible for the cost of changes that arise as a result of an emergency or that are outside its control. Breaking Italian/Maiarts LLC reserves the right to substitute hotels, housing, or other accommodations of a similar category at any time. Specific room and housing assignments are within the sole discretion of the Breaking Italian/Maiarts LLC.
b) Breaking Italian/Maiarts LLC reserves the right to cancel the Vacation or any aspect thereof prior to departure; and, in the Breaking Italian/Maiarts LLC’s sole discretion to cancel the Vacation or any aspect thereof after departure, requiring that all participants return to the United States if the Breaking Italian/Maiarts LLC determines or believes that any person is or will be in danger if the Vacation or any aspect thereof is continued. If the Vacation is changed or canceled for reasons of safety or due to an act of God, the only responsibility of the Breaking Italian/Maiarts LLC is to refund to me all uncommitted monies I have paid to the Vacation. I understand that all the funds may have been committed and that I may be ineligible to receive any refund. If the Vacation is canceled by Breaking Italian/Maiarts LLC due to any other reason, I understand that I will receive a full refund.
4) INDEPENDENT ACTIVITY
a) I understand that neither the Breaking Italian/Maiarts LLC nor its representatives will be supervising/organizing my activities at all times. I will have the opportunity and the right to independently leave the group periodically. I understand and acknowledge that if I spend any time away from the Vacation’s location, or participate in any activity that is not a planned part of the program, I may face additional and/or increased risk of injury or death and that I am solely responsible for my own safety.
b) I understand and acknowledge that should I elect to remain in a foreign country, whether at the location of the Vacation or elsewhere, after participating in the Vacation or should I decide to leave the Vacation before its end, Breaking Italian/Maiarts LLC will cease to act as a sponsor and I assume all such risks and liabilities associated in traveling and living independently from the Breaking Italian/Maiarts LLC and its Vacation.
5) STANDARD OF CONDUCT
a) I understand that misconduct abroad can lead to removal from the Vacation at my own expense.
b) I understand that each foreign country has its own laws and standards of acceptable conduct, including dress, manners, morals, politics, drug and alcohol use, and behavior. I recognize that behavior, which violates those laws or standards, including but not limited to destruction of property of others, alcohol or substance abuse, the use of or threats of physical violence, and openly abusing the customs and traditions of the foreign country, could harm the Breaking Italian/Maiarts LLC’s relations with partner institutions, vendors, and individuals, as well as my own health and safety. I will become informed of, and will abide by, all such laws and standards for each country to or through which I travel during my participation in the Vacation, including attending any and all Vacation orientation meetings and reading all materials Maiarts LLC/Breaking Italian provides. I will attend to any legal problems I encounter with any foreign nationals or government of the host country or any country to or through which I travel during my participation in the Vacation. Further, I will reimburse the Breaking Italian/Maiarts LLC for any and all expenses incurred or caused by me, including but not limited to expenses arising out of vandalism, damage to property, or theft. Breaking Italian/Maiarts LLC is not responsible for providing any assistance under such circumstances.
c) I understand that the owner/operator of Maiarts LLC/Breaking Italian, or someone she or he appoints, will be the sole judge of whether my conduct are detrimental to the best interests of the Vacation, myself or others in the Vacation or seriously offend partner institutions, vendors or individuals. Should such misconduct occur, the owner/operator of Maiarts LLC/Breaking Italian or someone he or she appoints, at his or her discretion, may terminate my participation in the Vacation. I understand that should my participation in the Vacation be terminated, I will receive no refund or portion thereof of any fees, unless otherwise deemed appropriate by the Breaking Italian/Maiarts LLC; I am required to leave the Vacation immediately; and I am solely responsible for arranging and paying for my own transportation back to the United States.
6) REPRODUCTION OF RECORDS
I grant permission for the Breaking Italian/Maiarts LLC and the Vacation to reproduce and use for educational, publicity and/or orientation purposes, without compensation, all photographs, videos, movies,or sound recordings taken of me during the time I participate in the Vacation.
(8) I understand that no health insurance or travel insurance is provided by the Vacation organizers, and, if I wish to be insured, I have to do this myself.
STATEMENT OF RESPONSIBILITY AND AUTHORIZATION TO PARTICIPATE IN THE VACATION
In providing my initials and ticking “I agree” below, I acknowledge that I have read this entire Agreement, that I understand its terms, that I have had the time and opportunity to read and ask questions regarding the Agreement. Also, I confirm that I am at least eighteen years of age and that I have entered the Agreement knowingly and voluntarily, and that by signing it, I understand that I am giving up substantial legal rights I might otherwise have.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION
(1) Assumption of Risk and Release of Claims. Knowing the risks, dangers, and hazards described to me by the Breaking Italian/Maiarts LLC, and in particular those described in the “Statement of Responsibility and Authorization to Participate in the Breaking Vacation,” I agree, individually, and on behalf of my heirs, successors, assigns and personal representatives, to ASSUME AND ACCEPT ALL THE RISKS, DANGERS, HAZARDS, AND RESPONSIBILITIES resulting in or arising from my participation in the Vacation. To the maximum extent permitted by law, I, individually, and on behalf of my heirs, successors, assigns and personal representatives, HEREBY RELEASE AND FOREVER DISCHARGE Breaking Italian/Maiarts LLC and its employees, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability whatsoever for any and all damages, losses, harms, or injuries (including suffering and death) that I may sustain to my person or property or both, whether caused by the negligence or carelessness on the part of the Breaking Italian/Maiarts LLC, its employees, agents, officers, trustees or representatives, including but not limited to any claims, demands, actions, causes of action, judgments, damages, costs, and expenses of any nature whatsoever, including attorneys fees, which arise out of, result from, occur during or are connected in any manner to my participation in the Vacation (including periods in transit to and from any country where the Vacation is being conducted), any related or independent travel, or any activities or field trips (including any inherently dangerous activities such as mountain climbing, scuba diving, etc).
(2) Indemnification and Hold Harmless. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Breaking Italian/Maiarts LLC and its employees, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability, losses, damages or expenses, including attorney’s fees, which arise out of, occur during, or are in any way connected with my participation in the Vacation, any related or independent travel, or any activities or field trips (including any inherently dangerous activities such as horseback riding, hiking, riding a bicycle, mountain climbing, scuba diving, etc., or using public transportation)
(3) I agree that this WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT is to be construed and governed under the laws of the State of Ohio, U.S.A.; and that if any portion is held invalid, the balance hereof shall continue in full legal force and elect. In providing my initials and ticking “I agree” below, I acknowledge that I have read this entire Agreement, that I understand its terms, that I have had the time and opportunity to read and ask questions regarding the Agreement, and that I have signed it knowingly and voluntarily.