Terms and Conditions and Waiver of Liability, Assumption of Risk & Indemnity Agreement

The following is a copy of the Waiver to be signed by all clients:

WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
PRINT A COPY FOR YOUR RECORDS
A parent/guardian must sign for minors (under 18 years of age).

WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE: In consideration of being permitted to participate in any way in the tour offered by Adventure to Africa Inc., a Virginia company, (“Adventure to Africa”) and to the fullest extent permitted by law, I, for myself, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns, and any minor under the age of 18 years old that is under my care, custody or control (“Minor”), do hereby RELEASE, WAIVER, FOREVER DISCHARGE, AND COVENANT NOT TO SUE Adventure to Africa (or any of its owners, shareholders, officers, employees, directors, agents, representatives, volunteers, successors and assigns) (individually and collectively, “Released Parties”) in either a representative or individual capacity, in law or in equity, and I shall never cause a lawsuit to be brought against any of the Released Parties for any claims, demands, rights, or causes of action whatsoever arising from or relating to any known or unknown, foreseen or unforeseen, bodily and personal injuries, deaths, property damage, or consequences thereof arising out of, relating to, or in connection with my or the Minor’s participation in the tour arranged through or provided by Adventure to Africa for myself and or the Minor, whether arising from the Released Parties’ negligence or otherwise.
ASSUMPTION OF RISK: I am voluntarily participating on the tour, which may involve one or more of the following activities depending on my itinerary and the activities in which I elect to participate: walking, trekking, swimming in various bodies of water such as rivers, lakes and the ocean, sailing, cruising, parasailing, snorkeling, rope swings, rappelling, wet and dry landings from a dinghy, nature and rainforest walks, encounters with wild fauna and flora, scuba diving, snorkeling, kayaking, rafting, horseback riding, photography tours, hot air balloon riding, helicopter flights, intra-Africa flights, safari, renting/driving a vehicle, and/or other outdoor activities or sports (collectively, “Adventure Activities”). I understand that this list is not exhaustive of all Adventure Activities that may be made available to me and that I may decide to participate in.
I acknowledge that I am voluntarily participating on the tour with knowledge that travel and the Adventure Activities involve numerous risks and dangers that range from 1) minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, 3) catastrophic injuries, including decompression sickness, paralysis and death, and 4) financial losses, property loss and damage. The dangers and risks also include but are not limited to the following: dangers and risks inherent in Adventure Activities; negligence in any matter on the part of Adventure to Africa; emotional trauma; disfigurement, temporary or permanent disability; acts of God; forces of nature; civil unrest and war; 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; crossing roadways and entering/exiting vehicles; 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 animals; social or labor unrest; 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; diseases; epidemics; bites or stings from insects or pests; local laws; climactic conditions; abnormal conditions or developments; negligence by third party service providers; or any other actions, omissions or conditions outside of the Company’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.
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. 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 the Minor, I have discussed the risks with the Minor, and he or she wishes to participate in the tour nevertheless.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RLEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am signing this agreement, including the Minor (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risk associated with Adventure to Africa’s tour and services and to release Adventure to Africa from any and all liability to the maximum extent permitted by law.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to fully INDEMNIFY AND HOLD the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result on my or the Minor’s own actions or inactions arising from or relating to my or the Minor’s participation in the tour, whether arising from the Released Parties’ negligence or otherwise.
INDEPENDENT THIRD PARTY SERVICE PROVIDERS/ RESPONSIBILITY: I understand that Adventure to Africa uses reasonable care in the selection of its suppliers, who to its knowledge are reputable and competent based on information that is reasonably available to it. I understand that certain services reserved by the Adventure to Africa, including but not limited to transportation, including land, air and sea, hotel accommodations, restaurants, and others, may be purchased from various independent suppliers not affiliated with Adventure to Africa (“Third Party Suppliers”). These Third Party Suppliers are independent contractors only, and are not agents, partners, joint venturers or otherwise associated with Adventure to Africa. I understand further that Adventure to Africa does not and cannot control the quality of their services. I understand and acknowledge that Adventure to Africa assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, including its Third Party Suppliers, or of any other third party.
I understand further that each of these Third Party Suppliers is subject to its own terms and conditions, as well as the laws of the state or country in which the service is provided. The liability of Third Party Suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
CHOICE OF LAW, FORUM AND SEVERABILITY:
I understand and agree that this agreement shall be interpreted according to the laws of the countries that I travel to under my trip itinerary (“destination country/countries”) without regard to the conflict of law rules of that country. I further understand and agree that any dispute or legal proceeding arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed in and resolved exclusively by a court of competent jurisdiction of the destination country/countries (and in no other). I agree to personal jurisdiction in the specified forum. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
VALIDITY OF ELECTRONIC SIGNATURE: If signing electronically, I understand that a paper version of this agreement is available but I have voluntarily chosen to sign this document electronically. I understand that I can print a copy of this agreement on the Google Docs platform and that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files. In order to print and retain a copy of the agreement, I understand that I will need access to a printer. I understand that I may withdraw my consent to receive communications in electronic form by contacting us by email at info@adventuretoafrica.com.
ACKNOWLEDGEMENT OF UNDERSTANDING AND VOLUNTARY EXECUTION: I have read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntary, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I also acknowledge that I have had an opportunity to ask any and all questions that I may have, and that Adventure to Africa has answered all questions to my satisfaction. My signature applies to all pages of this document.

_____________________ ________________________ __________
Signature of Participant Print Name of Participant Date
Minors under 18 years of Age: A parent or legal guardian must sign this agreement on the minor Child’s behalf. The parent or guardian must submit their own signed agreement separately if also participating on the trip.

I am the parent or guardian of the minor. I understand the legal consequences of signing this agreement. I understand that I am responsible for the obligations of the identified minor Child as described in this agreement. I agree to be bound by the terms of this agreement.

I have read this agreement it its entirety, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me. My signature applies to all pages of this agreement.

Name of Child / Minor Participant: ________________________

Age of Child / Minor Participant:

Signature of Parent/Legal Guardian: _______________________________

Print name of Parent/Legal Guardian: ______________________________

Date: _________________

Terms and Conditions apply to all clients from time of making a deposit:

The term ATA stands for Adventure To Africa, whose office is located at 713B Massey Lane, Alexandria VA. USA The term client refers to the user/reader/purchaser of ATA  trips.

All bookings, visits to camps/lodges/car rentals and activities undertaken are subject to the Exclusion of Liability and Indemnity of ATA and/or the lodges/camps visited as mentioned below.

Adventure To Africa reserves the right, without notice, to make any changes and/or cancellations as it deems needed. ATA offers retail services to clients which are provided by separate independent suppliers/vendors/operators. ATA does not operate, control or otherwise provide the services of independent hotels/travel vendors.

ATA reserves the right to take video or photographic record of any of our trips and may use them for promotional and commercial purposes for ATA or its suppliers.

COST INCREASE:

All published costs/prices are subject to increase without prior notice. Cost increases may include currency exchange rate changes, cost of service increase by suppliers, unforeseen increase of National Park Fees or fuel surcharges. Cost increases may happen even after client has signed up for trip and paid deposit. ATA tries to limit increases as much as possible but prices are published with long lead times and it is sometimes unavoidable to incur increases. Client will be notified at least 2 months before departure should a cost increase be due.

ATA shall not be responsible for any additional expenses such as hotel nights, meals, transportation not specified in the program. This includes itinerary changes not caused  by  ATA or its suppliers. ATA shall not be liable for any cost increase due to transportation schedule changes, cancellations or missed flights. ATA shall not be responsible

Cost Increase due to Delays:

Costs of delays due to bad weather, transportation delays, strikes, wars, government interventions, sickness or any other contingency  are the sole responsibility of the client.

CHANGES IN ITINERARY AND PROVISION OF SERVICE:

ATA reserves the right to substitute any services offered to similar service in the interest of improving overall trip experiences at the current conditions. As such, the previously published itinerary and service offer is not a contractual obligation on the part of the company. Client accepts that types of transport, accommodation, service levels and itineraries may change without prior notice to local circumstance such as illness, strike, political upheaval, mechanical breakdowns, cancellations and other unforeseeable factors of any kind.

SPECIAL REQUESTS BY CLIENTS:

Client understands and accepts that any special request must be made in writing at the time of booking. ATA will make all effort and advise local supplier of requirements but does not guarantee for requests to be met. All special requests will be noted on confirmation/invoice or they are not considered arranged.

RESPONSIBILITY – PASSPORT, VISA AND HEALTH:

Client is responsible to have all travel documents in order, including but not limited to a valid passport, required number of blank pages, visa requirements, immunizations, and any other requirements particular to the country visited.

Clients have the sole responsibility of ensuring their compliance with all immigration laws of the USA as well as destination countries intended to visit.

Clients have the sole responsibility of ensuring the travel details provided match their passport information and any changes deemed necessary are at the sole cost of client.

Many areas in Africa (South Africa, Botswana, Zimbabwe, Zamiba, Mozambique, Tanzania, Kenya, Uganda, Rwanda, Namibia)   do have malaria and it is client’s responsibility to take the appropriate malaria prophylaxis as advised by physician.

TRAVEL AND EVACUATION INSURANCE:

Clients are required to have Travel and Evacuation Insurance when traveling to the following countries: Uganda, Rwanda, Madagascar, Ethiopia as well as for climbing Mt. Kilimanjaro.

CLIENTS ABOVE THE AGE OF 70 YEARS

All clients  above 70 years of age travelling with ATA need to present a note from their general physician stating that they are fit to travel.

USE OF WEBSITE:

By using and/or browsing this website you automatically agree to and are bound to  accept the terms, conditions and liability exclusions of ATA. Any use of information provided on this website is at your own risk and ATA does not take any liability whatsoever. The content of this website is subject to change without notice.

By using this website you agree that it is your own responsibility that any products, information or services available through this website meet your requirements.

ATA, and or its agents,  do not provide any guarantee or warranty in regards to the performance, completeness, information accuracy of the materials provided. Client agrees that materials may contain errors and/or inaccuracies which liability is excluded for.

Any links from our website to other websites are for your convenience only. ATA does not endorse the websites and does not take responsibility for the content of the linked websites.

CLIENT CONDUCT:

Should clients disregard safety advice and the conduct of a client endanger the safety and wellbeing of any individual in the group,  or cause distress and extreme annoyance, damage property or similar, client may be asked to discontinue the tour without compensation or refund or indemnification. This decision and evaluation lies in the hands of the tour leader or operator on the ground and ATA’s and it’s suppliers responsibility ceases.

ATA PROMISE TO CLIENTS:

ATA will make utmost effort to provide all trip details as per published programs or at levels superior to published programs.

COMPLAINTS:

Should client  have a complaint during their trip, they must notify ATA’s local supplier,  local representatives and/or the hotel management as soon as possible thereby providing the ATA’s representatives the opportunity to rectify the problem. Failure to do so will reduce or even extinguish the Client’s legal rights. If the Client feels that the complaint has not been dealt with satisfactorily during the trip, the Client should write to ATA within 21 days of return.

ADDITIONAL SERVICES:

Any services purchased locally, even if these are arranged by ATA’s local agent or supplier are not part of this contract and ATA does not take any responsibility whatsoever for the quality, safety or security of the product.

ATA shall not be responsible for any additional expenses such as hotel nights, meals, transportation not specified in the program. This includes itinerary changes not caused  by  ATA or its suppliers. ATA shall not be liable for any cost increase due to transportation schedule changes, cancellations or missed flights.

COST INCREASE DUE TO DELAYS:

Costs of delays due to bad weather, transportation delays, strikes, wars, government interventions, sickness or any other contingency  are the sole responsibility of the client.

REFUNDS FOR UNUSED SERVICES:

ATA does not provide refunds or compensation for any unused products   such as accommodation,  meals, flights,  dives,  other services or activities booked and paid for. They can not be transferred to another person. Any changes or additions are at clients expense. Activites cancelled due to bad weather can not be refunded yet attempts will be made to reschedule them. Requests for refunds due to inability to provide service because of mechanical or similar operational issues must made immediately on location and will be decided on location.

Under no circumstances will refunds be made due to natural occurances (bad visibility during diving, no show of sardines during sardine run and such happenings). Animal sightings are not guaranteed and refunds not available.

AIRLINE TICKETS AND BAGGAGE:

Airline tickets are usually non changeable and non refundable depending on the type of ticket purchased. Cancellation may result in 100% loss of all money paid towards the airline tickets. Small aircraft utilized to visit safari camps have limited baggage allowance which strictly must be adhered to for safety purposes.

Insecticide Spraying of aircraft: Some countries require insecticide spraying of aircraft prior to the flight or while you are on the aircraft. In such cases federal law requires that we refer you to DOT’s disinfection website at http://airconsumer.dot.gov/spray.htm

CAR RENTALS:

Should a car rental be included in the package, ATA only serves as the reservation facilitator and complete terms & conditions issued by the rental agency apply to the renter of the vehicle. A dispute between the rental agency and renter is to be handled by direct communication between the two parties. ATA and/or it’s owners/employees/contractors do not have any responsibility and are not liable for any charges by the car rental agency.

I understand that in case of a car rental inclusion in the package, ATA only provides the reservation for the vehicle and I am fully bound to the terms & conditions by the rental agency.

REFUND FOR UNUSED SERVICES:

There will be no refund for any service unused, cancelled,  or services deemed inferior due to weather or any other reasons not in the capacity of ATA.

COPYRIGHT:

All content and photos within this website is copyright of Adventure To Africa Inc. and may not be reproduced without our approval.

 

TRAVEL INSURANCE:

I acknowledge that I have been strongly advised to purchase travel protection/trip cancellation/interruption insurance.

 

By making a deposit, I understand and accept the above for myself and any other clients the deposit was made for.

Client agrees to inform ATA immediately in writing should client be in disagreement with any of the above.