Liability Release & Assumption of Risk Agreement
VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
I acknowledge that I have voluntarily chosen to participate in a trip arranged by Safari Curators, LLC. In so doing, I acknowledge that I may be subjecting myself to dangers and hazards, which could result in illness, injury, or death. I also acknowledge that there are inherent risks and dangers, which may arise at any time during the trip. I am specifically familiar with and accept the risks of the dangers and hazards for this type of adventure travel which include but are not limited to strenuous physical activities, wild animals, insects, unpredictable terrain and inclement weather. I am aware that medical services or facilities may not be available while I am participating in the trip. In order to partake of the enjoyment and excitement of this adventure travel trip I am willing to accept the risks and uncertainty involved as being an integral part of the adventure. I agree to assume all risks of illness, injury or death.
RELEASE AND COVENANT NOT TO SUE
I understand that Safari Curators, LLC will contract with independent contractors to provide services on this trip, including transportation, travel services, and guide services.
I understand and acknowledge that Safari Curators, LLC has no control over and assumes no responsibility for the actions of any independent contractors, and that no independent contractor has authority to make commitments for or on behalf of Safari Curators, LLC.
In the event of a failure to deliver by a contracted supplier, Safari Curators, LLC, has a duty to find the best suitable alternative service as a replacement. As consideration for my being permitted to participate in the trip and for Safari Curators, LLC’s services, I agree that neither I, nor any of my heirs, personal or legal representatives, successors, assigns or next of kin will bring suit against Safari Curators, LLC, a Wyoming registered limited liability company doing business as Safari Curators, LLC, for any loss, damage, injury or death as a result of any acts or omissions by Safari Curators, LLC, or its officers, directors, shareholders, agents, employees, volunteers, or its independent contractors.
I hereby release, waive, discharge, indemnify, and covenant not to sue Safari Curators, LLC, or its officers, directors, shareholders, agents, employees, volunteers, or its independent contractors for any and all claims of whatever kind arising from my participation in the trip, including, but not limited to, personal injury, illness, death, damage, or monetary losses.
ARBITRATION
Any controversy or claim arising out of or relating to this agreement or the performance thereunder, including without limitation any claim related to loss, illness, injury, or death, shall be settled exclusively by binding arbitration in the state of Wyoming, or another location mutually agreeable to the parties in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.
A single arbitrator will be selected in accordance with the AAA Rules. The arbitrator must have experience with and knowledge of adventure travel law and contract law. Each party shall each pay their own filing fees and an equal share of the arbitrator’s fees and any administrative fees of the arbitration. However, if the arbitrator issues an award in favor of Safari Curators, LLC, I shall reimburse Safari Curators, LLC for their share of these costs.
The prevailing party in such arbitration shall be entitled to an award of reasonable attorneys’ fees and costs incurred in connection with the arbitration including but not limited to attorneys’ fees, expert witness fees, and costs incurred by Safari Curators, LLC. Arbitration as set forth in this agreement is my sole remedy, and the costs provisions contained herein are an integral part of the agreement to arbitrate. This agreement to arbitrate does not waive or modify the liability release contained in the foregoing paragraphs.
INDEMNIFICATION
I agree to indemnify, defend, and hold harmless Safari Curators, LLC and its officers, directors, employees, agents, and affiliated entities (collectively, ‘Indemnified Parties’) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that the Indemnified Parties may incur as a result of or arising from the Participant’s participation in the trip, including but not limited to any acts of negligence, malfeasance, or non-compliance with the terms of this Agreement by the Participant, or as a result of the Participant’s violation of any laws or the rights of any third party. This indemnification obligation will survive the expiration or termination of this Agreement.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read Safari Curators, LLC reservation information, I have familiarized myself with all the information provided to me about this trip, and I agree to all stated conditions set forth in the reservation information, specifically including the section outlining the terms and conditions of this agreement. I understand that it is a release of liability and a contract between myself and Safari Curators, LLC and/or its contracted tour operators and affiliated organizations, and I sign this agreement of my own free will. This agreement is binding on my heirs, legal representatives and assigns.
INTEGRATION AND SEVERABILITY
Subject to the obligations and duties set forth herein, this Liability Release and Covenant Not to Sue, Safari Curators LLC, Terms & Conditions, and Travel Insurance Acceptance Form, all of which are incorporated herein by this reference, express the full and complete agreement and contract of the parties here to. In the event that any term or terms of these documents are declared invalid by an arbitrator or court of law, such declaration shall not affect the remainder of the terms of the agreement, which shall be valid and enforceable.
ELECTRONIC SIGNATURES
This Agreement may be executed and delivered by electronic means and upon such delivery the electronic signature will be deemed to have the same effect as if the original signature had been delivered to Safari Curators, LLC. I understand that typing my name below constitutes a legal signature confirming that I acknowledge and agree to the above Liability Release & Assumption of Risk Agreement.
OR
Signature of parent or guardian of participant (if applicant is under 18 years of age). If I am signing on behalf of a minor I agree to RELEASE, HOLD HARMLESS AND INDEMNIFY the entities named above for any claims of the minor.











