Release, Assumption of All Risks & Binding Arbitration Agreement
Please be certain to read and sign. This is a legally enforceable waiver of rights.
Jeni-Fit and their employees, representatives and assigns (collectively Jeni-Fit) does not own or operate any entity which provides, or is to provide, goods or services for your trip, generally referred to as “Journey Fit”, scheduled to take place on (date) including, for example, lodging facilities, transportation companies, food service or entertainment providers, equipment suppliers, operators of recreational, adventure or other activities regardless of whether such activities are included as part of the Journey Fit itinerary. As a result, Jeni Fit is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
In addition, I acknowledge that I have voluntarily applied to participate in Journey Fit. I am voluntarily participating in this trip with the knowledge of the risks involved with physical activity and understand and accept that participating in the activities designated for this trip including but not limited to biking, hiking and kayaking can result in injuries ranging from minor injuries (e.g. muscle soreness, pulled muscles, strains, sprains and bruising) to infrequent serious injuries (e.g. muscle tears, herniated disks, heart attack, stroke, other cardiovascular accidents) to very rare catastrophic incidents (e.g. paralysis and death).
I acknowledge that the enjoyment and excitement of Journey Fit are derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
I acknowledge that my participation in Journey Fit is based upon trip participants executing this Release of Liability, Assumption of All Risks, and Binding Arbitration Agreement. I agree that this agreement shall be legally binding upon me personally and my heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release Jeni-Fit from any and all liability to the maximum extent permitted by law.
I agree to follow all written and verbal rules of safety presented to me by Jeni-Fit. I understand that Jeni-Fit reserves the right to refuse as a trip participant, or remove from a trip, without refund, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other trip participants, leaders or third parties, or who it determines to detract from the enjoyment of the trip by others. Jeni-Fit reserves the right to make route, hotel, itinerary and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests.
PHOTO RELEASE WAIVER: I hereby grant Jeni-Fit, LLC permission to use my likeness in a photo in any and all publications, including but not limited to, website content and social media posting. I irrevocably authorize Jeni-Fit, LLC to copy, exhibit, publish and/or distribute my photo for purposes of publicizing Jeni-Fit, LLC or for any other lawful purpose. Additionally, I waive the right to inspect or improve the finished product, including written or electronic copy, where my likeness appears and I waive any right to compensation arising from or related to the use of the photo.
KNOWING & VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this Agreement. I understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.