Waiver of Liability:
I, _____________, and everyone in my traveling party, understand and acknowledge that Spirited Navigators, LLC is acting solely as an agent in arranging tours, transportation, venues, and other services and that Spirited Navigators, LLC does not assume liability for any and all claims, including claims stemming from or related to personal injury, illnesses, accidents, death, property loss, or any other loss or grievance, arising from participation on any tour, activity or event offered, conducted or promoted by the company (hereinafter referred to as “Activity”), or while in the presence of company Staff, even if due to negligence of the Company, its Staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic.
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I, _____________, and everyone in my traveling party, understand and acknowledge that the Tour may involve transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation by Third-Party Transportation Companies.
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I, ____________, and everyone in my traveling party, acknowledge and understand the inherent risks associated with these methods of transportation and acknowledge that I (we) do not have any medical condition(s) that would prevent me (us) from using these methods of transportation or result in any injury or harm myself (ourselves) as a result of using these methods of transportation.
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I, ___________, and everyone in my traveling party, understand and acknowledge, that while Spirited Navigators, LLC will exercise ordinary and reasonable care in selecting third-party transportation, Spirited Navigators, LLC assumes no responsibility or liability, nor does it grant any express or implied warrantied relating to the operation of any Third-Party Transportation Company motor vehicle used for conveyance on the Tour.
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I, __________, and everyone in my traveling party, further agree that if I (we) violate this agreement and attempt to bring suit against any part of parties named herein, that I (we) will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
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Assumption of Risks:
I, ______________, and everyone in my traveling party, knowingly, willingly, and voluntarily assume any and all risks associated with traveling or transport to, before, during, and/or returning back from, the site of an Activity, including but not limited to transportation offered by ________________________ (the Third-Party Transportation Company).
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Indemnification and Hold Harmless:
I, ____________, for myself, and my personal assignees, representatives, or heirs, and everyone in my traveling party, their personal assignees, representatives, or heirs, agree to indemnify and hold harmless the Spirited Navigators, LLC and/or Spirited Navigators, LLC Staff from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my use of any third-party transportation, and to reimburse the Company and/or staff for any such expenses incurred in the course of and in defense of such action(s).
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Severability:
I, _____________, and everyone in my traveling party, expressly agree that the foregoing conditions, terms, and clauses are intended to be as broad and inclusive as permitted by law in the State of New Jersey and that if any portion, section, or clause thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
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Acknowledgment of Understanding:
I, ____________, and everyone in my traveling party, have read the Spirited Navigators, LLC Third-Party Transportation Company Policy and Waiver of Liability in its entirety, fully understand its terms, and understand that I am (we are) giving up substantial rights, including my (our) right to pursue legal action. I (We) acknowledge that I am (we are) making this agreement freely and voluntarily, and intend by purchasing, booking or reserving a ticket(s) or reservation(s) to completely and unconditionally release Spirited Navigators, LLC, and Staff of all liability to the greatest extent allowed by law.
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