I understand that I am required to read carefully and sign a Release of Liability and Assumption of Risk form from Northstar Travel & Associates (Agency)/ Michael Snider (Agent)/ Ryan Snider (Associate), confirming that I accept that Northstar Travel & Associates (Agency)/ Michael Snider (Agent)/ Ryan Snider (Associate) [hereinafter referred to collectively as the “Releasers”] will assist or advise me, but it is my responsibility to ensure that passports, visas, travel permits, insurance, health certificates, inoculations, and/or other documentation required are obtained, current, and in order.
I am aware that adventure travel, whether in inhabited or remote areas, including, but not limited to, travel by airplane, train, mini-bus, automobile, boat, horseback, elephant-back, other conveyance, or on foot, contains inherent risks of illness, injury, death or loss and damage of property, which may be caused by negligence of others, forces of nature, and other causes known or unknown. I recognize that such risks may be present at any time before, during, and after the trip that I am participating in under the arrangement of the “Releasers” and its guides, agents and associates. I am also aware that medical services or facilities may not always be readily available during the time I am participating in this trip.
In consideration of, and the right to participate in this trip, and the activities, services and food arranged for me by the “Releasers” and its guides, agents and associates, I
hereby certify that I have read and fully understand all of the above. I agree, for myself, my heirs and my personal representatives, and, on behalf of any minors accompanying me of whom I am a legal guardian agree, to hold harmless, release, forever discharge, defend and indemnify its guides, officers, members, managers, owners, employees, suppliers and agents [collectively, the “Releasers”], for and from any accidents, claims, losses, damages or liabilities, including, without limitation, death, disability, injury, or loss or damage to the “Releaser” or anyone else, or to the “Releaser’s” or anyone else’s property, which might occur in connection with my participation in this trip or as a result thereof.
I freely, voluntarily and expressly assume any and all risks with respect to the activities and circumstances described herein, and pledge not to sue or initiate any other legal action against the “Releasers” on account of any resulting losses, claims, costs, liabilities or damages. Further, I agree not to claim the unenforceability of this Agreement. I agree that the foregoing release of liability and assumption of risk shall be binding upon me personally, as well as upon my heirs, executors and administrators, and members of my family, and shall be binding upon any minors accompanying me of whom I am the legal guardian.
This Agreement is governed by the laws of Ontario, Canada without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement.
Except as otherwise provided in subparagraph (d) below, any controversy or claim arising out of this Agreement, or with respect to the subject matter hereof, will be settled by arbitration before a single arbitrator in Ontario Canada pursuant to the following terms:
- If the parties agree on an arbitrator, the arbitration will be held before the arbitrator selected by the parties. If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the designated arbitrators. Each arbitrator will be an attorney knowledgeable in the area of business law.
- The arbitration will be conducted in accordance with the then-current rules of the Canadian Arbitration Association.
- The resolution of any controversy or claim as determined by the arbitrator will be binding on the parties.
- A party may seek from a court an order to compel arbitration, or any other interim relief or provisional remedies pending an arbitrator’s resolution of any controversy or claim. Any such action or proceeding will be litigated in courts located in Ontario, Canada.
I have read the conditions on the two pages above and they form part of this contract. I undertake on my own behalf to accept the stated terms and conditions as printed above.
