Release of Liability and Assumption
of All Risks
By submitting this application, the person
whose name appears hereon (referred to as "I" or "me")
hereby acknowledges and agrees as follows: ECOGREECE LLC, and
its employees, members, managers, subsidiaries, affiliates,
officers, directors, successors, agents and assigns (collectively
ECOGREECE) do not own or operate any entity which is, to, or
does provide goods or services for my trip including, for example,
lodging facilities, transportation companies, food service providers,
etc.
As a result, ECOGREECE is not liable for
any negligent or willful act or failure to act of any such person,
or of any other third party. I acknowledge that I have voluntarily
applied to participate in the trip designated on this application
(or a trip to which I may subsequently transfer). I am voluntarily
participating in this trip with the knowledge of the numerous
risks and dangers involved including but not limited to: physical
exertion for which I am not adequately prepared; forces of nature;
travel, whether in civilized or remote area and by plane, train,
auto, boat or other conveyance, or on bicycle, ski, horseback,
by foot or other form of active or adventure travel; consumption
of alcoholic beverages; civil unrest; terrorism; breakdown of
equipment; high altitude; accident or illness without access
to means of rapid evacuation or availability of medical supplies;
the adequacy of medical attention once provided; or negligence
on the part of ECOGREECE and any company or person providing
goods or services hereunder.
I agree to follow all written and verbal
rules of safely presented to me by ECOGREECE, any company providing
goods or services hereunder, or any duly authorized agent thereof.
I acknowledge that the enjoyment and excitement of adventure
travel is 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, ILLNESS, INJURY, EMOTIONAL,
TRAUMA OR DEATH.
I acknowledge that the prices of all trips
sold by ECOGREECE are based upon trip participants executing
this Release of Liability and Assumption of All Risks, and my
execution of this Release of Liability and Assumption of All
Risks is a material part of the consideration for this transaction.
Therefore, as lawful consideration for being permitted to participate
on such trip(s), I hereby RELEASE AND DISCHARGE FOREVER ECOGREECE
AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS,
SUCCESSORS AND ASSIGNS, AND EACH OF THEM (COLLECTIVELY, THE
"Releases"), FROM AND AGAINST ANY AND ALL CLAIMS OR
LIABILITIES ARISING FROM MY PARTICIPATION IN THE TRIP DESCRIBED
HEREIN.
I agree that this release shall be legally
binding upon me personally, all members of my family and all
minors traveling with me, my heirs, successors, assigns and
legal representatives, it being my intention to fully assume
all the risk of travel and to release the Releases, and each
of them, from any and all liabilities to the maximum extent
permitted by law. I understand that ECOGREECE reserves the right
to refuse participation to any person it judges to be incapable
of meeting the rigors and requirements of participation in the
activities.
I understand that ECOGREECE reserves the
right to take photographic or film records of any of its trips
and hereby agree that ECOGREECE may use any such photographic
or film records for promotional and/or commercial purposes,
as well as approve such use by third parties with whom ECOGREECE
may engage in joint marketing, without any remuneration to me.
I hereby assign to ECOGREECE all right, title and interest I
may have in or to any and all media in which my name or likeness
might be used by ECOGREECE.
BINDING ARBITRATION: I agree that any dispute
concerning this contract, the brochure, or any other literature
concerning my trip, or the trip itself shall be resolved exclusively
by binding arbitration according to the then existing rules
of the American Arbitration Association in Los Angeles, California.
Such proceedings will be governed by substantive California
law excluding any application or consideration of the California
Arbitration Act.