WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY
In exchange for my permissions to participate in this journey, I agree to and acknowledge the following:
1. SERVICES. I understand that Michal Zygmunt Pomianowski, and his respective agents, and all others working for or with him or on his behalf, and their respective parents, subsidiaries, affiliates, related entities, employees, directors, officers, contractors, licensees, successors, clients, and assigns (hereinafter collectively referred to as the “Sound Traveler”), is engaged in the business of hosting travel journeys, hiring private transportation, leading guided events, presenting outdoor activities including but not limited to hiking, zip-lining, water sports, horseback riding, etc. and engaging in any other endeavor permitted by law.
2. VOLUNTARY AGREEMENT. I voluntarily choose and wish to enter into this agreement and to engage in some or all of the foregoing activities, or involvement of any nature with the Sound Traveler.
3. FITNESS AND ABILITY TO PARTICIPATE. I am physically, medically and mentally able to participate in this journey and acknowledge that I am solely responsible for educating myself of all potential hazards, taking all necessary precautions, and outfitting myself with proper gear and clothing, ensuring appropriate hydration, equipping myself with adequate technical knowledge, and to using all such knowledge and skills effectively. I further agree to notify Sound Traveler of any changes to my personal information or circumstances relevant to my participation in this journey, and agree that Sound Traveler will not be liable for any issues resulting from my failure to keep it informed of the same in a timely manner. Finally, I herein agree to abide by all laws and regulations, and agree that my failure to do so shall result in my immediate removal from any and all Sound Traveler events and activities, without reimbursement to me of any monies paid for such services.
4. TERM. I understand and agree that the term of this Agreement shall begin upon my online acceptance of the terms of this agreement and shall extend through the latest date of the following: the last date I engage with the Sound Traveler, participates in any events with Sound Traveler or remains upon any properties booked by Sound Traveler, unless this agreement is terminated prior to that date as set out hereinafter.
5. COSTS. I acknowledge and agree that I am fully and solely responsible for arranging and paying for all of my own costs beyond those specifically outlined by Sound Traveler, including all of my outside costs for food and beverages, medical and other personal expenses. I am solely responsible for all of my valuables. I further understand and agree that I am responsible for reimbursement to Sound Traveler on demand at the sole discretion of the Sound Traveler any expenses incurred by Sound Traveler on my behalf outside of the scope of the original payment agreement.
6. LIABILITY AND ASSUMPTION OF RISK: I understand and agree that Sound Traveler, and all others working for or with it or on their behalf, and their respective parents, subsidiaries, affiliates, related entities, employees, directors, officers, contractors, licensees, successors, clients, and assigns will not be responsible for any costs arising from any accidents, injuries or illnesses incurred by me. It is my responsibility to alert Sound Traveler of any medical conditions in writing in advance. Potential hazards that I should be aware of and take care in avoiding for which Sound Traveler is not responsible include, but are not limited to, any and all transportation related activities, including by means of cars, horses, four by four vehicles, helicopters, boats, motorcycles, bicycles, surfboards, zip lines, hang glides and any other methods of transportation, and both known and unforeseeable dangers including personal injury from recreational activities, natural occurrences such as flash flooding, and bites or attacks from venomous animals such as spiders and snakes. I UNDERSTAND AND ACKNOWLEDGE THAT SOUND TRAVELER ACTIVITIES, EVENTS AND SERVICES CAN BE HAZARDOUS AND MAY PRESENT A RISK OF PHYSICAL INJURY OR DEATH.
7. REMOTE LOCATION ACKNOWLEDGEMENT. Access to emergency services and evacuation can be delayed for circumstances outside of the control of Sound Traveler including but not limited to issues such as heavy rains, river flooding, government roadblocks, etc. Sound Traveler maintains systems to safely evacuate persons in need of emergency medical attention in the safest manner possible, however, I hereby acknowledge my understanding that immediate evacuation is not always feasible. Sound Traveler herein reserves the right to exclude or remove me from activities or venues secured by Sound Traveler if deemed necessary Sound Traveler at its sole discretion.
8. INDEMNIFICATION. I hereby agree to defend, indemnify and hold harmless Sound Traveler and its licensees, successors and assigns, and its and their respective officers, directors, shareholders, employees, representatives and agents, and any persons or entities, in whole or in part, owning, financing, and/or otherwise involved in Sound Traveler, rom and against any and all claims, liabilities, losses, judgments, damages, costs and expenses (including, without limitation attorneys' and accountants' fees and costs and court costs, whether or not in connection with litigation) (collectively, "Damages") arising in whole or in part out of any Sound Traveler activities, events or services, INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. By execution of this release, I AGREE NOT TO SUE THE SOUND TRAVELER OR ANY RELEASED PARTY and agree that I am releasing any right to make a claim or file a lawsuit against Sound Traveler or any released party. I further agree that my defense and indemnification of Sound Traveler for any and all claims shall extend to claims both arising on behalf of me as well as those arising from any third party arising in whole or in part from my participation in any Sound Traveler activities, events and/or services. I further agree to pay all costs and fees incurred by the Sound Traveler in defending any and all claims or suits brought by or on behalf of me, including reasonable attorneys’ fees and costs, or arising from any breach by me of this Agreement.
9. RIGHT TO REFUSE PARTICIPATION. The Sound Traveler reserves the right to refuse entry to or participation in any event, activity or service to any Participant deemed unfit to engage in any event, activity or service at Sound Traveler’s sole discretion. I further agree that In the event of a dispute, to ensure my safety and that of all others during Sound Traveler events, I herein agree that Sound Traveler’s discretion shall control at all times and in all cirucmstances.
10. INSURANCE. I am required to secure adequate insurance coverage at my own cost for all potential harm, with coverage types and amounts to be determined by me and my insurance agent. Sound Traveler may request proof of my insurance coverage at it’s sole election and I hereby acknowledge that Sound Traveler will not provide insurance coverage of any kind for me.
11. PERSONAL RESPONSIBILITY. I herein agree to act in accordance with my independent, responsible judgment. Sound Traveler will not be responsible for my intentional, criminal, and/or negligent acts, or any damages resulting therefrom. While Sound Traveler strives to assist all participants in making informed and educated decisions, including those for medical treatment, I herein acknowledges that such decisions are ultimately my responsibility.
12. EARLY TERMINATION. I agree to provide immediate written notice to Sound Travele and ensure its valid delivery in the case of my illness or other circumstances which might prevent me from engaging in activities for which I previously paid. No refunds shall be guaranteed and may be granted on a case by case basis, solely at the election of Sound Traveler.
13. FORCE MAJEURE. I hereby agree that Sound Traveler’s obligation to perform hereunder will be excused in the case of a Force Majeure event. A “Force Majeure Event” includes, without limitation: acts of God, war, revolution, civil riot, disaster, acts of public enemies, blockade or embargo, strikes, any law, order, proclamation, damage to the venue where any Sound Traveler event is scheduled to be held rendering it unsafe or unsuitable for Sound Traveler activities, events or services, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, that is beyond the reasonable control of the Sound Traveler and that prohibits the Sound Traveler’s performance of its obligations under this agreement, at Sound Traveler’s sole discretion.
14. COPYRIGHT RELEASE: I hereby agree and grant to Sound Traveler an unlimited license throughout the universe, in perpetuity to use and exploit, edit, distribute and reproduce an unlimited number of times any written, verbal, musical, audiovisual, pictorial or other artistic work prepared by me, for any lawful purpose determined by Sound Traveler, utilizing any media or distribution method now known or hereinafter devised, as determined by Sound Traveler in its sole judgment, including for purpose of marketing, advertising and trade without any further compensation due to me and without any further permissions required from me. The terms of this paragraph shall survive the termination of this agreement and shall remain binding upon the parties hereto and of full force and effect following termination of this agreement.
15. NAME AND LIKENESS RELEASE: I hereby grant to Sound Traveler the perpetual, non-exclusive right, but not the obligation, to use and authorize others to use my name(s), sobriquet(s), voice (including, but not limited to, any catchphrases, slogans, verbal expressions or terms associated with me, my image, photograph, personal characteristics, actual or simulated likeness, expressions, performance, attributes, personal experiences and biographical information (collectively “Name and Likeness”) as Sound Traveler elects in and in connection with the production, distribution, advertising, publicity, promotion, merchandising, publishing, exhibition and other exploitation of all versions and formats of Sound Traveler materials as Sound Traveler so chooses at Sound Traveler’s sole election and its licensees, sublicensees and assigns (including all advertising, publicity and promotion and materials associated therewith), without limitation, in any manner, in any and all media and by any means now known or hereafter devised (including, but not limited to, use in and in connection with publishing, tie-ins and merchandise, as well as in connection with or on materials which package or enclose any such items) and no additional payment shall be required for any such uses. Sound Traveler may include photographs or other images or depictions of my Name and Likeness in or in relation to any exploitation of the Sound Traveler projects in any and all documentaries, “behind-the-scenes,” “the making of” featurettes, promotional films and videos of the Sound Traveler projects in any manner and by any means throughout the universe for perpetuity.
16. IDENTIFICATION and VISAS: Participant represents and warrants that Participant has provided to Sound Traveler all identification, documentation and/or other information requested or required by Sound Traveler in connection with Sound Traveler’s required record-keeping and identification verification obligations. Sound Traveler may request, without limitation: (a) Participant’s full legal name; (b) Participant’s current address; (c) Participant’s date of birth; and (d) a legible photocopy of Participant’s valid government-issued passport, and that all such information and documentation is valid, true and accurate as of the date provided to Sound Traveler by Participant. Participant further represents and warrants that Participant has obtained and will maintain at all times during which this Agreement is in effect, any and all passports, visas, work permits, immigration clearances and all other clearances and permits necessary to enable Participant to perform Participant's duties hereunder in the jurisdictions in which services are contemplated (collectively, "Clearances"). Such Clearances shall be valid and effective during the period Participant wishes to engage with Sound Traveler in all such jurisdictions, and Participant's obtaining and maintaining such Clearances shall be a condition subsequent to Sound Traveler’s obligations hereunder.
17. CONTROLLING LAW. This Agreement shall be construed and enforced in accordance with the internal, substantive law of Poland, applicable to contracts negotiated, executed, and fully performed within that territory, regardless of where performance of this Agreement may actually occur. For any claim submitted to arbitration, the burden of proof shall be as it would be if the claim were litigated in a judicial proceeding and the decision shall be based on the application of internal substantive Polish law. The parties agree to submit to the in personam jurisdiction of the Court of Poland. Should any section or part of a section within this Agreement be rendered void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable part had been severed and deleted.
18. MISCELLANEOUS. All notices and payments hereunder shall be given in writing either by personal delivery or by mail (postage prepaid) to the party at the applicable address(es) set forth in the agreement, or to such other address(es) as either party may designate from time to time in writing, or via electronic mail. This agreement may be signed in any number of counterparts, and may be executed employing electronic media technologies including the internet and electronic signatures, which, when taken together, will constitute one instrument, validly executed upon electronic signature or so-called “click-through” approval.