Waiver and Disclaimer of liability
The undersigned customer ("Customer") acknowledges that WTA acts solely as the booking agent for the outfitters, guides, transportation providers, hotels, game lodges, and any and all other service providers used in connection with Customer's trip, and a portion of the price paid by the Customer for the trip may be shared with outfitters, guides, transportation providers, hotels, game lodges, and any and all other service providers. Customer acknowledges WTA does not provide any of the above services which will or may be used during the trip. However, WTA may receive a fee or commission as the booking agent. WTA makes reasonable efforts to investigate and book with providers who are of good quality. Customer acknowledges that it is not feasible for WTA to continually investigate status and availability of services offered by providers, financial condition of providers, or the potential success of Customer's trip in terms of quality (trophy) or quantity of fish or game that may result from the trip, nor the affect of poor weather conditions on the trip.
Customer acknowledges and agrees that trip descriptions on the WTA website, catalog, or other media are the responsibility of the trip outfitter and WTA will not be liable for the accuracy of, or any errors or omissions contained within, any trip description. Except as provided in this Agreement, WTA does not make any representations or warranties with respect to the trip, the accuracy of any description or any other matter arising out of or related to the trip.
In partial consideration for WTA acting as the booking agent for the service providers for Customer's trip, Customer, for himself/herself, and his/her personal representatives, heirs, successors and next of kin hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE WTA or any of its affiliates, and their officers, members, managers, employees and agents (hereinafter referred to as the "WTA Releasees") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, expenses, damage, injury, including death, that may be sustained by Customer, or to any property belonging to Customer, whether caused by the negligence of WTA Releasees or any service provide or otherwise, while participating in the trip. Customer further agrees to INDEMNIFY AND HOLD HARMLESS WTA Releasees from and against any loss, liability, expense, damage or costs, including court costs and attorneys' fees that WTA Releasees may incur due to Customer's participation in the trip, whether caused by the negligence of WTA Releasees, service providers or otherwise.
Customer acknowledges that the trip may involve inherently dangerous activities and risks and that the trip may require extreme physical activity. The risks include, but are not limited to, those caused by terrain, facilities, adverse weather, defective or faulty equipment, lack of access to emergency medical care, death or serious injury, and actions of other people, including, but not limited to, other participants, outfitters, and service providers. Customer is fully aware of the risks and dangers connected with the trip, including but not limited to the risks as noted herein, and Customer hereby accepts all risks arising out of and relating to his/her participation in the trip. Customer represents that he/she is in good physical condition, which is suitable for the trip selected and there are no health related reasons or problems which preclude or restrict his/her participation in the trip.
Customer agrees that WTA's liability for damages arising out of the trip shall be limited to and not exceed the portion of the price paid by Customer for the trip which represents fees to WTA. Customer agrees that neither WTA nor its employees shall be liable for special, indirect, incidental or consequential damages arising out of or related to any of the transactions contemplated by this Agreement. Customer agrees that WTA and its employees shall not be liable for the loss of or damage to any baggage, equipment, or other personal items and such items are the sole responsibility of Customer at all times.
To the maximum extent permitted by law, WTA makes no warranties express or implied concerning services provided, the trip, or the services of the trip outfitter. wta expressly disclaims and customer hereby waives Any and all implied warranties, including the implied warranty of merchantability and fitness for a particular purposes.
Customer agrees to be responsible for the costs of all accommodations and transportation for overnights enroute to and from the trip destination which are caused by bad weather, flight schedules, over booking or cancellations, other events beyond the reasonable control of WTA, or which are not specifically included in the bookings made for Customer by WTA. Customer agrees that WTA shall not be responsible for the return of any deposits and/or payments due to the cancellation or change of schedule by Customer or by any provider of services other than WTA.
WTA reserves the right to cancel any trip prior to departure or to refuse any person as a member of any trip, in which case, WTA shall make a full refund which will constitute final and complete settlement with Customer. Customer acknowledges that all quoted rates, prices, and fees are subject to change without notice and Customer agrees to pay the same as a condition of proceeding with trip or have the option to cancel with full refund.
Customer grants WTA permission to use Customer's name, actual or paraphrased statements, and photographic and/or video images delivered or transmitted by Customer to WTA for the purpose of marketing, publicizing, and promoting the trip and/or WTA without additional approval by Customer. Customer waives any right to be compensated for the use of his/her name, statements and images, and releases WTA from liability for any claims, where such claims arise out of or relate to WTA's use of Customer's name, statement or image(s). Customer represents and warrants that all photographic and/or video images: (A) were created solely by Customer or by others who assigned all rights, title, and interest in their work to Customer; (B) The images and any intellectual property rights protecting the images are free and clear of all encumbrances; (C) The use of the images does not violate the rights of any third parties including, but not limited to, copyrights, trademarks, publicity, and privacy; and (D) To the best of Customer's knowledge the images do not require the payment of any fees to any third parties (e.g. SAG, AFTRA, etc.).
DEPOSITS AND PAYMENT SCHEDULE
Payment schedule for all trip reservations are as follows unless otherwise specified in writing by WTA a 50% deposit is required to confirm the dates and book the trip. Some trips, arranged more than a year in advance, only require a 25% deposit. In this case, another 25% deposit is due one year prior to the start date of the trip. Trip balances are due to WTA 60 days prior the start dates of the trip (unless otherwise specified). If deposits are not received per the payment schedule, and customer fails to respond to payment notification by WTA within 10 days following notice from WTA, all deposits and payments shall be forfeited.
If WTA does not receive this signed document within 60 days after the booking date of the trip, or along with the deposit if the trip is to take place within 30 days of booking, all deposits and payments may be forfeited.
Customer acknowledges that insurance has been offered for purchase that would provide compensation for lost or damaged luggage, trip cancellation, medical expenses, medical evacuation, and supplier bankruptcy. WTA highly recommends that all customers purchase trip cancellation insurance!
Except as specifically provided below, deposits are non-refundable. Customer acknowledges that WTA has no obligation to return a Customer's deposit.
Cancellation Policy Not Covered By Trip Insurance: If Customer finds someone to take their place on a trip, penalties may not apply. In the event the Customer decides to cancel a trip, WTA will work with the customer to try to re-book the trip. A written notice of cancellation (on a form provided by WTA) is required prior to WTA putting the trip up for sale. If WTA is able to rebook the trip, a 15% (of the total value of the trip) cancellation penalty will apply and the remainder of your deposit (if any) will be refunded. If WTA is able to rebook the trip and you decide to roll your deposit to another trip of equal or greater value within a year of the trip cancellation date, the 15% cancellation penalty will be waived. If the trip does not sell or is cancelled less than 60 days prior to (i) the trip or (ii) a license application deadline, all deposits and payments are forfeited and Customer is responsible for any remaining balance. WTA is under no responsibility to rebook a cancelled trip or to put a cancelled trip up for resale. WTA will in no way be responsible if a cancelled trip is not rebooked or resold and all deposits will be retained by WTA.
Cancellations Covered By Trip Insurance: Contact WTA and your insurance carrier. WTA will supply the insurance company with pertinent documents to help process your claim.
Any disputes which may arise between WTA and the Customer arising out of the trip, or this Agreement, shall be heard solely in the appropriate state or federal court located within the State of Michigan and in no other jurisdiction. Customer specifically submits to the personal jurisdiction of such court within the State Michigan. Customer agrees that Michigan law shall govern the rights and liabilities of the parties, without giving effect to any conflict of law principals. This Agreement, together with the invoice referenced at the top of this Agreement, represent the entire agreement between the parties and supersedes any prior or contemporaneous oral or written understandings between the parties.
WTA and Customer shall for all purposes hereunder be considered independent contractors. This Agreement is not intended in any manner to create the relationship of principal and agent between WTA and Customer, nor shall this Agreement be deemed to establish a partnership, joint venture, fiduciary or employment relationship.
This Agreement may be signed and executed in any of the following ways (1) by mailing or delivering the signed Agreement back to WTA; (2) by emailing a scanned copy of the signed Agreement to WTA; (3) by faxing a copy of the signed Agreement to WTA; or (4) electronic signature. If the signed Agreement is emailed, faxed, or signed electronically, Customer agrees that such signature and document shall be treated in all respects as having the full force and same effect as a document provided to WTA containing an original handwritten signature.
The undersigned has read and voluntarily signs this Agreement and agrees that no warranties, oral representations, statements, or inducements, other than those contained in this Agreement, have been made to or relied upon by Customer in selecting or booking the trip. Furthermore, by Customer's signature below, Customer agrees to pay according to the payment schedule as set out in the Worldwide Trophy Adventures invoice referenced for the trip at the top of this document.