Please Read Carefully: This is a Legally Enforceable Contract
I voluntarily apply to participate on a trip arranged by Niteo Travel, LLC, dba Niteo Tours, with knowledge that travel to foreign countries and/ or remote areas visited by this trip involves numerous risks and dangers. I also understand that I am booking an adventure holiday and standards such as accommodations, transport, medical service and other factors will not be maintained or operated to standards common in the United States, or on a conventional holiday.
RELEASE OF LIABILITY AND ASSUMPTION OF ALL RISKS
Niteo Travel, LLC, its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively Niteo Travel, LLC) does not own or operate any entity which provides goods or services for your trip including, for example, lodging facilities, bus, plane, train, canoes, yacht or other transportation companies or devices, food service providers, equipment suppliers, etc. By utilizing the travel services of these independent suppliers, Niteo Travel, LLC, is not liable for any negligent or willful act or failure to act of any such person, or of any other third party. I understand the responsibility of Niteo Travel, LLC, is strictly limited. As a US-based adventure travel company, Niteo Travel, LLC, organizes, promotes, and sells tour programs consisting of, but not limited to, the travel services mentioned above, which Niteo Travel, LLC, purchases or reserves from various suppliers in my behalf. I am aware, and I clearly understand, that the suppliers providing travel services for tour programs sold by Niteo Travel, LLC, are independent contractors and are not agents or employees of Niteo Travel, LLC, nor does Niteo Travel, LLC, act as an agent for any supplier of travel services.
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 prepared; forces of nature; transportation failures whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; terrorism; criminal activity; dangers associated with wild or other animals; breakdown or faulty maintenance of equipment; insufficient instruction or assistance; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced luggage or property. I understand that Niteo Travel, LLC, will have no liability regarding the adequacy of any evacuation plan, medical care, equipment or supplies that may be provided. I acknowledge that the enjoyment of 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. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, LOSS, EMOTIONAL TRAUMA OR DEATH. I acknowledge that the cost of all Niteo Travel, LLC, trips is based upon trip participants executing this Release of Liability, Assumption of All Risk, and Arbitration Agreement. Therefore, as lawful consideration for being permitted to participate on such trip(s), I HEREBY RELEASE AND DISCHARGE FOREVER NITEO TRAVEL, LLC, FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TRIP. I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release Niteo Travel, LLC, from any and all liabilities to the maximum extent permitted by law.
I accept that this contract was entered into and performed in the city of Rock Hill, South Carolina. In the unlikely event of any dispute concerning, relating, or referring to this contract, the catalog, or any other literature concerning my trip, or the trip itself, I agree to the following conditions: 1) the dispute shall be resolved exclusively by binding arbitration in Rock Hill, South Carolina according to the then existing rules of the American Arbitration Association; 2) the maximum amount of recovery to which I will be entitled from Niteo Travel, LLC, under any and all circumstances shall not exceed the amount of the fee paid to Niteo Travel, LLC, for professional services, less actual expenses incurred in arranging my travel. Such proceedings will be governed by South Carolina law. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force.
KNOWING AND VOLUNTARY EXECUTION
My/our signature on the Tour Registration Form certifies that I have carefully read and fully understand the contents of this agreement including the Terms and Conditions, especially those regarding cancellation and refund policies, limitation of liability, and responsibility borne by trip participants. On the advance of a deposit to Niteo Travel, LLC, the depositor, his or her family and heirs agree to be bound by the above Liability Release and Terms and Conditions.
I understand that this is a legally binding contract and I sign it of my/our own free will.