INFORMED CONSENT, ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK, AND WAIVER AND RELEASE OF CLAIMS
WHEREAS, I have requested to participate in the Activities offered by Vietnam Battlefield Tours, and have paid good and valuable consideration to Vietnam Battlefield Tours in exchange for the services it offers, the parties hereby agree as follows:
I acknowledge that this Activity or event may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, guides and lack of hydration. These risks are not only inherent to participants, but are also present for Vietnam Battlefield Tours personnel.
Activities include walking, hiking, climbing trails and stone stairs (the "Activities"). Conditions encountered include potential extreme temperatures that may exceed 100F and strong wind and rain. Visiting battlefields includes the chance to be near to domestic animals and wildlife. Battlefields may include random unexploded ordnance, thus staying on established trails in imperative. Important issues include: maintain hydration and personal health, do not pet animals and do not touch or pick up any ordnance or anything not identified.
I certify that I am physically fit, have sufficiently prepared or trained for participation in the Activity or event, and have not been advised to not participate by qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Activity or event. I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any Activity or event. I acknowledge I have been informed of the need for a physician's approval for my participation in the Activities. I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in the Activities. I acknowledge I have either had a physical examination and been given my physician's permission to participate, or if I have chosen not to obtain a physician's permission prior to participating in the Activities, I acknowledge I am doing so at my own risk.
I affirm that I am fully capable of participating in this tour Activity and that my general health is good, that I do not have any condition that might endanger the life or health of myself or others participating in any Activity. I affirm that I know of no reason why I should not participate.
I understand that no Activity program is absolutely safe and free of risk. I agree to assume full responsibility for myself and that of my family. I expressly assume all risk and responsibility involving accidents sustained while participating in Vietnam Battlefield Tours activities resulting from negligence on my part, that of my family or employees, officers, directors or agents of Vietnam Battlefield Tours.
In consideration of Vietnam Battlefield Tours' agreement to provide services, I hereby agree to release and hold harmless Vietnam Battlefield Tours, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities or any and all acts or omissions, including negligence by Vietnam Battlefield Tours and its representatives. This waiver and release of liability includes, but is not limited to, (a) Injuries and/or death to myself and/or others, including but not limited to Vietnam Battlefield Tours personnel, that may occur as a result of (i) any and all slips, falls, or other injuries resulting from Activities; (ii) any hazardous condition that may exist on the premises, including, but not limited to, natural or artificial conditions or objects, ordnance, wildlife, human activity, and disease; and (iii) negligence by Vietnam Battlefield Tours, its employees, agents, representatives, and contractors; (b) damage to property.
BY SIGNING THIS AGREEMENT I AFFIRM THAT I HAVE READ AND UNDERSTOOD EACH OF THE ABOVE PARAGRAPHS AND HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN EACH ACTIVITY CONTEMPLATED, HAVING ACKNOWLEDGED AND ASSUMED THE RISK IN PARTICIPATING IN THE ACTIVITIES, AND WAIVING ANY POTENTIAL CLAIMS AGAINST VIETNAM BATTLEFIELD TOURS.
Participant (Print Name) (Indicate Guardian if Participant under 18)
Vietnam Battlefield Tours
Participant Signature (or Guardian Signature)