Compass Expeditions Release and Waiver of Liability
This Release and Waiver of Liability (“Release”) is executed and effective as of the date set forth below, by the undersigned acting for myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might claim or sue on my behalf (“Participant”) in favour, and for the benefit of, Compass Expeditions, doing business as Compass Expeditions and it’s past, present and future shareholders, directors, officers, employees, sub-contractors and agents (collectively with Compass Expeditions, the “Released Parties”).
- The Participant desires to participate in a motorcycle touring event (“the tour”) being conducted by Compass Expeditions.
- As a condition precedent to Compass Expeditions permitting the Participant to undertake the tour, Compass Expeditions requires the Participant to read, consider, take such advice as the participant may require and then execute and deliver this Release.
For and in consideration of Compass Expeditions permitting the Participant to undertake the tour and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Participant, the Participant hereby agrees as follows:
- Dangerous Activity. The Participant expressly acknowledges and agrees that the activities of the tour are dangerous and may involve the risk of serious injury, including permanent disability, paralysis and/or death and that these risks and dangers may be caused by the Participants own actions or inactions, the actions or inactions of other participants on the tour, or the negligence of the Released Parties, and the Participant fully accepts and assumes all such risks and responsibilities for losses, costs and damage which the Participant may incur as a result of his/her participation in the tour.
- Release. The Participant hereby releases, discharges and covenants not to sue and agrees to indemnify, save and hold harmless the Released Parties from all liability, claims, demands, losses and damage on the Participants account, caused or alleged to be caused for any reason whatsoever, including without limitation, in whole or in part by the negligence of the Released Parties, and the Participant further agrees that if, despite this Release, the Participant or anyone on his/her behalf, makes any claim against any of the Released Parties, the Participant will indemnify, save and hold harmless the Released Parties from any claims, expenses, legal costs, loss, liability, damage or cost which any and all of them may incur as a result of such claim.
- Governing Law. These terms and conditions shall be governed by the laws of the State of Victoria (Australia). Any action between the parties hereto shall only be brought in a Court sitting in the State of Victoria, Australia and not in any other jurisdiction and the prevailing party shall be entitled to recover from the non prevailing party it’s reasonable fees and costs.
- Entire Agreement.This Release is the entire agreement between the Participant and the Released Compass Expeditions parties concerning the subject matter hereof, and no modification hereof or subsequent agreement relative to the subject matter hereof shall be binding unless reduced to writing and signed by the Participant and Compass Expeditions.
- Invalid Provisions.If any provision of this Release is held to be a illegal, invalid or unenforceable, such provisions shall be fully severable, this Release shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Release, and the remaining provisions of this Release shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision by it’s severance from this Agreement.
- Acknowledgement. The Participant acknowledges, agrees and states that he/she is of lawful age and legally competent to sign this Release.