Please read it carefully before leaving a deposit. THIS IS A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT.
INHERENT RISKS OF TRAVEL:
I understand that travel and my involvement particularly in activities that may be planned on this tour (including, but not limited to trekking, biking, boating, flying in small planes, travel by train and car or motor coach travel) contain inherent risks of illness (including, but not limited to insect or food borne illnesses and diseases not common in the United States), injury (including, but not limited to those caused or contributed to by uneven footing on walkways, motor vehicle, airplane or boating accidents and the inadequacy and/or lack of safety mechanisms, such as seat belts or flotation devices), emotional trauma, and/or death, which may be caused by negligence, natural occurrences, or other known or unknown causes. I acknowledge that such risks may be present at any time before, during and after the tour that I am participating in with Tierno Tours, LLC (hereinafter "Tierno"). I am also aware that adequate medical services or facilities may not be readily available or accessible during some or all of the time in which I am participating in the tour, and that evacuation, if necessary, and if available, may be unduly delayed, complicated and expensive. I also understand that in foreign nations featured in our itineraries, the level of infrastructure, communications capabilities, sense of urgency, quality standards, political stability, hygiene, sanitation, and business practices, among other things, may be deemed more substandard than those found in the United States. In all cases, tour participants are responsible for appraising all conditions stated and implied in the trip itinerary and selecting a tour that is appropriate to their interests and abilities; for preparing for the tour by carefully reviewing the itinerary and any other tour advisories or literature provided by Tierno; for bringing clothing and equipment suitable or appropriate for the tour environment and for following normal standards of personal hygiene and personal safety, as may be advised by the tour leader or local guides in order to alleviate the dangers of disease or injury that tour participants may be exposed to.
RELEASE FROM LIABILITY:
To the fullest extent permitted by law, I waive any right or cause of action of any kind whatsoever against, and release from any liability whatsoever, Tierno, and its officers, directors, employees and agents ("Released Parties") arising from my participation in the tour, excepting only liability that directly arises from the gross negligence or willful misconduct of Tierno. This waiver and release shall apply to any claim of injury to person or property, including but not limited to any personal injury, sickness, death, dismemberment, loss or destruction of personal property, inconvenience or delay or disruption of services, suffered in preparation for, arrival at, during, or in departure from the trip. I fully expect and agree that this waiver and release is also binding upon my heirs, personal representatives, executors, successors, and assigns.
COUNTRY CONDITIONS, VISAS AND VACCINES:
Tierno has no special knowledge regarding the financial condition of travel service providers selected for your tour, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, Tierno recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, Tierno recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. I assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). I hereby release the Released Parties from all claims arising out of any problem covered in this paragraph. I further agree to hold the Released Parties harmless for my failure to obtain and/or utilize vaccinations and medications and immunizations.
HEALTH AND INSURANCE:
Each participant is encouraged to have a physical checkup and have his or her own health insurance policy as well as travel insurance. Tierno is not responsible for illnesses that may occur while traveling. Since group sightseeing can be physically exerting, all persons who suffer from any physical impairment, which could hinder them from normal participation, must disclose such impairments or physical limitations in writing at least 30 days prior to departure. By signing this agreement, I hereby grant permission for emergency first aid to be administered if deemed necessary. If an emergency or health crisis should occur on the tour, Tierno, through its contracted agent or tour guide, shall attempt to obtain medical assistance, if it is available; however, the cost of such medical assistance shall be the responsibility of the participant. Tierno strongly recommends that you obtain the following types of insurance, which I understand are commercially available: Travel Accident InsuranceAccidental death and disabilityEmergency medical evacuationMajor Medical Trip cancellation Loss of Personal effects I agree to hold the Released Parties harmless for my failure to obtain insurance coverage and for any cost or claims, which could have been covered by the types of insurance listed above if it had been obtained. To the extent permitted by law and excepting only liability that directly arises from the gross negligence or willful misconduct of Tierno, I agree to indemnify and hold Tierno harmless if any claim is brought resulting from or related to medical care or assistance provided to me or not provided to me.
I also agree to indemnify and defend each Released Party from any and all claims, actions, suits, and demands (including all reasonable attorney's fees and costs incurred by any Released Party) initiated by any third party and arising from, attributable to or related to my own negligent actions or conduct, occurring during the trip, and which is alleged to have caused personal injury, loss or damage to any such third party.
If I am a participant in a group tour, I recognize that the group endeavor requires compromise to accommodate the personal desires, capabilities and objectives of other tour participants. I agree to act at all times in an appropriate social manner with the other tour participants and to act in a considerate and respectful manner in accordance with the customs of all places visited. I understand and acknowledge that, my personal desires notwithstanding, my tour leader or guide may be obligated, based upon his or her experience and upon the wishes of the group members, to improvise and exercise his or her judgment and/or make good-faith decisions regarding the direction of the tour. I agree to cooperate and accept any such decisions.
CHANGES TO ITINERARY:
I recognize that due to the types of the destinations to which Tierno organizes tours, and the advanced planning required to organize such tours, situations such as the following could be anticipated to occur: changes in tour leader or guide assignments; modifications in the timing or sequence of the itinerary; and changes in providers of accommodations or transportation. I further recognize that due to the foregoing reasons, Tierno cannot guarantee exact adherence to any itinerary or itineraries that I have been provided. I accept that if any of the aforementioned situations arise either before or during my trip, Tierno may be required to make decisions to address the changed circumstances and that it may not be possible to notify me in advance of such modifications.
THIRD PARTY SUPPLIERS:
I acknowledge and agree that all services and arrangements for selecting the tour, tour guides, transportation, accommodations, and all other services and arrangements related to this tour have been made by Tierno which is merely acting as an agent of various travel service providers, upon the express condition that Tierno, to the fullest extent permitted by law, is not liable and does not assume responsibility for any claims, damages or other financial loss whether to person or property arising out of any injury, accident, death, cancellation, delay, modification, or inconvenience resulting from any act of any transportation company, hotel, restaurant, or other company or person providing any of the services included in the tour or caused by weather, sickness, strikes, closures, quarantines, crime, terrorism, acts of war, or the willful or negligent acts of any other tour members, or any other cause beyond our control. Accordingly, Tierno reserves the right to modify any itinerary, arrangements or dates, if it becomes necessary or advisable, due to such occurrences. An additional cost to the tour price may be incurred by the traveler if any such modification is necessary.
The laws of the State of North Carolina govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. I agree that any action or proceeding brought by me against any Released Party shall be brought solely in the courts of North Carolina located in Cabarrus County. In the event any action or proceeding is initiated by me in a court outside of Cabarrus County, North Carolina, I agree to pay Tierno's costs and reasonable attorney fees associated with defending such action or proceeding.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms hereof shall survive and remain in full force and effect. Notwithstanding, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
If you need special attention, cannot stand for 2 consecutive hours, cannot carry your own luggage, cannot walk for extended periods of time, have trouble walking up and down hill, require a special diet, this trip may not be for you. I have read and understood the above information and all of the Booking Terms and Conditions and accept them.