IN CONSIDERATION OF being accepted for participation in an adventure missionunder the auspices of SPEARHEAD MISSIONS, its agents, associates, assigns,employees, officers, directors, licensees, operators, volunteers, and successors ininterest (collectively, “SPEARHEAD MISSIONS”), I hereby agree as follows:
I acknowledge that ADVENTURE TRAVEL CAN BE DANGEROUS and involvesinherent and significant risks, both known and unknown, including but not limitedto: travel in undeveloped or remote areas; travel by boat, canoe, raft, train,automobile, safari vehicle, aircraft, on foot, or other means; accidents or illness inremote locations without access to medical facilities; exposure to wild animals;acts of nature; extreme weather; political instability; physical exertion; equipmentfailure; and delays or inability to obtain rescue or evacuation.I knowingly and voluntarily assume full responsibility for all such risks, includingthose arising from negligence, except to the extent prohibited by law.
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I HEREBY KNOWINGLY,VOLUNTARILY, AND EXPRESSLY RELEASE, WAIVE, AND DISCHARGE SPEARHEADMISSIONS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, ORLIABILITY OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY,ILLNESS, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR DEATH, ARISING OUTOF OR RELATED TO MY PARTICIPATION IN ANY MISSION, TRAVEL, OR RELATEDACTIVITY, INCLUDING CLAIMS BASED IN WHOLE OR IN PART ON THE ORDINARYNEGLIGENCE OF SPEARHEAD MISSIONS.I UNDERSTAND AND AGREE THAT THIS RELEASE DOES NOT APPLY TO GROSSNEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY LIABILITY THAT CANNOTBE WAIVED UNDER APPLICABLE TEXAS LAW. THIS WAIVER IS INTENDED TO BECONSTRUED AS BROADLY AND ENFORCEABLY AS PERMITTED BY LAW.
I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SPEARHEAD MISSIONSfrom and against any and all claims, liabilities, damages, losses, costs, andexpenses (including reasonable attorneys’ fees and court costs) arising out of orrelated to:
I authorize SPEARHEAD MISSIONS and its representatives to obtain, arrange, orprovide emergency medical treatment, evacuation, transportation, or otheremergency services deemed reasonably necessary for my health and safety.I UNDERSTAND AND AGREE THAT SPEARHEAD MISSIONS DOES NOT PROVIDEMEDICAL SERVICES AND MAKES NO REPRESENTATION REGARDING THEQUALIFICATIONS OF ANY MEDICAL PROVIDER, EVACUATION PROVIDER, ORTHIRD PARTY PROVIDING CARE OR TRANSPORT.TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I RELEASE AND HOLDHARMLESS SPEARHEAD MISSIONS FROM ANY LIABILITY ARISING OUT OF ORRELATED TO ANY MEDICAL CARE, EVACUATION, OR FAILURE TO PROVIDE ORDELAY IN PROVIDING SUCH SERVICES, INCLUDING ANY CLAIMS BASED ONNEGLIGENCE IN THE SELECTION, ARRANGEMENT, OR COORDINATION OF SUCHSERVICES.I ACKNOWLEDGE THAT MEDICAL CARE IN REMOTE OR INTERNATIONALLOCATIONS MAY BE LIMITED, DELAYED, OR UNAVAILABLE, AND I ACCEPT FULLRESPONSIBILITY FOR ALL ASSOCIATED RISKS AND COSTS.
I understand that I am responsible for obtaining any desired travel, medical,evacuation, or trip cancellation insurance. If I decline such coverage, I accept fullfinancial responsibility for any resulting losses.
I agree to comply with all applicable laws and regulations of the countries visited. Iam solely responsible for obtaining and maintaining valid travel documents.
I acknowledge that I am not relying on any oral or written representations ofSPEARHEAD MISSIONS regarding safety and that I am participating voluntarily.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.ANY DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION IN THE STATE OFTEXAS, in a county designated by SPEARHEAD MISSIONS, in accordance with therules of the American Arbitration Association. Judgment on the award may beentered in any Texas court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY KNOWINGLY,VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY INANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENTOR MY PARTICIPATION IN ACTIVITIES WITH SPEARHEAD MISSIONS.
I ACKNOWLEDGE THAT CERTAIN TERMS IN THIS AGREEMENT ARE SET FORTH INBOLD, CAPITAL LETTERS, AND CLEARLY LABELED HEADINGS TO MAKE THEMCONSPICUOUS UNDER APPLICABLE LAW, INCLUDING TEXAS LAW ANDAPPLICABLE CONSUMER PROTECTION STATUTES.I REPRESENT THAT I HAVE READ, UNDERSTOOD, AND HAD THE OPPORTUNITYTO ASK QUESTIONS ABOUT THIS AGREEMENT, INCLUDING THE RELEASE OFLIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND JURY TRIAL WAIVERPROVISIONS.
If any provision is found unenforceable, the remaining provisions shall remain infull force and effect.
This Agreement constitutes the entire agreement between the parties.
