TERMS & CONDITIONS
Effective Date: July 11th, 2019
Site Covered: www.motrips.com
THE AGREEMENT: The use of this website and services on this website provided by MoTrips (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. MoTrips, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
4) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website ("Your Content"). The Company claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
7) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
8) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
9) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
11) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
12) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
13) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
14) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
15) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
16) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
17) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
18) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
19) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Georgia shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Fulton County, Georgia. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Fulton County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Georgia. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: email@example.com.
“Exhibit A”: Acknowledgement of Risk, Assumption of Risk and Responsibility and Release of Liability
I. RESPONSIBILITY: I UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN THIS VACATION PACKAGE AND/OR TRIP ARE MADE ON MY BEHALF UPON THE EXPRESS CONDITION THAT MOTRIPS NOR ITS OWNERS, EMPLOYEES, OFFICERS OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY ACT OR FAILURE TO ACT INCLUDING THE NEGLIGENT OR WILLFUL ACTS OR FAILURE TO ACT OF ANY THIRD PARTY, SUCH AS OPERATORS OF AIRCRAFT, TRAINS, MOTOR COACHES, PRIVATE CARS, CRUISE VESSELS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS, SIGHTSEEING EXCURSIONS, ACTIVITY PROMOTERS, LOCAL GROUND HANDLING VENDORS, ETC. WHICH ARE TO SUPPLY ANY GOODS OR SERVICES FOR MY VACATION PACKAGE AND/OR TRIP (AND/OR THE PACKAGES AND ACTIVITIES ENGAGED BY ME DURING THE VACATION PACKAGE AND/OR TRIP). I FURTHER UNDERSTAND THAT MOTRIPS NEITHER OWNS NOR OPERATES SUCH THIRD PARTY SUPPLIERS AND VENDORS, AND ACCORDINGLY I EXPRESSLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE THIRD PARTIES AND NOT SEEK ANY SUCH REMEDY FROM OR RECOVER DAMAGES FROM MOTRIPS FOR SUCH THIRD PARTIES ACTS OR OMISSIONS. WITHOUT LIMITATION, HAYWIRE WEEKEND IS NOT RESPONSIBLE FOR, AND I EXPRESSLY RELEASE AND DISCHARGE MOTRIPS FROM, DAMAGES AND/OR OTHER LIABILITES THAT I MAY SUSTAIN ARISING FROM OR RELATING TO ANY NEGLIGENT OR WILLFUL ACTS OR CRIMINAL ACTS OF OTHERS, INCLUDING BUT NOT LIMITED TO OTHER TRIP PARTICIPANTS, CO-TRAVELERS OR FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN, OR FAILURE OF MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS,
ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL ACTIVITY OF ANY KIND, THREAT OF TERRORISM, TERRORISM, WAR, CIVIL DISTURBANCE, FIRE, SANITARY CONDITIONS, QUALITY OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL OR VILLA OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS, VILLAS OR OTHER ACCOMMODATIONS, ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM MY OR OTHER TRAVEL PARTICIPANTS CONSUMPTION OF ALCOHOLIC BEVERAGES OR POSSESSION OF AND/OR USE OF ILLEGAL DRUGS/NARCOTICS AND/OR FOR ANY OTHER REASON; AND IN FURTHERANCE HEREOF I AGREE NOT TO SUE MOTRIPS (OR ANY OF ITS MEMBERS, EMPLOYEES AND AGENTS) FOR ANY LOSS, COST, LIABILITY OR OTHER DAMAGES THAT I HAVE OR MAY HAVE OR MAY SUSTAIN BY REASON OF SUCH THIRD PARTYS ACTS OR OMISSIONS (OR THE ACTS AND/OR OMISSIONS OF SUCH THIRD PARTYS EMPLOYEEES, AGENTS AND CONTRACTORS). I AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET OUT ABOVE IN THIS EXHIBIT A.
II. ACKNOWLEDGMENT OF RISK: I understand and acknowledge that my travel in connection with and participation in the Vacation Package (Vacation Package or Trip) arranged at my request by MOTRIPS may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognize the potential for injury and death, which can result from my or other co-trip participants’ use of alcohol and/or my or their possession and/or use of illegal drugs/narcotics during this Trip. I also realize and acknowledge that risk and dangers may be caused by the negligence of MOTRIPS or the negligence or participation of other participants, contractors and/or subcontractors of MOTRIPS. I also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards may increase during my engagement in any recreational activities, which may take place during my Trip. I
acknowledge that all motor and non-motor vehicles including, but not limited to, segways, golf carts, bicycles, jet skis, etc. will be operated at my own risk and that MOTRIPS will not be liable for any damages or injuries resulting from my operation of said vehicles. I also further acknowledge that MOTRIPS does not advise me to leave the resort property and any injuries or damages resulting from my departure of resort property will be solely my responsibility and I will not be holding MOTRIPS liable in any way.
III. PHOTO/VIDEO RELEASE: You hereby grant MOTRIPS, and its/their affiliated entities, and each of their successors and assigns, licensees, and/or employees, permission to use and edit in perpetuity any image, likeness or appearance that MOTRIPS possesses or has control over of you in any photograph, video, or other media, in any or all of its publications, brochures, advertising and including its websites, without payment or any other consideration. I understand and agree that these materials will become the property of MOTRIPS and will not be returned. Accordingly, you hereby irrevocably authorize MOTRIPS to edit, alter, copy, exhibit, publish or distribute any such photos or videos that MOTRIPS has or may have of the Traveler or any oral statements from the Traveler for purposes of publicizing MOTRIPS packages or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness or voice appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my likeness in any e- photograph, videos or voice recordings. I hereby hold MOTRIPS harmless from and release and forever discharge MOTRIPS from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization and MOTRIPS’use of my likeness in accordance with the foregoing.
IV. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the travels and related activities in which I am intending to engage, I confirm that I am physically
and mentally capable of participating in the activity and that I will be mature and responsible in my behavior and particularly in connection with any alcohol use in which I may participate. I am willingly and knowingly electing to participate in this Vacation Package in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owners, agents, officers, employees, contractors or subcontractors of MOTRIPS.
V. RELEASE OF LIABILITY: In consideration of the services and arrangements provided by MOTRIPS, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify MOTRIPS, and its owners, members, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, damages, liability and/or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled Vacation Package and/or Trip and any packages and/or activities conducted or engaged in in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF MOTRIPS OR ANY CLAIM DISCUSSED OR REFERENCED IN THE TERMS AND CONDITIONS SET FORTH ABOVE OR HEREIN.
VI. EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES: Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against MOTRIPS, its owners, members, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.
VII. MEDICAL AUTHORIZATION: I hereby authorize any medical treatment reasonably necessary for any injury which I incur while
participating in this Vacation Package and/or Trip.
VIII. MEDICAL EXPENSES: I either have medical insurance or, in its
absence, agree to pay all costs of rescue and/or medical services as may be incurred by me or on my behalf during such Vacation Package and/or Trip.
IX. SEVERABILITY: I agree that if any term set forth in this Exhibit A is found to be unenforceable, all other terms set forth in this Exhibit A are severable from the terms that are invalidated, and the remaining terms shall be and continue to be in full force and effect.
X. CONFLICT: In the event of any inconsistency or conflict between the terms of this Exhibit A and any terms or conditions otherwise applicable to the Vacation Package and/or Trip, the terms of this Exhibit A shall prevail.
XI. VENUE: Should any dispute arise under the terms of this contract, I agree that the venue for said action shall be in Atlanta, Fulton-County, Georgia.
I AGREE THAT ARBITRATION IS MANDATORY FOR ANY CLAIM THAT I MAY HAVE ARISING FROM MY RESERVATION AND/OR FROM MY PARTICIPATION IN ANY VACATION PACKAGE AND/OR TRIP AND/OR ANY CLAIM RELATING TO THIS AGREEMENT OR FROM ANY DISPUTE CONCERNING, RELATING, OR REFERRING TO THIS AGREEMENT, HAYWIRE’S BROCHURES, WEBSITE AND/OR ANY OTHER LITERATURE CONCERNING MY VACATION PACKAGE AND/OR TRIP, OR ARISING FROM OR RELATING TO THE VACATION PACKAGE AND/OR THE TRIP ITSELF; AND THAT ALL SUCH CLAIMS OR DISPUTES THAT I HAVE OR MAY HAVE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION TO BE HELD AND CONDUCTED IN THE COUNTY OF MIAMI-DADE OF FLORIDA, ACCORDING TO THE THEN EXISTING COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH PROCEEDINGS WILL BE GOVERNED BY SUBSTANTIVE FLORIDA LAW, EXCEPT THAT NEITHER PARTY SHALL HAVE THE RIGHT TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE AAA CODE). Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against MOTRIPS, its owners, members, officers, directors, agents, contractors,
subcontractors and employees, for any reason whatsoever and the award of the arbitration may not grant any such relief. I further agree, that in consideration for accepting my Reservation, I agree that MOTRIPS liability under this Agreement or for any claim or action arising from the Vacation Package and/or Trip shall not be greater than two (2x) times the amount I paid to MOTRIPS for such reserved Vacation Package and/or Trip. No joinder or consolidation of your Claim with another person’s claim or a class of persons’ claim is allowed. This arbitration provision shall survive the termination of this Agreement for any reason and/or the expiration of your Vacation Package and/or Trip. If you do not agree to this arbitration provision, then do no submit your Reservation
I AGREE TO REIMBURSE MOTRIPS FOR ANY PROPERTY DAMAGE IN FULL CAUSED BY MY NEGLIGENCE WHETHER MISTAKE OR PURPOSEFUL THAT MAY OCCUR DURING MY STAY
ACKNOWLEDGEMENT: BY CONTINUING TO BOOK ANY EVENT OR TRIP HOSTED BY MOTRIPS I HAVE AGREED TO ACCEPT THE TERMS AND CONDITIONS AND ACCEPT ALL LIABILITY ON THE TRIP. I HAVE READ AND UNDERSTOOD THIS LIABILITY AND I ACKNOWLEDGE THAT IT AFFECTS AND LIMITS MY LEGAL RIGHTS AND THAT I HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE TO REVIEW THESE TERMS AND LIMITATIONS ON MY RIGHTS BEFORE ACCEPTING ITS TERMS.
Coronavirus Liability Waiver
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that MoTrips LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19 and that I will practice social distancing and wear a mask while attending.
I further acknowledge that MoTrips LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other clients.
I voluntarily seek services provided by MoTrips LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending the vacation trip and excursions.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold MoTrips LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the business, or that may otherwise arise in any way in connection with any services received from MoTrips LLC. I understand that this release discharges MoTrips LLC from any liability or claim that I, my heirs, or any personal representatives may have against the business with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from MoTrips LLC. This liability waiver and release extends to the company together with all owners, partners, and employees.