In exchange for participation in the activity of Private Shuttle tour organized by Chicago Safaris, of 2841 Howard Castle Dr, Dyer, Indiana, 46311 and/or use of the property, facilities and services of Chicago Safaris, I agree for myself and (if applicable) for the members of my tour participant group, to the following:
- AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Chicago Safaris, or the employees, representatives or agents of Chicago Safaris.
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Chicago Safaris for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Chicago Safaris, whether caused by the fault of myself, my family, Chicago Safaris or other third parties.
- INDEMNIFICATION. I agree to indemnify and defend Chicago Safaris against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Chicago Safaris.
- FEES. I agree to pay for all damages to the facilities of Chicago Safaris caused by any negligent, reckless, or willful actions by me or my family.
- CONSENT. I consent to the participation of my in the activity of Private Shuttle tour, and agree on behalf of the any minor in my group to all of the terms and conditions of this Agreement. By agreeing to this Release of Liability, I represent that I have legal authority over any minor in the group
- MEDICAL AUTHORIZATION. In the event of an injury to any minor in group during the above described activities, I give my permission to Chicago Safaris or to the employees, representatives or agents of Chicago Safaris to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the date of my tour and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. Chicago Safaris shall have the following powers:
The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
The power to authorize medical treatment or medical procedures in an emergency situation; and
The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Indiana law.
- NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Chicago Safaris has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
- ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.