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Please Read Carefully: This is a Legally Enforceable Contract
I, and my traveling partner(s) and any of my minor children voluntarily plan to participate on a trip arranged by Simply Culture Boutique Travel with knowledge that travel involves numerous risks, including, but not limited to risks of physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, by foot, or by any other conveyance; risks associated with food or impure water; risks associated with food allergies and/or medical conditions including, without limitation, the failure of any supplier to adhere to my dietary, medical or allergy related protocols; terrorism or the threat thereof; criminal activity; dangers associated with wild or other animals; breakdown or faulty maintenance of equipment; epidemics and pandemics or the threat thereof; and stolen, lost, or misplaced luggage or property.
In addition, I accept all risk of and release Simply Culture Boutique Travel from errors and omissions. I acknowledge that the enjoyment and excitement of travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these risks contribute to such enjoyment and excitement, being a reason for my participation. I hereby agree to be responsible for my own welfare and that of my family and accept any and all risks of delay, unanticipated events, inconvenience, illness including possible exposure to and contraction of COVID-19, injury, loss, emotional trauma or death. I acknowledge that the cost of this Simply Culture Boutique Travel trip is based upon trip participants executing this Release of Liability, Assumption of All Risk, and Arbitration Agreement. Therefore, I HERBY RELEASE AND DISCHARGE FOREVER SIMPLY CULTURE BOUTIQUE TRAVEL AND SAN LUIS OBISPO CLASSICAL ACADEMY FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OUR PARTICIPATION IN THIS TRIP. I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention full to assume all the risks associated with this trip and to release Simply Culture Boutique Travel and San Luis Obispo Classical Academy from any and all liabilities to the maximum extent permitted by law.
I hereby give Simply Culture Boutique Travel and their contractors permission to arrange emergency medical treatment for me if necessary, and I agree to hold Simply Culture Boutique Travel harmless for the provision or non-provision of such services.
I agree that in the unlikely event of a dispute concerning, relating, or referring to this contract, the terms and conditions, the brochure, itinerary, or any other literature concerning my trip itself shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association. These proceedings will be governed by substantive California law. I agree that the maximum amount of recovery to which I will be entitled from Simply Culture Boutique Travel under any and all circumstances shall not exceed the amount of its fee for professional services, less actual expenses incurred in arranging my travel. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force.