CONSUMER DISCLOSURE NOTICE FOR SPORTING/ADVENTURE TOURS
Release and Assumption of Risk
I understand and agree that during the trek, tour, expedition, or other trip in which I will participate, under the arrangements of __________________ and its agents, employees, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including, but not limited to, acts of God, the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions, the dangers of civil disturbances and war, the forces of nature, dangers and risks inherent in sporting activities, the negligent or reckless acts or omissions of __________________, its agents, employees, officers, directors, associates, affiliated companies, or subcontractors, travel by boat, automobile, train, ship, aircraft, or other means of conveyance, and accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance. __________________ shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with any of the above and/or terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent's control. Traveler assumes complete and full responsibility for, and hereby releases the agent from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747. For medical information, refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at (404) 332-4565.
In consideration of, and as a part of the payment for, the right to participate in such treks, tours, expeditions, or other activities and as a part of the payment for, the services arranged for me by __________________and its agents, employees, associates, affiliated companies, or subcontractors, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of __________________, its agents, employees, officers, directors, associates, affiliated companies, or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD __________________and its agents, employees, officers, directors, associates, affiliated companies, and subcontractors HARMLESS against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by __________________and its agents, employees, associates, affiliated companies, or subcontractors. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THIS RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT __________________HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT. I further agree that any legal dispute involving these travel services shall be heard only by the courts of __________________. (Hometown, State, U.S.A.).
I acknowledge that in calculating the cost of the tour or trip, __________________has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, __________________would be unable to offer these services.
DATED ________________________________________ Phone Number _______________________________
Signature of Participant ____________________________ Signature of Witness ___________________________
Name Printed____________________________________ Name Printed_________________________________
[To be printed on invoice, computerized itinerary, or travel documents. This is a sample only, and is not intended as legal advice. Travel agencies contemplating use of this Disclaimer should tailor it to their own individual circumstances, and obtain the advice of their own travel law counsel.]
Traveler’s Rights
Your Legal Guide to Fair Treatment and Full Value
By Alexander Anolik and John K. Hawks, Sphinx Publishing, Naperville, Illinois, First Edition, 2003.
Today, traveling consumers are more concerned about their rights than ever before and have expressed to my office a great deal of anxiety about terrorists’ attacks and both the government's and industry’s attempts to increase safety at the expense of consumer rights. Consumer anxiety about traveling and arriving both safe and on time remains a major concern as total sales in the tourism industry have yet to reach its pre-9-11 level.
Anolik Law Corporation is a law firm dedicated to informing the public and protecting consumer’s rights and promoting traveler’s awareness as is illustrated by over thirty years of working to serve the needs of traveling consumers and the industry and by maintaining its active websites: www.mytravelrights.com; www.travellaw.com. Anolik Law Corporation has even trademarked its company policy, Preventive Legal Care®, as its motto to minimize legal entanglements through an active awareness and advocacy of travel rights.
ALEXANDER ANOLIK, A Professional Law Corporation Web: www.travellaw.com
2107 Van Ness Avenue, Suite 200, San Francisco, CA 94109 Tel: (415) 673-3333 Fax: (415) 673-3548 Email:Anolik@travellaw.com
[ ] I wish to order ___ copies of Traveler’s Rights - Your Guide to Fair Treatment and Full Value, at $21.95 each.
[ ] I wish to order ___ copies of The Law and the Travel Industry, Fourth Edition, at $55.00 each.
[ ] I wish to order ___ copies of ARTA Travel Agent Manual, at $85.00 each.
[ ] I wish to order ___ copies of Travel, Tourism, and Hospitality Law, Second Edition (school textbook) at $12.00 each (soft cover).
[ ] I wish to order ___ copies of 10 hour cassette albums with syllabus of Preventative Legal Care® for Travel Agents at $75.00 each.
[ ] I have Preventative Legal Care® for Travel Agents and wish to order ___ 1987 Supplement Tapes at $15.00 per set.
[ ] I wish to order ___ copies of 4-hour cassette albums with syllabus and forms for Outside Sales: Issues and Answers at $65.00 each.
[ ] I wish to order ___ copies of 7-hour cassette albums with syllabus and forms for Outside Sales: Issues and Answers at $65.00 each.
[ ] I wish to order ___ copies of The Official Outside Sales Travel Agent Manual, Third Edition at $40.00 each
[ ] Please send information about The International Forum of Travel and Tourism Advocates (IFTTA) (Membership is available to
attorneys, educators, and travel industry affiliates dealing with travel law).
TAX DEDUCTION: An income tax deduction is allowed for educational expenses undertaken to maintain or improve professional skills and to meet the expense requirement of an employer or a law imposed as a condition of retention of employment, job status, or rate of compensation. (See Treasury Regulation 1,162.5)
· California residents must include local sales tax.
· Shipping and handling: Add $4.00 for one item, $5.00 for two or more items.
· A 10% discount will be provided on orders of more than one item.
PLEASE CIRCLE: CHECK ENCLOSED VISA MASTERCARD TOTAL AMOUNT: _______________________
