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Anyone wanting to make a booking must remit deposit or full payment and complete our registration form and sign the Terms and Conditions and Liability Release and Assumption of Risks agreements. All bookings are made with ALJ, Inc. DBA Adventure Life which sells the travel services described in its brochure and website. As a U.S.-based company, we organize, promote and sell trip programs consisting of certain travel services as an agent that we purchase or reserve from various suppliers on our clients' behalf.
The person(s) included on the trip invoice are referred to as the "client", "participant", "traveler", "you" or "your" below. All clients are bound by this agreement. The terms and conditions set forth below constitute the entire understanding and agreement between you the trip participant and ALJ, Inc. DBA Adventure Life, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, successors and assigns (collectively, "Adventure Life," "we," "our," or "us") with respect to any and all bookings or transactions made with Adventure Life. No person has any authority on Adventure Life's behalf to vary this agreement. The services to be provided are the travel services referred to in Adventure Life's brochure, website and discussed by you with its agents.
By submitting your initial payment, which in some cases is paid directly to the Supplier and not received by us, you acknowledge that you agree and accept all terms and conditions in this agreement and direct us to reserve services on your behalf. I acknowledge and agree to Adventure Life's Privacy Policy and consent to my data being shared with trusted Third-Parties to quote and confirm services on my behalf. These Terms and Conditions and our separate Liability Release and Assumption of Risks agreement must all be signed upon confirmation of your trip. If you fail to submit these and other necessary documentation or medical statements prior to departure, Adventure Life reserves the right to treat the booking as canceled by you and impose cancellation fees.
Final payments should be remitted by the due date shown on the invoice in the form of check, money order, bank transfer or credit card. Note that a surcharge may be assessed to all credit card final payments. Failure to pay by the due date or complete signatures will be viewed as a cancellation by the client. As we publish our prices more than a year in advance, we may occasionally be faced with significant cost increases due to factors over which we have no control (such as fuel surcharges). As such, we reserve the right to impose surcharges or price increases due to changes in exchange rates, increases in airfares or other transport costs, taxes, or government requirements. Should these costs exceed 10% of the original trip cost, other options such as cancellation, refund or postponement may be explored as directed by the client.
You acknowledge that Adventure Life acts as an agent on your behalf, reserving services for you with third party suppliers ("Suppliers"). Our suppliers operate outside the United States of America. We commit in good faith to provide services as agreed upon in contracting services with these Suppliers. Adventure Life and its Suppliers reserve the right to cancel, alter, modify, postpone or reschedule any trip without prior notice for the safety and/or comfort of clients and for circumstances of consolidation or Force Majeure (see section below). Consolidation refers to combining two unique trip dates into one departure due failure to reach a minimum number of persons confirmed on either trip. Should your trip be canceled, altered, modified, postponed, otherwise rescheduled, we will, as soon as reasonably possible, notify you of available alternatives. You will likewise be advised of any changes to your trip that may require a supplemental payment from you.
If a trip is significantly changed or canceled prior to departure due to consolidation, by the Supplier, or due to Force Majeure, we will work to obtain suitable alternate options from the Supplier. These options may include one of the following: alternate itinerary, cash refund, credit for future travel, rebooking to similar trip in the future. Options may be limited by the Suppliers' terms and conditions if monies have already been remitted to the Supplier as payment for your trip. Should the options not be suitable, Adventure Life commits to investing reasonable efforts to obtain refunds of any client monies remitted to the Suppliers involved. We will refund you monies to the extent we recoup the monies from our Suppliers. Note that these Suppliers are independent from us and we do not manage or control them.
You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change while traveling without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. While Adventure Life uses reasonable efforts to provide travel services as advertised, reasonable changes in itinerary may be made at any time, including after booking. If such a change is made, we will inform you at the time of booking or once the change is known.
If you wish to cancel your trip or services, you must submit your request to us in writing. The date that Adventure Life receives the written cancellation determines the cancellation charge applicable, which follows the cancellation fees schedule as stated on your invoice.
There are no exceptions to the cancellation policy as listed on your invoice, including for reasons related to fear of travel, your decision to not travel because of governmental/travel warnings or advisories, weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. We recommend that you purchase a comprehensive travel protection plan that provides coverage for trip cancellation (including if possible "cancel for any reason" coverage), trip interruption, baggage loss or delay, emergency medical expenses, medical evacuation and repatriation, and more.
In addition, no partial refunds are possible for unused services including hotel rooms, air or land transport, trekking days, or other sightseeing excursions, including those that are unused if your trip is interrupted due to quarantine, pandemic, government actions/inactions, and other circumstances that are outside of our control. If you have to be removed from a trip for any reason, including but not limited to for quarantine, you will not be entitled to a refund, nor costs for personal expenses such as airline tickets, other travel or hotel expenses.
Adventure Life will not be deemed in breach of these Terms or otherwise liable to you, including for any refunds of trip deposits, by reason of delay in performance or nonperformance of any of its obligations under this Agreement to the extent that any such delay or nonperformance is due to any Force Majeure. While we are committed to working with you and other Suppliers to find a workable solution in the event of Force Majeure, our obligations are limited to those described in this section in the event of Force Majeure.
"Force Majeure" means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.
In the uncommon situation where Force Majeure prevents, significantly hinders, renders it difficult, or makes it impossible for us or our Suppliers to provide services, including but not limited to your trip, we and/or our Suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: vary, reschedule, postpone, or cancel any trip itinerary or arrangement, including trip dates and the entire trip itself. If your trip is affected by Force Majeure, we will notify you of the nature and extent thereof if practicable. We will also work on your behalf to provide an alternative trip, or obtain travel credits or refunds from our Suppliers of any monies previously remitted to said Suppliers for your trip. If successful, we will remit to you any refunds to the extent obtained by our Suppliers. We are not responsible for any additional compensation or reimbursement for costs, or expenses you incur as a result.
Regarding civil unrest, once Adventure Life has investigated the prevailing situation, as it deems fit, it shall remain in Adventure Life's sole and absolute discretion whether to proceed with the trip. Further, we will provide alternatives or refunds to the extent obtained by our Suppliers for any delay, change, cancellation, overbooking, or strike by our independent suppliers who provide various goods and services connected with your trip, including lodging, meals, transportation, sightseeing, and activities.
Health Clause: Suppliers and government entities may quarantine, isolate, deny entry to or take other measures involving clients with symptoms of infectious diseases or illnesses aboard confined modes of transport such as ships, trains, etc. No refunds will be provided to you for any unused portion of travel, damages or losses or other claims if you are quarantined. ALJ is not responsible for any costs, damages or losses incurred by you in the event you are quarantined or otherwise interrupted from completing your trip or using portions thereof.
It is your responsibility to be ready to go at the departure city at the specific trip departure day and time.
We are not responsible for any losses due to canceled or missed flights, changed flight itineraries, late arrivals, or early departures. Your additional responsibilities include strictly complying with all local laws, respecting customs and culture, assessing your abilities, respecting other trip members' privacy, and if on a guided trip following the suggestions and advice of the guide. On guided trips, the decision of the local guide or supplier is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travelers. During the trip, we, as well as the local guide or local supplier, have the right to remove anyone who we a) judge to be incapable of meeting the rigors and requirements of participating in the trip activities; or b) determine to detract from others' enjoyment of the trip.
Babysitting services are not included on this Trip. If you are traveling with any Minors, it is your responsibility to ensure that the Minor is acting properly and safely at all times during the Trip. Minors under the age of 6 years old must be in the company of a responsible adult, excluding the tour guide or trip leader (e.g., parent, guardian, authorized babysitter) at all times.
You are responsible for ensuring that appropriate safety equipment is provided for the Minor while on the Trip, including but not limited to car seats, properly fitted personal flotation devices, and other safety gear. Ships and cruises may not conform to U.S. safety regulations or specifications and may not be designed with young children in mind. You are responsible for ensuring that the Minor is monitored vigilantly when on board a ship or cruise due to potential safety concerns, including but not limited to wide rail beams or low railings or holds that are too high for a young child to reach.
Good physical and mental health is essential for the enjoyment of these active, adventure trips. By forwarding the deposit, you certify that you do not have any physical or other conditions that would create a hazard for yourself or other travelers or affect other people's enjoyment of the trip. If you are over the age of 65 or have pre-existing medical conditions, you must sign a provided medical statement. If you fail to complete and submit the health statement by the final payment date specified above, we reserve the right to treat the booking as canceled by you. Adventure Life, or the local operator or guide, shall make the ultimate determination of an individual trip participant's fitness to embark upon, or to continue a trip. At any time during the trip, including at departure, Adventure Life, as well the local operator or guide, has the right to remove anyone who it judges to be incapable of meeting the rigors and requirements of participating in the trip activities. Once a trip has been confirmed medical circumstances will not be considered as exceptions to our cancellation policy.
U.S. citizens traveling outside the United States are required to carry documentation of U.S. citizenship, such as a passport, valid for six months after your reentry to the U.S. You assume full responsibility to check and verify any passport, visa, or vaccination entry requirements for your travel plans. You assume responsibility to obtain valid and effective documentation, including passports, visas, permits, and vaccination certificates, where necessary. If you are not a U.S. citizen, contact the embassy, consulate or airline for entry requirements. You are also solely responsible for any adverse consequences resulting from missing or defective documentation. While we may provide information or advice on visas, vaccinations, climate, clothing, baggage, special equipment, etc. it is in good faith as a courtesy to you, and we are not responsible for any errors or omissions as to the information provided.
You agree that Adventure Life may copyright in its own name, use, re-use, and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide related to our travel products and services. If you do not wish for your photograph to be taken at any time during your trip, or to be included in any video, please let the operator, tour guide, photographer, and/or other travelers know once you are on the trip. Should you notice a photo containing your image published by us on our website or one of our social media accounts, you may email us to request it be taken down.
Consumer License
Adventure Life may refer you to third-party filmography services ("Film Services") to purchase edited films ("Film" or "Films") created from raw media files that you have taken during the trip, including but not limited to raw media files of images and videos ("Raw Media"). By purchasing a Film from the Film Services, you agree to grant Adventure Life a worldwide, royalty-free, perpetual license to use, re-use and reproduce the Raw Media and Films in any medium, including but not limited to print, electronic media, or Internet, and any future media, free of charge and without your right to inspection or approval, for any purpose, including to promote, market and publicize Adventure Life's products and services worldwide ("Licensed Uses"). You further grant Adventure Life the right to grant sublicenses of such Licensed Uses to third parties.
If you are not happy with our services for any reason while traveling, you agree to notify us promptly in writing or via our emergency phone lines to allow us the opportunity to rectify the matter immediately. Failure to do so will result in your ability to claim compensation from Adventure Life being extinguished or reduced. Further, if you make any changes on your own without providing the notice to us, you assume responsibility for any added costs you may incur as well as forfeiting any potential refunds. Any other complaints must be submitted in writing to us within 30 days of the end of your trip. Adventure Life will not accept any liability for claims received after this period. You agree not to file a chargeback with your credit card or debit card before you have given us an opportunity to address the matter. Your satisfaction is very important to us and we strive to stand behind our products and services. We will work to address any issue that you might have.
The trip price does not include a travel protection plan. We recommend that you purchase a comprehensive travel protection plan that provides coverage for trip cancellation, trip interruption, baggage loss or delay, emergency medical expenses, medical evacuation and repatriation, and more. The purchase of a travel protection plan is not required by us in order to make reservations on your behalf. Note that while a travel protection plan, including travel insurance plan, is not required by Adventure Life, some governments and suppliers who operate in remote areas, such as the polar regions or safari parks, may require proof of emergency medical benefits and emergency evacuation coverage at certain levels before you travel. This information is contained in your pre-departure information.
Adventure Life offers travel protection plans through its preferred provider Redpoint Resolutions LLC which provides evacuation, travel assistance and non-insurance services, and through UnivOps Insurance Services LLC, which is a licensed insurance agent. For more information on the travel protection plans that are offered, contact us or visit: www.redpointtravelinsurance.com/partner/adventure-life. Adventure Life is not an insurance company, insurance producer, or insurance expert. It does not accept payment for travel protection plans. While Adventure Life may provide general information about travel protection plans such as price and a description of coverage, it cannot and does not answer technical questions about the terms and conditions of the travel protection plans offered by its preferred provider. Nor can it or does it evaluate the adequacy of your existing travel protection plan coverage. You acknowledge and agree that you must direct those questions to the provider.
If you purchase a travel protection plan through Adventure Life's preferred provider, you acknowledge that you have reviewed and understand the exclusions and limitations of the travel protection plan policy and are satisfied with the levels of coverage offered and/or provided to you. Redpoint Resolutions LLC protection plans and UnivOps Insurance Services LLC are underwritten by State National owned by Markel. NAIC #12831 Travel protection plans provided to non-US residents are underwritten by UnivOps Insurance Services LLC in Bermuda, and subject to the laws and regulations of Bermuda's jurisdiction.
We act as an agent only when assisting you with flight reservations. Our responsibility is limited by the airline's conditions of carriage and we are not able to specify the type of aircraft to be used by any airline. Adventure Life is not responsible for losses due to canceled flights or seats or changed flight itineraries. Any cancellation of flights booked on your behalf will be subject to cancellation penalties as imposed by the airlines' cancellation policy. You further agree that you are subject to all terms and conditions of the airline provider. You are responsible for familiarizing yourself with those terms and agree that you are ultimately responsible to the airline provider for any reservations, changes, cancellations, and disputes regardless of how your reservation was made on your behalf.
You agree that the sole remedy for any default by Adventure Life arising under this agreement shall be the return of the paid cost of travel services. To the maximum extent permitted under applicable law, Adventure Life shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Adventure Life has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages. The foregoing shall not apply to Adventure Life's gross negligence or intentional misconduct.
In the event that any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
This agreement shall inure to the benefit of and be binding upon Adventure Life and the client and their respective heirs, legal personal representatives, successors and assigns.
Adventure Life reserves the right to update and/or alter these terms and conditions at any time, and it is your responsibility to be familiar with the most up to date version prior to your travel. The latest terms and conditions can be found on Adventure Life's website www. adventure-life.com. Any amendment will take effect immediately upon being posted to our website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these Terms on the date they are posted to our website or when we provide notice to you by email, whichever occurs first.
I agree that any dispute concerning, relating, or referring to this agreement, Adventure Life's travel services, Adventure Life's trip brochures or any other materials that concern my trip, the trip itself, or any claim for damages due to injury or death which occurs during or in connection with my trip, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Missoula, Montana, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Montana law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
Headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions.
This agreement is the final, complete and exclusive statement of the parties' agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I voluntarily apply to participate on a trip arranged by ALJ, Inc. DBA Adventure Life ("ALJ," "ALJ, Inc.," "we," "our," or "us") with knowledge that travel to foreign countries and/or remote areas visited by this trip involves numerous risks and dangers. The trip and goods and services provided by ALJ are collectively referred to as "Trip" or "Tours" in this agreement. I understand that I am booking an adventure holiday and standards such as accommodations, transport, sanitation, medical service and other factors will not be maintained or operated to standards common in the United States, or on a conventional holiday.
By registering and paying a deposit for any services, tours or programs provided by ALJ, Inc. d/b/a Adventure Life, a Montana corporation, and in consideration of the services and tour programs (collectively, “Tour”) provided by ALJ, Inc. d/b/a Adventure Life (“Adventure Life,” “we,” or “us”), I, an adult traveler or parent or legal guardian of a Tour participant who is a minor (under 18 years of age; the “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf or, if applicable, on behalf of the Minor.
RESPONSIBILITY: As a U.S.-based adventure travel company, we organize, promote and sell Tours consisting of certain travel services that we purchase or reserve from various suppliers on your behalf. In doing so, we act only as an intermediary for the various independent suppliers that provide accommodations, meals, transportation, sightseeing, activities, and other goods and services connected with your Tour ("Supplier" or "Suppliers"). You acknowledge that you are aware of and clearly understand that ALJ, Inc assumes no responsibility for these Suppliers, who are independent contractors, and are not managed by ALJ, Inc. ALJ, Inc is not responsible for the financial default of any Supplier. We have no special knowledge of a Supplier's financial condition. A Supplier's goods and services may be subject to the Supplier's own terms and conditions and waivers of liability when a separate waiver is provided by the Supplier, which may require your separate signature, as well as the local laws and regulations of the relevant country. When no separate release is provided by the Supplier to you, this waiver also serves as a release for ALJ and also for the Supplier.
VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK: I am voluntarily applying to participate in the Tour, which will involve outdoor and adventure activities ("Adventure Activities") and traveling in foreign countries and/or remote areas, depending on my itinerary. These Adventure Activities may take place in remote areas, areas with wild and/or domesticated animals, in areas with steep and/or uneven terrain, and in areas with little to no infrastructure. These Adventure Activities may also be provided by third parties over whom ALJ has no control and no responsibility.
I am voluntarily participating in this Tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Adventure Activities; negligence in any matter on the part of ALJ; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; forces of nature; explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident; civil unrest and war (declared, undeclared, or threat thereof); sabotage; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in the United States or other more developed countries; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures or deficiencies; contact with marine life and wild and domesticated animals; social or labor unrest or strike; consumption of alcoholic beverages; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; sanitation deficiencies; illness; disease or virus, both known or unknown, such as coronavirus (including but not limited to the community spread thereof); epidemic; pandemic; quarantine; border closures; government travel restrictions or warnings; regulations or orders, acts or non-acts of any governmental entity or official; diplomatic or health organization (e.g., World Health Organization) warnings; foodborne, airborne, and communicable illnesses and disease; bites or stings from insects or pests; local laws; climatic conditions; abnormal conditions or developments; negligence by third party service providers; negligence or intentional actions by other participants including traveling while sick with or without symptoms; or any other actions, omissions or conditions outside of ALJ's control not mentioned herein. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from these and other inherent risks of travel.
Further, I assume complete and full responsibility for 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 an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state. gov. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel, or the responsible government agency in your country.
I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage. As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by ALJ, I EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ALL MINORS TRAVELING WITH ME AND FULLY ASSUME ALL OF THE ABOVE RISKS, AS WELL AS ALL OTHER RISKS SET FORTH IN THIS AGREEMENT, BOTH KNOWN AND UNKNOWN, VOLUNTARILY AND KNOWINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW. If signed on behalf of a Minor, I have discussed the travel risks with the Minor, and he or she wishes to participate in the Tour nevertheless.
WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE:
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by ALJ, to the fullest extent permitted by law, I HEREBY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS FOREVER ALJ, INC., its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, independent sales consultant, volunteers, and successors and assigns from and against any liability, actions, causes of actions, 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 the Tour arranged through or provided by ALJ.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all Minors traveling with me, my and their heirs, successors, assigns, and legal and personal representatives, with said obligations not dischargeable in bankruptcy; it being my intention to fully assume all risks associated with this trip and to release ALJ, Inc. from any and all liability to the maximum extent permitted by law.
COVENANT NOT TO SUE: I hereby agree not to sue ALJ, Inc., its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, independent sales consultants, volunteers, and successors and assigns for any liability, actions, causes of actions, 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 the Tour arranged through or provided by ALJ.
LIMITATION OF REMEDIES: I agree that to the extent consistent with applicable law, the maximum amount of recovery to which I may be permitted to recover from ALJ, Inc. shall not exceed the amount of the paid tour cost less actual expenses incurred by ALJ, Inc. in arranging for my travel services. To the maximum extent permitted under applicable law, ALJ, Inc. shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ALJ, Inc. has been advised of the possibility of such damages. I expressly waive any right it may have to recover such damages. If I, or any of my heirs, or anyone acting on their own in my behalf should bring such suit, I shall pay all attorney fees, related court fees and defense costs should I not prevail. This paragraph shall not apply to ALJ, Inc.'s gross negligence or intentional misconduct.
BINDING ARBITRATION: I agree that any dispute concerning, relating, or referring to this agreement, ALJ's travel services, ALJ's tour brochures and catalogues, or any other materials that concern my tour, or the tour itself, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Missoula, Montana, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Montana law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
CLASS ACTION WAIVER AND NO PUNITIVE DAMAGES: You are waiving your right to serve as a representative, litigant, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit/arbitration filed against us. In no event shall we be liable for or pay punitive damages.
KNOWING AND VOLUNTARY EXECUTION
By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand all of its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. I also acknowledge that I have had an opportunity to ask any and all questions that I may have, and that ALJ has answered all questions to my satisfaction. My signature applies to all pages of this document.
I acknowledge that in calculating the cost of the Tour, ALJ, Inc. has relied on my consent to these terms and their enforceability. In the absence of this agreement, the Tour cost would have been higher or, alternatively, ALJ, Inc. would be unable to offer these services.
"By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care." Mont. Code. Ann. § 27-1-753
By signing below, I also acknowledge that I have carefully read and fully understand and agree to the contents and legal consequences of ALJ's Terms and Conditions, the itinerary for my specific trip, and any other ALJ material that governs the Tour.