Release | Legal Magnates International

Waiver of Liability and Hold Harmless Agreement

Effective August 20, 2019

General
This Waiver of Liability and Hold Harmless Agreement (“Release”) doubles as the terms and conditions governing your registration and participation in the International Law Excursion (the “Excursion”) to be held at Arusha, Tanzania, from November 2 – 9, 2019. Please read this Release carefully. It is our intention to be as clear, transparent and comprehensive as possible. Once you read the entire Release, please click “Register” to submit your registration. By doing so, you are executing the Release and agreeing to our terms and conditions. You agree that if any portion of the terms and conditions is held invalid, the remaining terms and conditions will continue in full force and effect.

Inherent Risks
The Excursion is expected to include decent activities such as visits to formal settings like courts, tribunals, offices and organizations as well as hotels, restaurants, parks and other locations within Arusha. The Excursion may also involve known and unanticipated risks that could result in sickness, serious physical or emotional injury, permanent disability, paralysis, or death.

My Responsibilities
I represent that I am qualified, in good health, and in proper physical condition to participate in the Excursion. I am ultimately responsible for my own safety. If I observe any unusual significant hazard during my participation, I will remove myself from participation and bring such situation to the attention of the nearest guide, group leader(s) or Legal Magnates™ International (“LMI”) officer, staff or agent. Guides, group leaders and LMI officer, staff or agent have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of my fitness or abilities. They might misjudge the weather or the terrain. I specifically acknowledge that decisions made by guides, group leaders, LMI officer, staff, agent and participants may be made in cities, wilderness, remote, or dangerous settings, and that such decisions are made based on often imprecise, momentary, and subjective perceptions that are subject to errors in judgment and cannot and should not be associated with fault at a later time. I, for myself, my heirs, spouse, executors, administrators, personal representatives and assignees, WAIVE, RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND AGREE NOT TO SUE LMI, its officers, directors, successors, assigns, managers, shareholders, employees, agents, sponsors, instructors, representatives, volunteers, subsidiaries, affiliates, other participants (the “Released Parties”) from, and against any and all liability, responsibility, damages, losses, claims, demands, actions, suits, judgments, costs and expenses (including attorneys’ fees) resulting from personal injury, accident, illness, death and/or property loss caused in any manner, including theft (personal belongings and otherwise), fire and the simple, active or passive negligence of the Released Parties, by my participation in the Excursion.

Medical/Dietary Needs and Concerns
I am responsible for my medical and dietary needs and concerns. I agree to bring any necessary medications and dietary supplements. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Excursion. I represent and warrant that I am physically fit and I have no medical conditions that would prevent my full participation in the Excursion.

Authorization to Act in Case of Emergency
LMI and Released Parties are in no way responsible for participant’s health during their participation in the Excursion, including during their travels to and from the Excursion. In case of an emergency involving me or my child if applicable, I understand that LMI and Released Parties will make every effort to contact the individual listed as the emergency contact person. If LMI and Released Parties cannot reach this contact person, I hereby give permission to the medical provider selected by LMI and Released Parties to secure proper treatment, including hospitalization, anesthesia, surgery, or injections of medication for me or my child. Medical providers may be authorized to disclose protected health information under the applicable law to the adult in charge or any physician or health care provider involved in providing medical care to me or my child.

Talent Release Agreement
I hereby assign and grant to LMI and Released Parties the right and permission to use and publish the photographs, film, videotape, electronic representations, or sound recordings made of me or my child as the case may be during the Excursion. I hereby release LMI and Released Parties from any and all liability from such use and publication. I further authorize the reproduction, sale, copyright, exhibit, broadcast, electronic storage, or distribution of such photographs, film, videotapes, electronic representations, or sound recordings without limitation at the discretion of LMI, and I specifically waive any right to any compensation I may have for the foregoing. I understand, that at any time, now or in the future, that I wish for an image, photograph, or film of myself to be discontinued, I have the right to ask this and that LMI will edit or adjust the image to cut me out of it or discontinue use.

Release and Waiver of Rights, Including for Claims of Negligence
I, for myself and my heirs, assigns, personal representatives, and next of kin, hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LMI and Released Parties from any and all claims, demands, or causes of action in any way connected with my participation in the Excursion or my use of LMI and Released Parties’ equipment or facilities, including any such claims which allege negligent acts or negligent rescue operations.

Indemnity
I further agree that if, despite this Release, I, or anyone on my behalf, makes a claim against LMI or Released Parties, I will indemnify, save, and hold harmless LMI and the affected Released Parties from any litigation expenses, attorney fees, losses, liability, damages, or other costs which they may incur as a result of such claim.

I hereby indemnify LMI and Released Parties and undertake to keep them indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by LMI or Released Parties to a third party in settlement of a claim or dispute on the advice of LMI legal advisers) incurred or suffered by LMI arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Itinerary Changes
Changes in the itinerary as determined by LMI and Released Parties may be made where necessary.

Travel Changes and Fees
LMI and Released Parties are not responsible for changes in participants’ travel plans. Such changes include, without limitation, medical issues, family matters, and changes to air travel because of mechanical issues, weather, or missing connections. If changes in plans result in ground transportation issues in Arusha, LMI will organize alternative transportation, but participants must pay the required fees for such alternative transportation.

Travel Insurance
LMI requires all participants to purchase travel insurance to cover their trips to, during, and from the Excursion. You are, of course, free to obtain travel insurance from any company you choose. LMI cannot take responsibility for any events that may or may not occur that would include refunds of any kind.

Uncontrollable or Unforeseen Acts
With regard to travel to, during, and from the Excursion and the conduct of activities while at any destination during the Excursion, LMI will not be liable for any loss or damage to you resulting (i) from an act of God; (ii) from mobs, riots, or civil disturbances; (iii) from acts of war, aggression, or public enemies; (iv) from the staff, guides, or agents of LMI quitting employment during the trip; or (v) from strikes or other labor difficulties. LMI will not make any refunds to you due to these events. You will have the option of canceling your participation in the Excursion without refund. You may also agree to continue your participation in the Excursion as it may be modified as a result of such uncontrollable or unforeseen act. In addition, if you have purchased trip insurance, whether LMI acted as the agent or not, LMI will not be liable for any loss or damage to you resulting from the bankruptcy, insolvency, dissolution, liquidation, winding up, cessation of business, merger, placement into receivership, or business decisions (including denial of claims) of your insurer.

Theft
LMI assumes no responsibility for theft or loss of a participant’s belongings during the Excursion or involving any circumstance.

Travel, Weather, or Other Natural Disasters
LMI does not take responsibility or offer discounts in the event of a power outage or an evacuation due to weather or natural disasters. LMI does not discount for travel delays or cancellations due to weather events or other natural disasters. I am free to purchase travel insurance to cover those possible losses.

Governing Law and Jurisdiction
This Release will be governed by the laws of British Columbia. The parties agree that any dispute arising out of this Release shall be brought in the courts located in Vancouver, British Columbia, and each party consents to the exclusive jurisdiction of those courts.

Cancellation and Refund Policy
I understand that payment for the Excursion makes this contract binding. I agree that writing or typing my name in the registration form, checking the box for the Release, and clicking the “Register” button are valid substitutes for my signature.

In the event a participant needs to cancel, it is mandatory for the participant to notify LMI by email or phone message. LMI may cancel the Excursion for any reasons including due to low registration or enrolment. LMI’s cancellation and refund policy are stated below:

Full registration fee refund less bank refund fees and charges if a participant cancels within 24 hours after their registration;
90% registration fee refund less bank refund fees and charges if the Excursion is cancelled due to low registration or enrolment;
80% registration fee refund less bank refund fees and charges if participant’s visa application is refused; and
No registration fee refund in any other case but the registration fee is transferable to someone else up to 2 weeks to the commencement of the Excursion.

Refunds regarding flight tickets, accommodation and meals must be discussed and are expected to be governed by the cancellation and refund policies of the responsible organization. It is the participant’s responsibility to contact the responsible organizations for this discussion.

Personal Capacity
I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of executing this Release and that there are no other impediments or reasons why I would lack the capacity to enter into this agreement. I am of the age of majority under the applicable law of my province or country.