Each participant in the Panama Relocation Tours will be required to sign the following form:
PANAMA RELOCATION TOURS, INC., INC. LIABILITY RELEASE
Release of Liability, Assumption of All Risks, and Arbitration Agreement
PANAMA RELOCATION TOURS, INC. , its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, representatives and assigns (collectively PANAMA RELOCATION TOURS, INC. ) does not own or operate any entity which provides, or is to provide, goods or services for your tour including, for example, lodging facilities, transportation companies, food service or entertainment providers, equipment suppliers, etc. As a result, PANAMA RELOCATION TOURS, INC. is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
In addition, I ________________________________________acknowledge that I have voluntarily applied to participate in the tour . I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of PANAMA RELOCATION TOURS, INC. including, without limitation, negligence in the conduct or arrangement of the tour in any respect from inception to completion, negligence with regard to transportation selection or maintenance, the use, etc., in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; 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; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; terrorism or the threat thereof; criminal activity; dangers associated with wild or other animals; breakdown or failure of bus.van or other equipment; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof; stolen, lost, or misplaced luggage or property and theft or break-ins into vans, lodging rooms or elsewhere.
I acknowledge that the enjoyment and excitement of adventure 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 inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
I acknowledge that the cost of all PANAMA RELOCATION TOURS, INC. is based upon tour participants executing this Release of Liability, Assumption of All Risk, and Arbitration Agreement. Therefore, as lawful consideration for being permitted to participate on such tour(s), I hereby RELEASE AND DISCHARGE FOREVER PANAMA RELOCATION TOURS, INC. FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR. 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 fully to assume all the risks associated with this tour and to release PANAMA RELOCATION TOURS, INC. from any and all liability to the maximum extent permitted by law.
BINDING ARBITRATION: I agree that any dispute concerning, relating, or referring to this contract, websites, or any other literature concerning my tour, or the tour itself shall be resolved exclusively by binding arbitration according to the then existing rules of the Panama Arbitration Association in Panama City, Panama. Such proceedings will be governed by substantive (but not procedural) Panama law excluding any application or consideration of the Panama Arbitration Act. 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.
MISCELLANEOUS MATTERS: I understand that PANAMA RELOCATION TOURS, INC. reserves the right to take photographic or film records of any of its tours and hereby agree that PANAMA RELOCATION TOURS, INC. may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom PANAMA RELOCATION TOURS, INC. may engage in joint marketing, without any remuneration to me. I hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by PANAMA RELOCATION TOURS, INC. .
I understand that PANAMA RELOCATION TOURS, INC. reserves the right to refuse as a tour participant, or remove from a tour, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or who it determines to detract from the enjoyment of the tour by others. I agree to follow all written and verbal rules of safety presented to me by PANAMA RELOCATION TOURS, INC. PANAMA RELOCATION TOURS, INC. reserves the right to make route, hotel, itinerary and tour modifications as required or desirable to improve the tour quality and/or to accommodate the comfort and well-being of guests.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this Agreement as well as all the conditions as stated in the FAQ section of the current PANAMA RELOCATION TOURS, INC. website, including but not limited to, those regarding cancellation and refund policies. Exceptions to this policy cannot be made for any reason, including, but not limited to, weather, terrorism, civil unrest, personal, family or medical emergencies. I understand that this is a legally binding and enforceable contract and sign it of my own free will. 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.
If you must cancel your reservation, your cancellation fee will be determined according to the following formula. No refunds if canceled 30 days prior to the tour.
This contract is accepted by PANAMA RELOCATION TOURS, INC. in Panama City Panama, and cannot be changed in an oral communication. We can only accept one signature per form.
Tour Participant Date