Microsoft Word - MyBhutan Release Waiver (1).docx -

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MYBHUTAN, LLC AGREEMENT TO PARTICIPATE WITH WAIVER AND RELEASE OF LIABILITY (COVID-19 INCLUDED) DISCLAIMER: MYBHUTAN, LLC, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS AND ALL OTHERS INVOLVED IN THE BHUTAN TRAVEL EXPERIENCE ARE NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY) TO ANY PERSON SUFFERED WHILE TRAVELING TO/FROM OR IN BHUTAN OR IN ANY OTHER WAY INVOLVED WITH MYBHUTAN, LLC, FOR ANY REASON WHATSOEVER, INCLUDING NEGLIGENCE. In consideration of my being allowed to participate in the MyBhutan, LLC travel experience, I hereby release and covenant not-to-sue MyBhutan, LLC, its members, officers, directors, employees, agents, volunteers and all others involved in the travel experience, from any and all present and future claims, demands, actions, causes of action, losses liabilities, costs and expenses (including without limitation, attorneys’ and other professionals’ fees and costs up through and including any appeal) for property damage, personal injury, or wrongful death, arising out of or related to, directly or indirectly, the MyBhutan, LLC travel experience unless adjudicated to have been caused by the gross negligence or malicious intent of MyBhutan, LLC.. I hereby voluntarily waive any and all claims, both present and future, that may be made by me, my family, estate, heirs or assigns. I understand that while MyBhutan, LLC has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the MyBhutan, LLC travel experience, MyBhutan, LLC is not responsible in any manner for any risks related to COVID-19 in connection with the MyBhutan, LLC travel experience. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the MyBhutan, LLC travel experience carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I currently am not, to my knowledge, ill with COVID-19. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of Florida in the United States and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceeding shall be in the State of Florida. This is to certify that I, the participant, have indeed read the above agreement to participate with waiver and release of liability and agree to the release of all parties named herein, and for myself, my heirs, assigns, and next of kin, I release and agree to hold harmless MyBhutan, LLC and all other parties named herein from any and all liabilities incident to my participation in the Bhutan travel experience, to the fullest extent permitted by law, unless adjudicated to have been caused by the gross negligence or malicious intent of MyBhutan, LLC. Name of Participant: ______________________________________________ Signature of Participant: ___________________________________________ OR if participant is a minor: Name of Participant: ______________________________________________ Name of Parent/Guardian: __________________________________________ Signature of Parent/Guardian: _______________________________________