Acknowledgement of Travel Risk and Release of Liability
Every traveler on a Democracy Journeys trip needs to read, sign and return this release before departure. We'll send each traveler a copy to sign. Questions? Email Gina at gina@democracyinternational.com.
In consideration of the services of Democracy International (“DI”) in organizing this Democracy Journeys trip (the “Trip”) and allowing me to participate in the DI trip, I acknowledge and agree that participating in a DI trip to the chosen locations includes multiple risks. Activities on a Democracy Journeys trip may be scheduled or unscheduled, supervised or unsupervised, and include activities undertaken during participant’s free and/or independent time. I acknowledge that the inherent and other risks, hazards and dangers (sometimes collectively referred to in this Document as “risks”) of the activities can cause injury, property damage, death or other loss to me or others. The following describes some of the risks:
U.S. or international travel; Political Risks. Travel on a DI trip can involve unique risks, such as political unrest, civil unrest, terrorism, contact with unusual diseases, exposure to contaminated food or water, dangerous road or travel conditions, exposure to politically and/or economically disadvantaged people and/or to people who do not like or oppose American policies or international actions, thievery, verbal and physical assault, abduction, kidnapping, and other risks. Participants will be subject to laws and legal systems in foreign countries that may not provide the same protections as the U.S. legal system.
Personal health and participation. The participant’s mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the activities, includes risks. DI cannot anticipate or eliminate risks or complications posed by participant’s mental, physical (including fitness level) or emotional condition.
Judgment and decision-making. Staff or others, including participants, must make various judgments and decisions in a variety of environments that are, by their nature, imprecise and subject to error. Risks include that the participant or a co-participant, staff member, contractor or other person may misjudge a civil or political situation, the participant’s (or other’s) capabilities, health or physical condition, or misjudge or be simply negligent with regard to some aspect of travel, safety, instruction, medical treatment, weather, terrain, water conditions or route location.
Group or community accommodations and travel. Risks may include sharing rooms or space with unrelated parties and lack of privacy and security; contaminated water; food or water provided by vendors, contractors or public restaurants with risks of contamination or allergic reaction; gas explosion, scalding or other burns associated with tending to, cooking over or being near a stove or open fire.
Free time. Participants will have free and/or independent, unsupervised time before, during and after activities.
Participant conduct; interactions with people. Risks associated with the participant’s interactions with other participants or third parties including any person’s carelessness or other misconduct, reliance on or interactions with DI staff, its contractors or other known or unknown persons, including the possibility of inadvertent touching by – or unwanted sexual advances from – anyone.
I further agree:
to review all materials received, complete all required forms, abide by the terms of those documents, and obey all rules and other policies;
DI staff are available should I have further questions about the activities, the associated risks or other issues;
I am fully capable of participating without causing harm to myself or others;
DI contracts with individuals/organizations that are independent contractors (not their employees or agents), including its guides and local representatives, to provide many of the services and activities participants will engage in. DI does not supervise or control these contractors and is not legally liable or responsible for their conduct;
the information provided above or otherwise is not complete, other unknown or unanticipated activities, risks and outcomes may exist, and DI cannot assure participant's safety or eliminate any of the risks; at all times, participants share in the responsibility for their own and the group’s well-being;
I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for the inherent risks, and any other risks - whether or not inherent - of the activities (known or unknown, identified or not), and for any injury, damage, death or other loss suffered by me resulting from those risks, including the risk of my own negligence or other misconduct.
RELEASE & INDEMNITY
Please read carefully. This Release and Indemnity contains a surrender of certain legal rights. I agree:
(1) to release and agree not to sue Democracy International, Inc. and its owners, officers, directors, employees, guides, agents and representatives and any other affiliated person/s or entity/s (hereafter individually and collectively the “Released Parties;” each is a “Released Party”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter “claim” or “claim/s”), for any injury, damage, death, or other loss in any way connected with my participation in the Trip and/or activities. I understand I agree here to waive all claim/s I may have against DI, bind my estate and any family member/heir/other party bringing claim/s, and agree that neither I, nor anyone acting on my behalf, will make a claim against DI as a result of any injury, damage, death or other loss suffered by me;
(2) to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) each Released Party, with respect to any and all claim/s brought by or on behalf of me, my spouse, children or other family member/s or my heir/s or estate, a co-participant or any other person or entity for any injury, damage, death or other loss in any way connected with my enrollment or participation in the Trip and/or activities; including any claim/s brought by a medical care provider, insurer, or other third party as a result of medical or other care or services provided to me, including transportation and evacuation costs.
This Release and Indemnity Agreement includes claim/s of or resulting from a Released Party’s negligence (but not a Released Party’s gross negligence or willful and wanton misconduct; I do not release any claims against a Released Party for such Released Party’s gross negligence or willful or wanton misconduct and, at the same time, I will not assert a claim against a Released Party for another Released Party’s gross negligence or willful and wanton misconduct), and includes claim/s for personal injury or wrongful death (including but not limited to claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, breach of contract or any other claim.
OTHER PROVISIONS
I agree:
I authorize DI staff or other medical personnel to obtain or provide routine or emergency medical care for me, to transport me to a medical facility, and/or to provide treatment they consider necessary for my health. I agree to the release (to or by DI) of any records necessary for treatment, referral, billing or insurance purposes. I agree that DI has no responsibility for medical care provided to me, and agree to pay all costs associated with that care and transportation, including medical and/or evacuation costs;
I am fully responsible for myself during travel time to and from my in-country destination and/or a designated DI meeting point in the U.S. or another country;
This Document is intended to be interpreted and fully enforced as allowed by law. If any part of this Document is deemed unlawful or unenforceable, it shall not affect the enforceability of the remainder, and those remaining provisions shall continue in full force and effect.
I have carefully read, understand and voluntarily sign this Document, and acknowledge that it shall be effective and legally binding upon me, my spouse, children and other family members, and my heirs, executors, representatives, subrogees, assigns and estate.