In consideration of the opportunity to participate in the Travelin D’vas’ (Company) Connecting With Your Inner D’va (Event), whose registration process requires me to accept this agreement, I hereby agree to the following Waiver and Release of Liability (Agreement):
1. Waiver and Release of Liability: My participation in the Event is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death), illness, loss of expense and loss of or damage to my property (collectively, Risks). Accordingly, I agree to the following:
a. I hereby release and hold harmless Company, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. I acknowledge by participating in Event I assume all risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur while traveling to Jamaica and/or while staying in Jamaica.
c. I recognize that physical exertion is involved in the Event and attest and certify that I am physically fit to attend and participate safely, and I have not been advised otherwise by a health care professional. If I have any concerns about my personal health and fitness, it is my responsibility to consult with a physician before my participation.
d. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Event, including those sustained on the premises where the Event is conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.
e. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
2. General Provisions:
a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the federal or state courts located in Detroit, Michigan, and that for such purposes, I expressly
submit to the jurisdiction of such courts.
b. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
c. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
