Last Updated: February 13, 2025

RELEASE AND WAIVER

In return for HBV (defined below) giving me the opportunity to participate in this trip (the “Trip”), I agree to the following:

1. ASSUMPTION OF RISKS

I am aware that the Trip involves traveling to and in a foreign country with transportation, services, guides,  food and accommodation being supplied by providers for whom HBV bears no responsibility, and that there are certain risks involved whenever traveling abroad including, but not limited to: delays, delayed or changed departure or arrival times; fare changes, dishonors of hotel, airline, missed carrier connections; losses, damages, weather, strikes, acts of God, circumstances beyond the control of HBV, including, war, civil unrest, kidnapping, public health risks, criminal activity, terrorism, expense, accident, injuries, damage to and lost property; bankruptcies of airlines or other service providers; inconveniences, cessation of operations, mechanical defects, damages or losses of any nature whatsoever, including additional expenses  caused in connection with any accommodations, restaurant, transportation, or other service or any substitution of hotels or of common carriers beyond HBV’s control, with or without notice. 

I am aware of the risks associated with traveling to, and within and returning from one or more foreign countries, including travel by air, bus, taxi or other vehicle which risks include, but are not limited to mechanical failure, operational error, risks of traveling on rough terrain (including mountains and jungles), accident or  collision, all of which could lead to the possibility of personal injury (including mental distress or trauma), death, property damage or other loss.

I am aware of the additional dangers and risks associated with the various activities which are or could be part of the Trip, or which I may choose to engage in outside of the Trip, including hiking, river, boat rides, cable cars, buses, train rides, rafting, trekking, skiing, bike-riding, safari drives, walking safaris, walking tours, cooking classes, cooking demonstrations, yoga, wildlife viewing, visiting animal sanctuaries, spas and thermal springs   which dangers and risks include, but are not limited to accidents which could occur during transportation or travel to or from the activity, or during the activity;  collision or contact with other participants, vessels,  motor vehicles of all types and descriptions, fixed objects or equipment; falls; encounters with domestic or wild animals;  dangers of traveling on rough terrain, waters or roads; or equipment failure, all of which could lead to  the possibility of possibility of personal injury (including mental distress or trauma), death, property damage or other loss. 

I am aware that weather conditions, including temperatures may be extreme and could change rapidly and without warning.

I am aware that some medical conditions may be exacerbated or aggravated during a Trip and related activities, and that I may be traveling in remote locations with poor communications and inability to obtain rescue or medical assistance quickly or easily.

Knowing the risks, dangers, and hazards described above, and in consideration of being given the opportunity to participate on the Trip, I freely accept and fully assume, for myself and anyone claiming on my behalf, all the risks, dangers, hazards of the Trip, and the possibility of personal injury (including mental distress or trauma), death, property damage or other loss.  I willingly accept these risks and agree to the terms of this Release and Waiver, even if Hiking Biking Vegan Inc., or any of its shareholders, directors, officers, employees, servants, guides, agents, outfitters, contractors, suppliers or representatives (collectively, “HBV”), are found in law to be negligent or in breach of a duty of care or any other obligation to me in their conduct of the Trip.  I understand that HBV is not responsible for any personal injury (including mental distress or trauma), death, property damage or other loss that I, or anyone claiming on my behalf may sustain which are in any way related to the Trip.

2. INFECTIOUS DISEASE / PANDEMIC

I am fully aware of the possibility of a global virus or other infection disease outbreak, and inherent risks involved when choosing to travel. I am aware that it is my personal decision to travel and I am doing so with full knowledge of travel recommendations, restrictions, regulations, and risks as well as the possibility of future travel restrictions, and I take sole responsibility for my actions with regards to traveling.

I acknowledge that due to infectious diseases, viruses or  other reasons not reasonably foreseeable at this time, the Trip may be interrupted or canceled by HBV, a government entity or other third party over which HBV has no control.  I release, waive, discharge and agree not sue HBV for any and all consequences and liability for any damages, including but not limited to financial losses, I may incur as a result of such interruption or cancellation of the Trip.

I am aware of the specific travel warnings, travel restrictions, and travel rules in place in connection with the Trip, as well as the fact that travel warnings, restrictions, and rules are in place around the world. I am also aware that future travel warnings, travel restrictions, and travel rules are likely to occur without notice.  I am aware that travel restrictions, quarantine or isolation orders may be imposed during the Trip which may result in my inability to complete the Trip as planned.  I understand and accept the risks and consequences of these travel warnings, restrictions, and rules.  I am solely responsible for any costs associated with any travel restrictions, quarantine or isolation orders, including, without limitation, additional accommodation, food or travel costs.   I am aware that traveling restrictions may be put in place before, during, or after traveling that may impede the ability to enter or exit travel locations or return home as planned. I am solely responsible to ensure I have obtained travel insurance to ensure I have coverage for all medical needs, trip cancellation and repatriation, and that I have all the necessary provisions for travel.

I voluntarily assume the higher risk that I may be exposed to or infected by an infection disease or virus  while traveling. Such exposure or infection may result in personal injury, illness, permanent disability, and possible death. I assume all the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, financial loss or expense, of any kind, that I may experience or incur in connection with the Trip.  

I hereby release, waive, discharge and agree not sue HBV for any and all consequences of traveling related to any infection disease, virus, pandemic or other unforeseen medical event , including but not limited to: travel warnings, travel restrictions, travel rules, as well as travel warnings, restrictions, and rules changing without notice, illness, death, property damage, financial loss, costs, penalties, fees, fines, cancellations, postponements, quarantines, health regulations and/or screenings, regardless of whether these consequences are imposed by governmental agencies of the locations to which I am traveling to and through and/or suppliers, including but not limited to: airlines, airports, hotels, tour agencies, transfer agencies, and/or any other provider involved in the Trip.

3. MEDICAL/HEALTH & TRAVEL INSURANCE

I am solely responsible for selecting and purchasing adequate medical/health insurance.  No medical/health insurance will be provided by HBV.   HBV is not responsible for any medical or health problems I may sustain in connection with the Trip, nor is it responsible for any costs or expenses associated with such medical or health problems.

I am solely responsible for selecting and purchasing adequate travel insurance.  HBV will provide no travel insurance. The travel insurance should provide cover against theft, personal accident, personal liability, repatriation, and cancellation of tickets.  WVT is not responsible for any injury, loss or damage that could or should be covered by adequate travel insurance nor is it responsible for any costs or expenses associated with such injury, loss or damage.

4.  PERSONAL RESPONSIBILITY

I understand and acknowledge that every country has its own laws and standards of acceptable conduct.  I recognize that behavior which violates those laws or standards, could harm HBV’s relations with those countries and their institutions, as well as my own health and safety.  I agree to follow the instructions or directions provided by HBV throughout the Trip, and to become informed of and abide by the laws and standards for every country to or through which I travel during the Trip.  I understand and acknowledge that any legal problems, including any costs or expenses associated therewith, that I may encounter with any foreign nationals or government during the Trip are entirely my responsibility.   HBV is not responsible for providing any assistance under such circumstances, nor is it responsible for injury, damages or losses I may sustain as a result of such legal problems.

5. RELEASE  AND WAIVER

I waive any and all claims that I have or may in the future have against, and release from all liability and agree not to sue, HBV for any personal injury (including mental distress or trauma), death, property damage or other loss that I may sustain during or as a result of the Trip due to any cause whatsoever on the part of HBV or others, including: negligence – including the failure to use such care as a reasonably prudent and careful person would do in the circumstances and failure to meet reasonable standards of care; breach of any other duty imposed by law;  breach of contract; and mistakes or errors in judgment of any kind.

6. INDEMNIFICATION

I (for myself and anyone acting on my behalf)  hold harmless and indemnify HBV from: any and all liability for any personal injury (including mental distress or trauma), death, property damage or other loss sustained by me or any third party resulting from my participation in the Trip; and any and all claims, demands, actions and costs which might arise out of my participating in the Trip and all related activities, even though such claims, demands, actions and costs may have been caused by the negligence, breach of contract, breach of duty or mistake of HBV.

 7. GENERAL

In signing this Release and Waiver I am not relying on any oral, written or visual statements of any kind, including promotional statements made by HBV in its website or brochures to induce me to go on the Trip.  I confirm that I am of the full age of eighteen years, that I have had sufficient time to read and understand what I am agreeing to in this Release and Waiver before signing it and that it will be binding upon anyone claiming on my behalf, including my heirs, next of kin, executors, administrators and successors.  I understand that by signing this Release and Waiver I am giving up substantial rights, including the right to sue.  I agree that this Release and Waiver and the agreements it contains will be governed exclusively in all respects by — and interpreted solely in accordance with the laws of — the State of North Carolina, United States of America.  I hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of North Carolina, United States of America and agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein.  Any litigation to enforce this agreement will be instituted in the State of North Carolina, United States of America and nowhere else.