Liability Waiver Form
Please review the following Liability Waiver Form carefully. Then sign, date, and submit it at least two weeks prior to your tour. Thank you!
BY AGREEING TO THE TERMS OF THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS
FOR PARTICIPANTS OF MINORITY AGE (less than 18 years old): I hereby certify that I, parent/guardian with legal responsibility for this participant of minority age, do consent and agree to his/her release of all AKWESASNE TRAVEL, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify AKWESASNE TRAVEL for any and all liabilities incident to this participant of minority age’s participation in the Activities.
Akwesasne Travel and their respective directors, officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors, and assigns (individually and collectively, “AKWESASNE TRAVEL”).
I am providing this Waiver to the companies and people involved in organizing and providing the services I have requested in connection with my travel arrangements.
“Activities” means the activities and services that Akwesasne Travel will be providing, arranging, or organizing on my behalf depending on my chosen itinerary.
These may include:
- Participation in a cultural tour
- Travel in public and private transportation (including to and from tour areas)
- Boat rides
- Close proximity to machinery
I am aware that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects.
I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities.
I acknowledge that I am required to wear approved safety equipment while participating in certain Activities. I am aware that there are guides and instructors available to answer any questions I may have as to the proper use of any equipment.
I understand that the Activities may require physical exertion and it is my responsibility to make sure I am healthy enough to participate. I will use the recommended safety equipment and ask questions if I am unsure about how to properly or safely use equipment.
Assumption of Risks:
I am aware that the Activities involve many risks, dangers, and hazards which may include but are not limited to:
- personal injury and/or death;
- changing weather conditions;
- interactions or encounters with wildlife;
- equipment malfunctions
- negligence of other participants or guides;
- negligence on the part of the Akwesasne Travel, including failure to safeguard or protect from the risks or dangers of the Activities
- consumption of alcohol, use of illegal or recreational drugs;
- collisions with vehicles, equipment, or structures;
I acknowledge that there are numerous risks I may face during my involvement in the Activities including, but not limited to the risks listed here.
Alcohol & Illegal Substances:
If I use, consume, or am under the influence of alcohol, illegal or recreational drugs prior to or while engaging in the Activities, I WILL BE ASKED TO LEAVE THE TOUR. THERE WILL BE NO REFUND. IN ADDITION, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THE ACTIVITIES INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Akwesasne Travel or third parties, and will indemnify Akwesasne Travel from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.
If I consume alcohol, illegal or recreational drugs before or during my involvement in the Activities I will be asked to leave the tour, and I am responsible for any loss, injury, or damage I cause to myself or others.
Risks, Dangers & Hazards Associated with the Activities:
I am not relying on any oral or written representations or statements made by Akwesasne Travel about the safety of the Activities other than what is stated in this Waiver.
I freely accept and fully assume these risks and the possibility of injury and loss resulting from my participation in the Activities.
I understand and accept the risks of participating in the Activities. I am relying on the statements about the risk contained in this Wavier as the definitive source of information about the safety of the Activities over any other communications or materials.
Release of Liability, Waiver of Claims & Indemnity Agreement:
In consideration of Akwesasne Travel allowing me to participate in the Activities I agree:
- In the event that I, or my next of kin, suffer any loss, damage, expense, or injury from my participation in the Activities INCLUDING THOSE CAUSED BY THE RISKS SPECIFICALLY OUTLINED IN THIS WAIVER, I AGREE TO WAIVE ANY AND ALL CLAIMS I have or may have in the future against AKWESASNE TRAVEL and to RELEASE AKWESASNE TRAVEL from any and all liability;
- TO HOLD HARMLESS AND INDEMNIFY AKWESASNE TRAVEL from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Activities;
- Any litigation involving the parties to this Agreement shall be brought solely within the jurisdiction of the Saint Regis Mohawk Tribe and shall be within the exclusive jurisdiction of the Saint Regis Mohawk Tribal Court
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.
- This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Saint Regis Mohawk Tribe and no other jurisdiction.
Media Release Policy
Upon booking a tour I allow Akwesasne Travel and all of its travel industry partners, agent, affiliates and tour companies to make use of my appearance in media (e.g. print collateral, website,etc.) and social media, under the condition that nothing will be used to negatively portray my person without my consent. I acknowledge that Akwesasne Travel, its partners, agents and affiliates shall have complete ownership of any footage/audio/photos it takes. I give Akwesasne Travel the right to use my name, likeness and biographical material to publicize the program and services of Akwesasne Travel and its partners, agents and affiliates without compensation. I understand that I am NOT being hired/recruited by Akwesasne Travel nor is Akwesasne Travel in any way responsible for me. As the legal parent/guardian of any minor children, I also grant permission to Akwesasne Travel to use my child’s/children’s appearance in the aforementioned ways.