1. The undersigned participant, hereinafter referred to as “Participant,” understands that in order to participate in the Star Alliance MegaDo events described at http://www.megado.com beginning on October 13, 2019 and ending on October 16, 2019 (“Event”) s/he must sign this agreement. To participate in the charter flights the Participant must also sign a separate Operator-Participant Agreement. Participant acknowledges that s/he understands that certain risks are inherent in foreign travel and that s/he fully accepts those risks. These risks may include, but are not limited to, war; quarantine; civil unrest; public health risks; criminal activity; terrorism; exposure to communicable diseases; ill effects of unfamiliar food and water; incidents related to ground, air or water transportation, adverse weather conditions, accident, injuries or damage to property; and other physical, mental, financial and emotional injury. The organizer, MegaDO, LLC is not responsible or liable for Participant’s safety and Participant assumes full responsibility for all risks associated with Event and hereby releases Organizers from any such responsibility or liability on account thereof.
2. Participant fully understands the above risks and the scope of the activities involved Event and agrees to assume all risks of participation in Event, including the risk of catastrophic injury or death.
3. Participant, and on behalf of his/her heirs, successors, assigns and personal representatives, agrees to indemnify, hold harmless, release and forever discharge Organizers, their employees, agents, and cooperating institutions and their employees and agents from any and all claims and expenses even if through negligence, including reasonable attorney’s fees, for any injury, loss, or damage to person or property, including catastrophic injury or death, related to the Event or suffered by the Participant.
4. Participants are responsible for their own actions at all times during the Event. In the event Participant’s conduct causes damage to persons or property, the Participant will be held responsible for the damages to the person or property. In the event that the Organizers are required to pay for damages arising out of the Participant’s actions, the Participant agrees to indemnify Organizers for such loss, and to pay the Organizers upon demand for said damages.
5. Participant assumes full financial responsibility for all costs and expenses incurred by Participant in connection with the Event, including, without limitation, financial responsibility for damage or destruction to property of third parties by Participant.
6. Participant affirms that s/he has no known health-related reasons or problems that preclude or restrict Participant’s participation in the Event. Participant is responsible for obtaining and maintaining such health, accident, disability, hospitalization and travel insurance as s/he may deem necessary for the Event, and to be responsible for the costs of such insurance and for any expenses not covered by insurance.
7. Participant affirms that s/he is fully admissible to all countries on the itinerary. Should the participant be denied entry into any country on the itinerary, the participant shall be responsible for all cost associated with returning the participant to their point of origin. Participant further agrees to reimburse the Organizers for any costs incurred due to participant’s inadmissibility to any country.
8. All trip deposits are nonrefundable. And, once final payment is made, such payment also becomes non-refundable, unless permitted under any applicable Operator-Participant Agreement. Participant is advised to obtain trip interruption/cancellation insurance in the event of a forced or unforeseen trip cancellation.
9. Participant understands that Organizers in no way represent or act as agent for transportation carriers, hotels, and other suppliers of services connected with Event, other than as described in the Operator-Participant Agreement Participant agrees that Organizers are not responsible or liable for:
- Any changes in travel plans, travel delays, or weather;
- Any injury, damage, or loss which may be caused by any vehicle or conveyance
- Any negligence or default of any business or person engaged in providing or performing any of the services involved in this Event;
- Any loss, damage, destruction, theft of Participant’s luggage or personal belongs.
10. Should Participant have or develop legal problems with any foreign nationals or governments, Participant will attend to such matters personally with Participant’s own personal funds. Organizers are not responsible for providing financial or any other assistance under such circumstances.
11. Participant understands that if s/he engages in disrespectful, hostile, or violent behavior that threatens another person or Event, Participant will be subject to immediate removal from Event. No refund will be given to any Participant removed for such behavior. Organizers will not be responsible for any such Participant’s additional travel, legal, or other expenses resulting from removal from Event, including, but not limited to returning the Participant to the point of origin.
12. If Participant chooses to consume alcohol, Participant will remain responsible for his/her actions at all times. Participant is expected to drink responsibly. Excessive and irresponsible drinking leading to intoxication and behavior that interferes with the Event or the safety and comfort of others will result in Participant being removed from event as set forth in Paragraph 11 above.
13. Due to the nature of the Event, Participant understands and agrees that agents from Television, Radio, Internet, Press or other agencies (collectively “Media”) may be in attendance at the Event. Participant hereby agrees to the use of their likeness by the Media in association with coverage of the Event.
14. Participants are strongly encouraged to consult the U.S. State Department Consular Information Sheets and Travel Warnings at http://travel.state.gov/travel_warnings.html, the Centers for Disease Control (CDC) at http://www.cdc.gov, or similar agency in Participant’s country of origin, and their own medical and legal advisors with regard to the destination countries and their risks prior to signing this agreement.
15. In the event that any portion of this agreement/waiver is in contradiction with the Operator-Participant Agreement the terms of the Operator-Participant Agreement shall take precedence.
16. Dispute Resolution and Choice of Law — In any action arising out this waiver the undersigned agrees that the dispute will be brought before an arbitrator in Rochester, Minnesota United States of America. The law of the State of Minnesota shall be the law of the action. All fees associated with the arbitration shall be borne by the party losing said arbitration.
16. Severability — If any single portion of the above waiver is declared invalid or ineffective by a court of competent jurisdiction only that portion declared invalid or ineffective shall be stricken from this waiver. The remaining portions of this waiver shall still remain in effect.