READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

 

In exchange for participation in the activity of tourism included but not limited to walking tours, field trips and training organized by A Couple of Guides (“Guides”) and/or use of the property, facilities and services of Guides, I agree for myself and (if applicable) for the members of my family or group, to the following:

 

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Guides, or the employees, representatives or agents of Guides.

 

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Guides for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Guides, whether caused by the fault of myself, my family, Guides or other third parties.

 

3. INDEMNIFICATION. I agree to indemnify and defend Guides against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Guides.

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4. CONSENT. I consent to the involvement of all adult participants registered and also all minors who are under the age of 18, in the activity of walking tours, field trips and training, and I agree on behalf of the mentioned participants to all of the terms and conditions of this Agreement. By accepting this Release of Liability, I represent that I have legal authority over and custody of all registered participants.

 

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Howard County, Maryland law.

 

6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to electronically consenting to this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge the refund policy of Guides and that participation may be denied without proper consent to this Agreement.

 

7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

 

8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

 

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

 

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

 

10. EMERGENCY CONTACT.  I agree to inform a representative of Guides in writing of any medical conditions that could potentially be at risk during Guides services. Participants can submit emergency contact information for Guides representatives to access but Guides does not accept any liability in case of an emergency situation.

 

11. VIDEO/PHOTO - Guides reserves the right to take and use photographs/video without expressed written permission of those included within the photographs/video. Guides may use the photograph/video in publications or other media material produced, for educational, promotional, marketing or other purposes, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. A person who does not wish to have their image recorded for distribution should make their wishes known by contacting Guides in writing of his/her wishes and include a photograph within a reasonable amount of time prior to the event. Guides will use the photograph for identification purposes and will hold it in confidence.

 

By participating in a Guides event or by failing to notify Guides in writing, your desire to not have your image used by Guides, you are agreeing to release, defend, hold harmless and indemnify Guides from any and all claims involving the use of your photograph or likeness.

 

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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