Waiver of liability for Covid-19:
Waiver of liability for Covid-19:
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
1.The safety and comfort of our guests has always been of paramount concern to The Cotour.
Since the announcement of the Covid-19 pandemic - by WHO (The World Health
Organisation) on March 11: 2020 - there have been more established risks associated with travel.
- We have worked diligently to give you the peace of mind you expect. However there is no way to eliminate all possible risks while travelling - and The Cotour - therefore can not assume liability in the unlikely event you contract Covid-19. This is the reason for the necessity of the following waiver of liability.
- The Novel Coronavirus, Covid-19, (herein Covid-19), has been declared a worldwide pandemic by the World Health Organisation. Covid-19 is extremely contagious, and is believed to spread mainly from person to person contact. As a result federal, state and local governments have recommended physical distancing, limiting group sizes in some locations and wearing face coverings.
- The Cotour has put in place preventative measures to reduce the spread of Covid-19.
However, The Cotour can not guarantee that you or your travel party will not become infected with Covid-19. In fact, traveling on a tour with The Cotour and participating in its activities could increase your risk of contracting Covid-19.
- By signing off on this agreement, I acknowledge the contagious nature of Covid-19, and voluntarily assume the risk that I might be exposed to or infected by Covid-19 by participating in this tour, and that such infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming infected with Covid-19 on this tour may result from the actions, omissions, or negligence of myself or others, included but not limited to The Cotour employees, contractors, suppliers (and their employees), and other people that we come into contact with during the tour, and other tour participants. I understand that complete knowledge of the risk factors of contracting Covid-19 is not complete, and that known and unanticipated risks may result in injury, illness, death or any other loss. I agree that having considered these risks I desire to participate in the tour and I freely and voluntarily assume complete personal responsibility for the risk of exposure, illness and death due to Covid-19, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is agreed to.
- DETAILS OF ACTIVITY I for myself, and on behalf of my and their heirs, assigns, personal representatives and next of kin voluntarily agree to assume all of the foregoing 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 in connection with this tour and its activities ("Claims") I hereby release, covenant not to sue, discharge and hold harmless The Cotour, its employees and contractors, agents and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related there to. I understand and agree that this release includes any claims based on the actions, omissions or negligence of The Cotour, its contractors, its employees, agents and the representatives, whether a Covid-19 infection occurs before, during or after participation in this tour.
- The Participant will participate in the following activity: Bali Retrea - with Amy of The Cotour: August 20-27:2022, Bali – with Rachel Hunter and Renee Hunter – special guests-as outlined in the Terms and Conditions document with specifics of the tour.
FULL AND FINAL SETTLEMENT
- The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
- The Participant understands that by agreeing to this this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against The Cotour for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above tour.
- The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
- In This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
- This Agreement will be governed by and construed in accordance with the laws of New Zealand.