This Participation Agreement (“Agreement”) is made and entered into by and between the individual participant listed on the signature page of this Agreement, (“Participant”) and Wheel the World Inc., a Delaware public benefit corporation (“WTW”) (collectively, the “Parties”), and is effective as of the date of Participant’s signature on the signature page. In consideration of the opportunity to participate in the Excursion (as defined below), the Participant agrees as follows:
I. Excursion, Conduct, & Cooperation.
WTW is excited that Participant has agreed to take part in a life changing adventure (the “Excursion”) that is described in the itinerary (the “Itinerary”), attached hereto as Exhibit A. The terms of this Agreement shall apply to all activities described in the Itinerary. It is critical that all participants help foster a mutually supportive environment. As such, Participant agrees to be considerate of, and patient with, other participants, as well as all WTW personnel. Participant also agrees to read all material provided by WTW in advance of the Excursion, to adequately prepare for the Excursion, and to prudently follow all directions from WTW prior to and during the Excursion. Participant understands and acknowledges that using alcohol, tobacco, and drugs are prohibited during the Excursion.
II. Assumption of Risk.
Participant is engaging in the WTW Excursion voluntarily and understands that WTW cannot and does not guarantee Participant’s personal safety. Participant agrees that participation in recreational and other activities conducted by or in conjunction with the Excursion, and travel to and from such activities, involves inherent risks, such as: physical injury, illness, death, or loss of personal property. Participant also understands that some injuries may require special treatment, personnel, and equipment which may be remote either by time or distance or both, from the Excursion site. Participant assumes all such risks without limitation.
III. Limitation & Release of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT HEREBY ABSOLVES, RELEASES, AND WAIVES ANY AND ALL LIABILITY, CLAIMS, OR DEMANDS AGAINST WTW AND ITS MEMBERS, OFFICERS, DIRECTORS, AGENTS, INSTRUCTORS, TRIP LEADERS, AND CONTRACTORS, AS WELL AS THE PROPERTY OWNER(S) WHERE THE EXCURSION WILL OCCUR (IF ANY), FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATSOEVER CAUSES OF NATURE ARISING FROM AND BY REASON OF ANY AND ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN BODILY AND PERSONAL INJURIES INCLUDING BUT NOT LIMITED TO SERIOUS INJURY, ILLNESS, DEATH, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF RESULTING FROM, OR RELATING TO, PARTICIPATION BY PARTICIPANT IN ANY ACTIVITIES CONDUCTED BY OR IN CONJUNCTION WITH WTW.
Participant agrees to defend, indemnify, and hold harmless, WTW and its members, officers, directors, agents, instructors, trip leaders, and contractors, as well as the property owner(s) where the Excursion will occur, from and against any and all liabilities, damages, losses, costs and expenses, including the reasonable fees of attorneys and other professional third parties (collectively, “Losses”), arising out of or resulting from any and all third-party suits, claims, actions, proceedings or demands (“Claims”) to the fullest extent permitted by law, based upon the negligence, recklessness or wrongful intentional acts or omissions of Participant.
V. Medical Information & Release.
As soon as practicable, but not less than two weeks in advance of the Excursion, Participant shall provide WTW with all physical and mental health conditions, and other medical information, requested by WTW through the medical information form provided to Participant concurrently with this Agreement. Participant represents and warrants that all information provided to WTW is accurate and complete. The medical information provided by Participant will remain confidential and will only be provided to WTW personnel and individuals who have a need to know such information.
WTW reserves the right to disqualify Participant prior to the Excursion, or at any time during the Excursion if WTW’s personnel believe Participant is mentally or physically incapable to participate, or continue to participate, and/or if Participant’s participation jeopardizes other participants or Participant’s own safety.
“WTW strives to make the Excursion available to individuals with physical impairments and that is ultimately the purpose of the Excursion, however, the Excursion may still require significant physical exertion, and Participant represents and warrants that Participant has no physical impairment or defect that should preclude participating in the Excursion. Participant is solely responsible for administering any medications or inoculations that Participant or Participant’s doctor deem necessary and WTW is not responsible for providing any medical advice, or administering any such medications or inoculations. Medical facilities for serious problems may be unavailable during the Excursion, and evacuation can be prolonged, difficult and expensive. Participant agrees to pay for any emergency evacuation and emergency medical care required to be provided to Participant. Participant gives consent to WTW to secure, at Participant’s sole expense, rescue/evacuation services and medical treatment and further agrees to the performance of such treatment that may be deemed necessary in the opinion of an attending physician.
Participant acknowledges and agrees that Participant is not covered by any insurance held by WTW. It is mandatory that Participant purchase appropriate and sufficient insurance coverage, and Participant represents and warrants that Participant has sufficient health, accident, and liability insurance to cover any and all bodily injury or property damage that Participant may incur while preparing for, participating in, and traveling to and from the Excursion, to cover emergency evacuations, and to cover bodily injury or property damage that Participant may cause to any third party.
VII. Publicity Rights.
Participant grants WTW the full and absolute right to copyright, re-use, publish and republish by any medium, including electronically, any photos, videos, or other images of Participant or in which Participant may be included, that may be taken while participating in the Excursion.
VIII. Fees; Cancellation; and Refunds.
Participant’s enrollment and involvement in the Excursion is contingent on payment in full of all applicable fees as specified by WTW. To maintain the quality of hands-on instruction, each WTW Excursion enrolls a limited number of participants. When individuals cancel near the beginning of the Excursion date, it prevents other potential participants from enrolling. In addition, while “invisible” to the participant, much time and money is spent preparing for participants to attend excursions. WTW’s cancellation and refund policy reflects the fact that it’s impossible to recover these upfront costs and Participant acknowledges and agrees that the cancellation and refund policy specified below reflects a fair and reasonable estimate of the actual damages that WTW will incur, and that the actual damages are impossible to calculate at the time of this Agreement. The fees, cancellation, and refund policy is as follows:
• The total amount of the fees due to WTW for the Excursion are $[amount] (the “Excursion Fee”). The Excursion Fee includes all of the items described in the Itinerary. The Participant shall pay the Excursion Fee at the time of registering for the Excursion.
• The Participant may cancel and receive 95% of the Excursion Fee if the Participant cancels the Excursion no later than fifteen (15) days before the Excursion is set to begin (the “Excursion Start Date”). The Participant understands and agrees that WTW must retain 5% of the Excursion Fee no matter the date the Participant cancels the Excursion. If the Participant cancels the Excursion within fifteen (15) days of the Excursion Start Date, the Participant agrees and understands that the Participant will not receive a refund of the Excursion Fee.
• If the Participant needs to reschedule the Excursion, then the Participant must inform WTW no later than fifteen (15) days before the Excursion Start Date. The Participant understands and agrees that, in the event of a rescheduling, WTW must retain 5% of the Excursion Fee no matter the date the Participant informs WTW of the Participant’s intent to reschedule the Excursion. The decision to allow Participant to reschedule the Excursion will be made at WTW’s sole discretion. Additional fees may apply.
• If Participant fails to attend the Excursion, arrives late for the Excursion such that participation does not occur, or leaves the Excursion for any reason once it has begun, no refund will be provided (no exceptions).
• If WTW cancels the Excursion, a full refund will be provided to Participant.
• WTW assumes no responsibility for any additional expenses incurred as a result of cancellation.
• Payment of all fees may be made by cash, check, or credit card, at WTW’s sole discretion.
(a) Age. Participant represents and warrants that Participant is eighteen (18) years of age or older, or if not, the undersigned parent or guardian agrees to be bound by the terms of this Agreement on behalf of the minor.
(b) Governing Law; Venue. This Agreement shall be governed by the laws of the State of California, without regard to conflict of law provisions. The Parties agree that any dispute will be brought in Alameda County, California. Both Parties consent to venue and personal jurisdiction there.
(c) Arbitration. In the event of disputes between the parties arising from or concerning in any manner the subject matter of this Agreement, the parties will first attempt to resolve the dispute(s) through good faith negotiation. In the event that the dispute(s) cannot be resolved through good faith negotiation, the parties will refer the dispute(s) to a mutually acceptable mediator. In the event that such dispute(s) cannot be resolved through mediation, the parties will refer the dispute(s) to the American Arbitration Association for resolution through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes. Any mediation or arbitration hereunder will be held in Alameda County, California.
(d) Successors and Assigns. This Agreement, and the rights and obligations of the Parties hereunder, will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives.
(e) Entire Agreement. This Agreement is the entire agreement of the Parties as to the subject matter and supersedes all prior written and oral agreements and understandings relating to same.
(f) Assignment. WTW reserves the right to assign this Agreement and its rights and obligations hereunder without Participant’s consent. Participant may not assign this Agreement.
(g) Severability. Should any provision of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect.
(h) Amendments and Waiver. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the Parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision.
THE PARTIES HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND AGREE TO THEM AS OF THE DATE OF PARTICIPANT’S SIGNATURE BELOW.
For more information on the Excursion and WTW generally, please visit WTW’s website at https://gowheeltheworld.com.