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:
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.
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.
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.
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.
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.
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: