Waiver
Travel Waiver
This Agreement is important. It includes terms and conditions and releases Gray Global Productions, LLC from liability. It must be agreed to by all participants prior to the start of the trip.
LIMITATION OF LIABILITY AND RELEASE. Gray Global Productions, LLC of Santa Monica, California, its owners, directors, officers, employees and affiliates, (collectively “Gray & Co.”) does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over hotels or other lodging facilities, airline, aircraft, specialized aviation equipment such as helicopters/ float planes, charters etc., vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Gray & Co. is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party.
Without limitation, Gray & Co. is not responsible for any injury, loss, or damage to person or property, death, delay, or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, financial failure or defaults by suppliers, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, negligence with regard to bicycle selection or maintenance, the use, installation or maintenance of any optional or add-on equipment such as pedals, odometers, mirrors, bar ends, etc., dangers associated with or bites from animals, pests or insects, marine life or vegetation, sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of Gray & Co. In addition, I release Gray & Co. from its own negligence and assume all risk thereof.
ASSUMPTION OF RISK. I am aware that travel such as I am undertaking may involve hazardous activities, some in remote areas of the world, with a risk of illness, injury or death including, without limitation COVID-19 and other infectious diseases or epidemics, along with the potential for government quarantines, preclusions from entry, etc., as a result thereof. I am aware that weather conditions may be severe, adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible or consistent with standards in North America during some or all of the time during which I am participating on the trip and that when available may not be of the quality which exists in North America. In order to partake of the enjoyment and excitement of this trip, I am willing to accept the risks and uncertainty involved as being an integral part of my trip. I hereby accept and assume full responsibility for any and all such risks of illness, injury, inconvenience or death.
MISCELLANEOUS. Gray & Co. reserves the right to change hotels or other features of the trip’s itinerary if Gray & Co. believes it will enhance the safety, comfort or enjoyment of the trip. Gray & Co., in its sole discretion, reserves its right to decline to accept or retain any participant whose health or actions, in Gray & Co.’s sole judgment, impede the operation of the trip or the welfare or enjoyment of fellow participants. We strongly recommend that tour participants review the destination country’s specific information (see attached links below) both of which contain important information.
Gray & Co. reserves the right to change the itinerary or program features at any time and for any reason, with or without notice, and Gray & Co. shall not be liable for any loss of any kind as a result of any such changes. Gray & Co. may cancel or postpone a program (or an option) for any reason whatsoever. If so, for cancellations based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to Gray & Co. but only to the extent its suppliers are crediting Gray & Co. with those moneys paid by Gray & Co. to them. Under no circumstances is Gray & Co. obligated to refund the cost of any purchased travel insurance. Gray & Co. is not required to cancel any program for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. Gray & Co. is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if Gray & Co. makes the flight arrangements or cancels the program. Gray & Co. reserves the right to substitute vessels, hotels or attractions of a similar category for those listed in this brochure.
VOLUNTARY PARTICIPATION. I acknowledge that I have voluntarily applied to participate on the trip designated on this application (or a trip to which I transfer or which I book at a later date) and that I have read/will read the description of the trip together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the risks involved.
EFFECTIVENESS OF THIS RELEASE FROM LIABILITY, ASSUMPTION OF RISK & BINDING ARBITRATION CLAUSE AS TO FUTURE TRIPS. I understand that except for minors who turn 18 subsequent to the execution of this document, this Release from Liability, Assumption of Risk & Binding Arbitration Clause is fully binding for all trips taken by me and for those I sign on behalf of for two years from the date of my signature hereon. Any minor turning 18 after the signing (and who is on a different trip) must personally execute Gray & Co.’s then current Release from Liability, Assumption of Risk & Binding Arbitration Clause.
BINDING ARBITRATION. I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, according to the then existing Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law and without consideration of the California Arbitration Act and will take place in Santa Monica, CA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury. Any arbitration commenced against Gray & Co. must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can participant be part of a class or other joint action.
TRAVEL INFORMATION SPECIFIC TO YOUR DESTINATION(S) (links below):