- Additional Indemnity.
The undersigned agree, individually and together, at their own cost and expense, to defend, indemnify and hold harmless the Releasees or any one of them from and against any Claims or Costs incurred by the Releasees or any of the Releasees resulting from the breach of any of the representations, warranties, promises or obligations of the Undersigned under this Agreement.
If any of the provisions set forth in this Agreement are held to be unenforceable by any court having jurisdiction in the matter, THE UN- DERSIGNED CONFIRM AND AGREE, INDIVIDUALLY AND TOGETHER, THAT IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASEES TO THE UNDERSIGNED OR ANY PERSON FOR WHOM THE UNDERSIGNED IS RESPONSIBLE IN LAW EXCEED THE SUM OF $1,000.00.
- Suppliers to Quivertree.
The Undersigned understand that as a Canadian-based adventure travel company, Quivertree organizes, promotes, and sells travel programs consisting of certain travel services, including but not limited to surface transportation, excursions, and accommodations which Quivertree purchases or reserves from various suppliers in behalf of the Undersigned. The Undersigned are aware, and clearly understand, that the sup- pliers providing services for or supplemental to the travel programs sold by Quivertree are independent contractors and are not agents or employees of Quivertree nor does Quivertree act as an agent for any supplier of travel services. Therefore, THE UNDERSIGNED ACKNOWL- EDGE AND AGREE THAT QUIVERTREE WILL NOT BE RESPONSIBLE FOR THE WILFUL OR NEGLIGENT ACTS OR OMISSIONS OF SUCH SUPPLIERS OR OF ANY AIR CARRIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS OR REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THE PARTIAL OR INADEQUATE DELIVERY OF SERVICES. All coupons, receipts and tickets from any third party suppliers arranged by Quivertree are issued subject to their additional terms and conditions specified by the suppliers, or air carriers. The Undersigned agree that any Claims which they have, or may arise out of, or in connection with, travel services arranged by Quivertree with third party suppliers must be taken up directly with the actual provider of any such services whose names and addresses will be provided to the Undersigned prior to departure or otherwise upon request.
The Undersigned each represent that they are at least the age of majority in the jurisdiction where they are resident.
- Allocation of Risk.
The Undersigned acknowledge and agree that the provisions of this Agreement reflect an informed allocation of risk between Quivertree and the Undersigned, including, but not limited to, the nature of the release, waiver, indemnity, limitation of liability and exclusion of rem- edies described in this Agreement. A modification of the allocation of risks set forth in this Agreement may require Quivertree to acquire, or substantially increase the nature or extent of its, insurance coverage which in turn, would affect the fees for its services charged for the Travel Activity to the Undersigned, and the Undersigned agree to such allocation of risk.
- Dispute Resolution.
This Agreement will be interpreted in accordance with the laws (procedural and substantive) of the Province of British Columbia, Canada as if made and performed by and between parties situate in such province and without regard to conflict of laws doctrine. Any and all Claims arising out of or in connection with or in relation to this Agreement, including any question regarding its existence, validity, performance, or termination, and any tort or other common law or statutory Claim arising out of or relating to its execution or performance will be submitted to and be subject to the jurisdiction of the courts of the Province of British Columbia which will have exclusive jurisdiction in the event of any Claim under this Agreement. The Undersigned individually and together irrevocably submit to the jurisdiction of the Courts of British Columbia above to finally adjudicate or determine any Claims arising out of or in connection with this Agreement. The Undersigned individually and together waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason; and (b) any statutory or other right pursuant to the laws of the jurisdiction in which the Undersigned reside to have a case or hearing relating to this Agreement adjudicated or resolved in that jurisdiction.
Each provision of this Agreement is declared to be a separate and distinct provision, separable from all other such separate and distinct provisions. If any provision or part thereof is determined by a court of competent jurisdiction to be void or unenforceable in whole or in part, the remaining provisions and any partially enforceable provision will be binding and enforceable, and the parties hereto agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.
This Agreement will enure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, personal represen- tatives and permitted assigns.
- Defined Terms.
In this Agreement,
- “Claims” means actions, causes of action of any nature whatsoever (whether in contract or in tort or any other theory of recovery in law or equity), suits, proceedings, complaints, claims, contentions, disputes, controversy, or demands of any kind whatsoever, both in law or in equity, whether implied or express, and “Claim” includes any one of the Claims;
- “Costs” includes any damages, losses, liabilities, settlements, awards, fines, costs or expenses, including, without limitation, legal fees on a solicitor and own client basis, and court costs;
- “Releasees” includes Quivertree Family Expeditions Inc., its directors, officers, employees, volunteers, guests, invitees, representa- tives, agents, independent contractors, suppliers, clients, successors, administrators, assigns or any other person or entity for whom any of the aforesaid Releasees may be responsible in law, and “Releasee” means any one of the Releasees;
- the conjunction “or” shall be understood in its inclusive sense (and/or); and
- the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to”or other words of similar import are used with reference thereto).