Liability Waiver

I, * (type your full name), on behalf of myself and all others traveling with me for whom I am making this booking, acknowledge that I have voluntarily registered for the private guided tour, scheduled to take place on * (type date/s of tour). I understand that I may travel to remote areas that are inherently risky and perhaps far from medical care. I am prepared to, and by signing below agree to, assume the risks associated with this tour including (but not limited to): forces of nature, wildlife, terrorism, civil unrest, war, accidents, and local transportation including land vehicles, boats, and aircraft. I assume the risks associated with altitude, illness, disease, physical exertion, and alcohol consumption, knowing that access to evacuation and/or suitable medical care may not be available. By signing this Agreement, I agree to take full responsibility, at all times, for my own actions, safety and welfare. I understand I may be a member of a group and will conduct myself in a way that will not endanger the guide, the group, or myself. I understand that if I falsely represent myself as fit for this trip, I may be removed prior to or during the trip at my own expense.

I, * (type your full name), hereby release and discharge RICHARD P. FRAY, and FUN BIRDING TOURS, L.L.C., and its agents and employees from and against any and all liability arising from my participation in the private guided tour referred to above. I agree this release will be legally binding upon myself, my heirs, successors, assigns and legal representatives; it is my intention to fully assume all risk of travel and to release RICHARD P. FRAY, and FUN BIRDING TOURS, L.L.C., from all liabilities to the maximum extent permitted by law. I intend that this Agreement shall apply to all claims, regardless of whether founded, in whole or in part, on any negligent act or omission of any of the released parties.

I, * (type your full name), agree the venue for resolving any controversy or claim arising out of or relating to this Agreement or the performance of it, including, without limitation, any claim relating to bodily injury, property damage or death, shall be Nogales, Arizona (Santa Cruz County), U.S.A. I agree any such controversy or claim will be governed by Arizona law. I agree to make a good faith effort to mediate any such controversy or claim (in the same venue) prior to initiating any litigation. I recognize that mediation is a necessary prerequisite to a lawsuit. The parties to the mediation will split the cost of the mediator. If they cannot efficiently agree upon the identity of the mediator, each will select a person skilled in mediation, at each party’s own expense, and those two individuals will select a neutral third party, who will act as the sole mediator. I recognize and agree that in the event of litigation arising out of or relating to this Agreement or my performance thereunder, the prevailing party will be entitled to recover its reasonably expended attorney’s fees and all other related expenses. I acknowledge that my agreements and promises regarding mediation and litigation do not waive or modify the releases stated above in this Agreement.

Waiver Acceptance: * (type Yes)

Waiver Signature: * (type your full name)

Email: * (type your email address)

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