WAIVER AND RELEASE OF LIABILITY

This Waiver and Release of Liability Agreement (the “Agreement”) is made and effective as of the date signed by Me below (the “Effective Date”). In consideration of the risk of injury while participating in The Trip from Delhi to Jaipur, India (the “Activity”), and as consideration for the right to participate in the Activity, I, ___________________________________, (“I” or “Me”) for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and release and forever discharge Virtue + Vice, LLC (the “Host”), their affiliates, managers, members, agents, attorneys, staff, not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. The Host and I may be referred to herein each as a “Party” and as the ”Parties” collectively.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGOICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATIONS(S). NONETHELLESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THE ACTIVITY.

I agree to indemnify and hold harmless Host against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by Me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by Me or by anyone else acting on my behalf. If Host incurs any of these types of expenses, I agree to reimburse Host.

I acknowledge that Host and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Host.

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE HOST AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST HOST FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the complete extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Host, its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

I acknowledge and agree that if, at any point during the event, My behavior is deemed by the Host to be harassing, abusive, argumentative, disrespectful, threatening, endangering the safety of myself or anyone else, or otherwise inappropriate, OR if I commit any act that violates any law, rule or ordinance, the Host may remove, eject, and/or exclude Me from any and all activities involved in the trip. The Host shall have sole discretion over whether to remove, eject and/or exclude Me during the length of this trip. 

I acknowledge and agree that I am responsible for all international travel to and from the Activity, including airfare, fuel, public transportation, rental car, taxi or rideshare services, luggage fees, and any other travel expenses until I arrive at a destination designated by the Host. I also understand that I am responsible for securing a passport and visa to lawfully travel to India for the Activity. 

I acknowledge and agree that if I misrepresent or violate any provision in this Agreement, or if I am ultimately unable to secure international travel, regardless of the reason, OR if the Host decides, in its sole discretion, to remove, eject, and/or exclude Me from any part of the Activity due to my behavior, I may forfeit any or all payments I have made, and I still may be liable to Host for any unpaid money I owe the Host.

If any one or more of the provisions contained in the Agreement shall for any reason be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, which shall be construed as if such invalid, illegal or unenforceable provision had never been included.

This Agreement is made under and will be construed in accordance with the law of New York without giving effect to that state's choice of law rules. The forum for any dispute or litigation arising out of this Agreement shall be in a court of competent jurisdiction located in New York City, New York, and I waive any objection to such venue, even based on the doctrine of forum non conveniens.

I AGREE TO THE TERMS OF THIS AGREEMENT.