LIABILITY WAIVER, AND ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

In consideration of the travel services provided by Wandermust Journeys, LLC ("Wandermust"), including, but not limited to, arranging air, sea or land transportation, lodging and any pre-packaged, group or customized individual tours), I, an adult traveler or parent or legal guardian of a traveler under the age of 18 (Minor), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf, my traveling companion and on behalf of any Minor for whom I am signing.

AGENT OF THE SUPPLIERS OF TRAVEL SERVICES
I acknowledge and understand that Wandermust is acting as a mere agent for the supplier of travel services and conveyances advertised and/or sold by Wandermust. Any and all suppliers of services and conveyances advertised and/or sold by Wandermust are third party vendors and Wandermust retains no ownership interest, management, or control of those third-party vendors.  I have been advised that the suppliers whose names appear in my itinerary and travel documents, including, but not limited to the airlines, rail and land transportation companies, hotels and other lodging providers, cruise lines rental car companies, tour operators, are those who are actually responsible for providing the travel services I have purchased. I consent to and request the use of those suppliers and agree not to hold Wandermust responsible should any of these suppliers: 1) fail to provide the travel services I have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience.  To the fullest extent permitted by law, Wandermust does not assume liability for any injury, damage, death, loss, accident or delay due to an act or omission of any third parties (including third party vendors), governmental authority, or acts attributable to myself, including, without limitation, negligent or reckless acts.

TRAVEL RISKS
I acknowledge that I am voluntarily engaging in travel and tour activities with knowledge that travel involves numerous risks and dangers including, but not limited to, the following: negligence by Wandermust in making travel arrangements in any respect from inception to completion; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; forces of nature; civil unrest and war; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in the United States; crossing roadways and entering/exiting vehicles; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures, malfunctions or deficiencies; social or labor unrest; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; diseases; epidemics; bites or stings from insects or pests; local laws; climactic conditions; abnormal conditions or developments; negligence by third-party service providers; financial default of any third-party suppliers; and any actions, omissions or conditions outside of Wandermust’s control not mentioned herein.

I acknowledge that these are some, but not all, of the inherent and acquired risks associated with engaging in travel and tour activities. A complete listing of inherent and acquired risks is not possible.

I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of the Minor, I have discussed the travel risks with the Minor, and he or she wishes to engage in travel and tour activities nevertheless.

MEDICAL CERTIFICATION AND INSURANCE
I certify that I have adequate insurance to cover any injury or damage I or the Minor may cause or suffer while traveling, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety while traveling, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition.

Wandermust is not a supplier of trip cancellation or travel accident insurance and we assume no responsibility for any representations or statements made related to insurance coverage, including those made by us. 

COUNTRY CONDITIONS
Wandermust has no special knowledge concerning unsafe conditions, political unrest, dangers to health, weather hazards, natural disasters, climate extremes in the destinations I may travel or the financial condition of the Suppliers.  To obtain information on unsafe country conditions, we advise contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or visit their website at www.travel.state.gov. Wandermust highly recommends registering with the State Department's Smart Traveler Enrollment Program (STEP) to receive travel alerts and warnings that may issue in the future. STEP enrollment enables the local U.S. consulate to better assist American citizens traveling overseas in case a personal emergency arises during overseas travel. To obtain health and medical information related to travel destinations, we advise contacting the Centers for Disease Control at (877) FYI-TRIP or visit their website at www.cdc.gov/travel.  I assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of my destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). 

WAIVER OF LIABILITY, RELEASE, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, and excepting only such claims which arise directly from Wandermust's gross negligence or willful misconduct, I, an adult traveler, or as parent or legal guardian of the Minor, on behalf of myself, the Minor, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE Wandermust, its owners, shareholders, officers, employees, directors, representatives, volunteers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any kind which I or the Minor now have or may later have against the Released Parties arising out of, relating to, or in connection with the travel services arranged through or provided by Wandermust whether arising from or caused by the Released Parties’ ordinary (but not gross) negligent acts or omissions or otherwise.

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all Minors traveling with me or on whose behalf I am signing this agreement, including the Minor (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risk associated with this trip and to release Wandermust from any and all liability to the maximum extent permitted by law. I understand that this release includes all claims against Wandermust arising from its ordinary negligence, but does not include claims arising from Wandermust's alleged gross negligence.

CHOICE OF LAW, FORUM, AND SEVERABILITY
This Agreement will be interpreted according to the laws of the State of New Jersey in the United States. I agree to make good faith attempts to resolve any disputes that may arise from this agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in the State of New Jersey. If good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or state court in Middlesex County, New Jersey. I agree to personal jurisdiction in the specified forum. In the event any action or proceeding is initiated by me in a court outside of Middlesex County, New Jersey, I agree to pay Wandermust's costs and reasonable attorney fees associated with defending such action or proceeding. I agree to bring any action against Wandermust arising from this agreement within two years from the date of the signature of this agreement.

If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

KNOWING AND VOLUNTARY EXECUTION
By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I understand and acknowledge that if I (or the Minor) is hurt or is damaged during travel, I may be found by a court of law to have waived my right to maintain a lawsuit against Wandermust on the basis of any claim from which I have released them herein. I further acknowledge that I have had an opportunity to ask any and all questions that I may have, and that Wandermust has answered all questions to my satisfaction. My signature applies to all pages of this document.
I further agree that if this agreement is found, for any reason, to be unenforceable with regard to the Minor, that I will personally indemnify and hold harmless Wandermust for any liability imposed upon Wandermust  with respect to the Minor and/or against any claim brought or which may be brought by the Minor against Wandermust.

Effective Date: January 2018