I affirm that by purchasing tour adventure(s) provided by EXPLORAC of 150 Huntington Avenue, Boston, MA 02115, I release EXPLORAC from any liability.
By signing this Release and Agreement, I agree to the following:
1. I agree to release EXPLORAC, it’s employees, and agree to not sue EXPLORAC or any such person for any claims that I may have arising from, or in connection with, any physical or property damage that I may suffer from any cause whatsoever. These include but are not limited to defects in the streets and sidewalks, poor lighting, physical exertion for which I may not be prepared, and exposure to unfavorable weather conditions. I release EXPLORAC from, and agree not to sue EXPLORAC or any such persons for, any physical or property damage that I may suffer resulting from the acts or omissions of any other agents over which EXPLORAC have no direct control, including, but not limited to, airlines, bus companies, railways, shipping companies, hotels, guides, and subcontracted agents or tour operators.
2. EXPLORAC reserves the right to refuse or cancel my registration at its sole discretion.
3. I agree to abide by the regulations and directions of employees of EXPLORAC. Failure to do so may result in EXPLORAC terminating me from the tour immediately. I understand that to disobey such rules or directions is to waive the right to a refund of any part of my fee.
4. I agree to abide by all local laws, including those concerning drugs, tobacco, and alcohol. I understand that if I abuse or disobey such laws, I waive my right to a refund of any part of the program fee.
5. This agreement constitutes the entire agreement with EXPLORAC with reference to the subject matter herein, and I do not rely upon any promises, inducements, or arrangements not herein, including but not limited to any oral statements made to me by EXPLORAC. This agreement may be amended or modified only in writing, signed by both parties. This agreement shall be governed in all respects, and performance hereunder shall be judged, by the laws of the Commonwealth of Massachusetts. Any claim or controversy arising hereunder or relating hereto shall be settled by arbitration, before an arbitrator who is a licensed attorney, in Boston, MA in accordance with the Commercial Arbitration Rules then in effect. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of the demand for arbitration shall be filed in writing with the other party to the agreement and with the American Arbitration Association in Boston, MA. The demand shall be made within six months after the claim, dispute, or other matter in question has arisen.
I have read and fully understand this Release and Agreement and agree to be bound hereby, and to comply therewith.