Last Updated on: November 15 2024  

This Liability Waiver and Release of Claims (the "Waiver") is executed by the undersigned participant ("Participant") in favor of [Newberry Travel], its officers, employees, agents, volunteers, and affiliates (collectively, the "Releasees"). By signing up to a Newberry Travel service, including group trips, the Participant acknowledges and agrees to the following:

Assumption of Risk

The Participant acknowledges that the activity or event [any services provided by Newberry Travel] involves inherent risks, including but not limited to physical injury, property damage, or death. The Participant voluntarily assumes all risks associated with participation in the activity.

Release and Waiver of Liability

The Participant hereby releases, discharges, and holds harmless the Releasees from any and all claims, demands, damages, or liabilities, whether known or unknown, arising out of or related to the Participant’s participation in the activity, including but not limited to claims of negligence, breach of duty, or any other claim arising from the inherent risks of the activity.

Indemnification

The Participant agrees to indemnify, defend, and hold harmless the Releasees from any claims, lawsuits, damages, or expenses (including attorneys' fees) arising out of or in connection with the Participant’s actions, negligence, or failure to adhere to the rules and regulations of the activity or event

No Warranty

The Participant acknowledges that the Releasees make no warranties, express or implied, regarding the safety, quality, or suitability of the event, activity, or facilities. The Releasees do not guarantee a specific outcome, result, or experience from participating in the activity. The Participant agrees to participate at their own risk and further acknowledges that the Releasees are not responsible for any failure of equipment, accidents, or other unforeseen circumstances during the activity.

Medical Treatment

The Participant authorizes the Releasees to seek emergency medical treatment on their behalf in the event of an injury or medical emergency during the activity. The Participant further agrees to be solely responsible for any medical costs incurred as a result of such treatment.

Photo, Video and Media Release

The Participant acknowledges and agrees that the Releasees may take photographs, videos and other forms of media during the activity or event for marketing, promotional or documentary purposes. The Participant grands the Releasees the irrevocable right to use, publish and distribute such media in any format or medium without compensation. This includes, but not limited to, the use of the Participant’s likeness, voice, and/or actions in any promotional material, social media or advertising associated with the event or activity.

Acknowledgment of Understanding

The Participant affirms that they are physically able to participate in the activity and that they have not been advised otherwise by a qualified medical professional. The Participant acknowledges that they have read and understood the terms of this Waiver, and by signing, voluntarily accept the risks involved in the activity.