TERMS & CONDITIONS
NATIVE TOURS, INC.
TERMS & CONDITIONS
Native Tours, Inc. requires this signed TRAVEL APPLICATION and included TERMS & CONDITIONS and RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND ASSUMPTION OF RISKS documents to process your booking. If you fail to submit these or any and all forms provided to you by the tour operator(s)/supplier(s), you will not be allowed to join the trip and you will be subject to Native Tours, Inc. cancellation policy and any applicable tour operator/supplier cancellation policies.
Native Tours, Inc., a Florida corporation with its principle place of business in Deerfield Beach, Florida, gives notice that services provided in connection with these itineraries are rendered by suppliers who are not agents or employees of Native Tours, Inc. All of the accommodations, meals, tours, cruises, air ground and water transportation, and/or related travel services made by Native Tours, Inc. are made solely as an agent for the individual participant and not directly supplied by Native Tours, Inc. While every effort is made to make travel arrangements with reputable suppliers, the participant expressly agrees that Native Tours, Inc. shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers, which result in any loss, property damage, delay, change of itinerary irregularity, inconvenience, bodily injury, or death to travelers or travelers' companions or group members or any wrongful or intentional acts, breach of contract, or default of any company or individual engaged in providing these arranged services. Unless the term "guaranteed" is specifically stated in writing on your tickets, invoice, or reservation itinerary, Native Tours, Inc. does not guarantee any of such supplier's rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Travelers have done due diligence, are aware of the quality of the hotel accommodations chosen, and agree that Native Tours, Inc. will not be responsible if they are not satisfied. Each passenger conveyance, tour company, hotel accommodation, restaurant, etc. is subject to the laws of the state and country where the service is provided.
Native Tours, Inc., its principals, guides, and agents shall not be responsible for any injuries, losses or damages in connection with terrorist activities, social or labor unrest, political disputes, failure of mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, local laws, kidnapping, climatic conditions, acts of God, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents or health related problems before or while in-transit to (e.g., an accident on the way to a tour), during, and after a tour, flight changes or cancellation, missed connections, or any other actions, omissions, or conditions outside of Native Tours, Inc.'s control. By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of personal emergency.
Native Tours, Inc. and its principles, guides and agents are not qualified first aid or medical care providers and can assume no liability to provide first aid or medical care. Native Tours, Inc. reserves the right to decline, to accept, or to retain and disqualify from the entire trip, or any portion of the trip, any person whose conduct or physical health impedes trip operation or infringes on the rights, welfare, or enjoyment of other trip members. A refund for unused services will not be given under such circumstances.
Native Tours, Inc. and/or its representatives may take photos or videos during the operation of any program and use them for promotional purposes. By booking a program with Native Tours, Inc., participants agree to allow their images to be used in such photos. Participants also agree that any feedback, testimonials, or comments provided to Native Tours, Inc. may be used for promotional purposes. If you prefer that your images not be used, please notify us by writing “No Photos” with your initials here ____________________________.
Every client is responsible for comprehending the conditions stated and implied in their trip description/itinerary and for selecting a trip that is appropriate to his/her interest(s) and abilities; for disclosing in writing and/or during the initial phone or email consultation any potentially relevant medical or health conditions to Native Tours, Inc.; for preparing for the trip by reading the trip itinerary(ies) and all supplemental trip information supplied by Native Tours, Inc. or other relevant suppliers; for discussing this itinerary with their physician; for bringing appropriate clothing and gear/equipment as instructed; for following normal standards of personal hygiene and personal safety as advised by the trip leader, local guides, and/or Native Tours, Inc., in order to lessen the risk of travelers’ diseases or injuries; for adhering to the reasonable directives of the tour leader and/or local guide(s); for acting in an appropriate social manner with fellow trip members when on a group trip; for acting in an appropriate and respectful manner in accordance with the customs of the places visited on each and every trip; and for completing the trip itinerary when traveling on group programs.
Travel insurance is included in the tour package. I acknowledge that I have been made aware of the travel insurance policy and authorize the purchase thereof by signing this form and/or all credit card authorization forms issued to me which include the purchase of travel insurance. I/we understand and agree that Native Tours, Inc. will manage the purchase and incremental updating of my/our travel insurance policy in order to ensure my/our initial and continued compliance with the specific regulations and deadlines pertaining to the purchase of such insurance. I/we also understand and agree that Native Tours, Inc. has selected an insurance policy for me/us in good faith with the aim of providing me/us with general trip insurance coverage at a reasonable value, but that I am/we are free to buy any (or no) additional insurance policy for the purpose of covering my/our trip. I/we furthermore understand and agree that Native Tours, Inc. neither designs travel policies nor has any authority over claims decisions, procedures, or payments. Finally, I/we understand and agree that the overall goal of insuring my/our trip is to attempt to reduce my/our potential financial exposure in case an unforeseen event negatively affects my/our travel plans (per the Certificate of Coverage for my/our policy), yet I am/we are fully aware that owning an insurance policy is in no way a guarantee of a claim payment and I/we agree not to hold Native Tours, Inc. responsible in any way for any decision made by an insurer and/or any eventual non-payment of an insurance-related claim by the insurance company that issued my/our policy.
Careful planning has allowed Native Tours, Inc. to set the price it offers to you and everything reasonable will be done to guarantee that price. However, price adjustments may be made (even on existing bookings) in the rare event of extreme currency fluctuations, post-booking fuel surcharge assessments, and other similarly unforeseeable events outside the control of Native Tours, Inc. and/or our suppliers. Furthermore, price adjustments may be assessed by supplier(s) for currency, single supplement, small-group surcharge, or other reasons outside the control of Native Tours, Inc.
Prices are per person double occupancy (unless stated otherwise) and are quoted in U.S. Dollars. Please consult the itinerary provided for further information on what your trip includes. Airfare is quoted separately unless you have been informed otherwise.
Not included in the price are: items not mentioned in the agreed plan, items of a personal nature such as gifts, souvenirs, laundry services, beverages, toll calls, excess baggage, medical costs, the costs of hospitalization and evacuation from remote areas, and additional expenses arising from delays or extension of a trip due to weather, political dispute, sickness, failure of transportation or other causes beyond Native Tours, Inc.’s control, tips for guides, drivers, porters, and hotel staff and, any optional excursions.
The issuance of any tickets, reservations, or bookings by Native Tours, Inc. is done on the express condition that: 1. Native Tours, Inc. shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2. Native Tours, Inc. shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services. Customer's initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by customer, on his/her behalf and on behalf of his/her companions, to the above.
To secure your space, a 50% deposit is due upon acceptance of program and signing Application Forms. Full balance is due 90 days prior to travel. All payments are to be made to Native Tours, Inc. by check, money order (U.S. Funds), or through the secure ecommerce interface and payment instruments provided by PayPal. Your reservation may be cancelled (in some cases automatically) if a payment is not received by the indicated due date.
The payment of the required deposit or any partial or full payment for a reservation on the chosen tour/package shall constitute consent to all provisions of this NATIVE TOURS, INC. TERMS & CONDITIONS statement as well as the provisions listed in the RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND ASSUMPTION OF RISKS and TRIP-SPECIFIC POLICY ON PAYMENTS, CANCELLATIONS & REFUNDS documents, as well as all provisions contained in any brochures, trip descriptions, and/or itineraries, or other forms of collateral provided to the client in conjunction with a booking. These provisions are hereby incorporated by reference in this Disclosure Notice and clients are advised to take note of them.
CANCELLATIONS, CHANGES, AND REFUNDS
If you should ever find yourself in the unfortunate situation of having to change or cancel your trip, you must notify us as soon as you know that you have to cancel, so your cancellation can be processed in a timely manner. Notice of change or cancellation must be sent in writing by the traveler via email and phone to Native Tours, Inc. Native Tours charges a $100 per person change fee.
Native Tours, Inc. does not guarantee, and shall not be responsible for, any bookings or reservations made or confirmed by agent to the consumer in the event that the original itinerary has been changed pursuant to customer’s request. Carriers, suppliers and this agency reserve the right to add on reasonable ‘change fees’ for any itinerary modifications.
If travel plans are delayed or canceled for any reason there will be no refunds issued by Native Tours, Inc., except in those circumstances where Native Tours, Inc. has issued its own schedule of cancellation, applicable to all or a portion of a booking (whenever such a schedule is issued, it will specifically indicate which trip component(s) it is issued for and it will apply ONLY to the specific trip component(s) indicated). Please note that a ‘trip’ or ‘booking’ often consists of multiple components, each of which may carry its own cancellation penalties (example: an airline ticket, a pre-trip hotel night, a multi-day adventure vacation by a tour operator, a post-trip extension designed by Native Tours, Inc. all of which may be subject to a different set of cancellation policies). You will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but NATIVE TOURS INC. is not responsible for this policy distribution. Clients are responsible for obtaining the applicable policies, either by contacting NATIVE TOURS INC. and requesting a copy (if available, otherwise it will be verbal delivery) or by consulting the individual suppliers and/or their catalogs. No refund(s) will be issued for cancellations due to actual or threatened terrorist events. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, or other similar events.
Native Tours, Inc. must make substantial payments to suppliers, including providers of land travel, far in advance of tour dates to reserve spaces. If the trip is cancelled due to forces beyond Native Tours, Inc. control (e.g. acts of God, war, strikes, etc.), Native Tours, Inc. will promptly refund the portion of the trip cost not advanced to suppliers or recoverable from suppliers. Many expenses including, but not limited to, Inca Trail permits, bus and rail transportation, domestic airfare, and transaction fees are non-recoverable and as such, completely NON-REFUNDABLE. Native Tours, Inc. will use its best efforts to recover advance payments as promptly as possible and refund the amount recovered, if any. However, Native Tours, Inc. does not guarantee recovery of any or all of the advance payments made. Native Tours, Inc.’s best efforts will not include the institution of any legal proceeding in foreign lands.
Refund amount is based on the amount of time between receipt of cancellation notice and travel commencement date as indicated in the table below.
PLEASE NOTE The above refund amounts are exclusive of any and all costs associated with processing and canceling your booking, such as, but not limited to: foreign exchange fees, currency fluctuations (any monies refunded from overseas will be refunded at the bankexchange rate at the time the refund is processed), credit card processing fees including foreign exchange assessments/fees, check issuance fees, wire fees, and all other assessments, surcharges, and fees incurred on your behalf in conjunction with processing and/or refunding your booking. These fees (as applicable) will therefore be subtracted from the total refund you may be eligible for per the above schedule of refunds.
Exceptions to this policy cannot be made for any reason, including but not limited to weather, terrorism, civil unrest, or personal emergencies. There is no refund for arriving late or leaving a trip early. Single room supplements are considered part of the trip price and are subject to cancellation fees. All expenses incurred in preparation for travel, including but not limited to, airline tickets, visa fees, and inoculations, as well as expenses incurred as a result of travel delays, flight cancellation, illness, and other similarly unpredictable expenses are the sole responsibility of the traveler.
Native Tours, Inc. reserves the right to substitute accommodations or change schedules without prior notice should circumstances so demand. If circumstances require a change in the trip itinerary, Native Tours, Inc. will make every effort to select alternative accommodations of comparable quality, category, and/or value (if available) and to keep the itinerary modifications as minimal as possible under said circumstances. The right is reserved to cancel a trip outright due to low passenger sign-up numbers, illness of a service provider, supplier default, or any other circumstances beyond the control of Native Tours, Inc. On the rare occasion when Native Tours, Inc. must cancel the trip or trip segment(s) listed on this form, all payments received to date for the trip or trip segment will be refunded, which constitutes full settlement. Native Tours, Inc. is not responsible for expenses incurred in preparation for any canceled trips, such as airline tickets or for costs incurred due to travel delays, flight cancellations, or illness.
In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of Native Tours, Inc. no refund can be made nor will credit be allowed or refund given for any services provided in the itinerary should any such services not be utilized by tour members. Native Tours, Inc. reserves the right to alter any itinerary(ies), arrangement(s), or date(s), if it becomes necessary or advisable and each trip participant/ agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a tour and additional transportation costs for a person who does not utilize an air transportation part of the tour will vary with the type of transportation and the point at which transportation is not used and shall be made at the sole discretion of Native Tours, Inc. All rates quoted in the description(s)/itinerary(ies)/brochure(s) are based on the current carrier tariffs and current international exchange rates and are subject to adjustment without prior notification in the event of changes therein; any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description/itinerary/brochure or the TRIP-SPECIFIC POLICY ON PAYMENTS, CANCELLATIONS & REFUNDS document from accompanying this disclosure notice.
I/we are aware of these cancellation policies and agree not to contest any of the above signed for and acknowledged charges. I acknowledge and accept that Native Tours, Inc. charges $35 per bounced check.
ALTERNATIVE DISPUTE RESOLUTION
Native Tours, Inc. desires to maintain friendly relationships with its clients (agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, Native Tours, Inc. has established an alternative mediation program in the event of a misunderstanding or dispute between Native Tours, Inc. and its clients. If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees. In the event that an IFTTA qualified mediator or arbitrator is unavailable, both parties agree to the submission of the dispute to a mutually acceptable dispute resolution service.
Traveler's retention of tickets, reservations, or bookings after issuance shall constitute consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.
I acknowledge that I have carefully read the above paragraphs as well as the RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND ASSUMPTION OF RISKS and TRIP-SPECIFIC POLICY ON PAYMENTS, CANCELLATIONS & REFUNDS documents, including the information regarding cancellations and refunds, and by signing below I fully agree to all stated conditions therein. I DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD Native Tours, Inc. and its agents, employees, officers, directors, associates, suppliers, affiliated companies, and subcontractors HARMLESS against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by Native Tours, Inc. and its agents, employees, associates, suppliers, affiliated companies, or subcontractors. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THIS RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT Native Tours, Inc. HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT. I further agree that any legal dispute involving these travel services is subject to the ALTERNATIVE DISPUTE RESOLUTION CLAUSE herein but that in the event that any legal action shall necessitate the use of a court(s) the action shall be heard only by the courts of Broward County, Florida, U.S.A. I acknowledge that in calculating the cost of the tour or trip, Native Tours, Inc. has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, Native Tours, Inc. would be unable to offer these services to me. I fully understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
NATIVE TOURS, INC.
RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND ASSUMPTION OF RISKS
CONSUMER DISCLOSURE NOTICE REGARDING VOLUNTARY PARTICIPATION IN ACTIVE, ADVENTUROUS, AND/OR HIGH RISK TRAVEL
Name of Traveler: _________________________________________________________________
I understand and agree that during the trek, tour, expedition, and/or during any other adventurous or active pursuits or trips in which I will participate under the arrangements of Native Tours, Inc. and its agents, employees, associates, suppliers, affiliated companies, or subcontractors, certain risks and dangers may arise, including, but not limited to, acts of God, the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions, the dangers of civil disturbances and war, terrorism, kidnapping, forces of nature, dangers and risks inherent in sporting activities, the negligent or reckless acts or omissions of Native Tours, Inc., its agents, employees, officers, directors, associates, suppliers, affiliated companies, or subcontractors, travel by boat, automobile, train, ship, aircraft, or other means of conveyance which are not operated nor maintained to standards common in the United States, road conditions or other means of high altitude accident, injuries inflicted by animals, insects, reptiles, or plants, trails, hotels, and accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance; the lack of adequate medical attention once provided. Traveler assumes complete and full responsibility for, and hereby releases Native Tours, Inc. from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, we specifically recommend that U.S. Citizens traveling internationally, including travel to Canada, Mexico or the Caribbean, do so with a valid U. S. Passport. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department, (202) 647-5335 http://travel.state.gov/travel/warnings.html. For medical information, please refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at www.cdc.gov/travel (404) 332-4565. I HEREBY ACCEPT THE ABOVE PARAGRAPH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE _____________.
Native Tours, Inc. shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with any of the above and/or terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent's control. In addition, I acknowledge that I have voluntarily applied to participate on the chosen trip itinerary and my signing this form constitutes acceptance of the agreed upon travel arrangements as well as my obligation to pay for these arrangements. I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part ofNative Tours, Inc. including without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to equipment selection or maintenance, in the maintenance, selection, or operation of any van or other motor vehicle or vessel utilized to transport passengers, etc; physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, canoe, kayak, raft, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; terrorism; criminal activity; dangers associated with wild or other animals; breakdown or failure of any equipment; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced luggage or property. I HEREBY ACCEPT THE ABOVE PARAGRAPH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE _____________.
I acknowledge that the enjoyment and excitement of foreign travel/adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks and the corresponding enjoyment and excitement contribute to the reason for my voluntary participation on this trip. I HEREBY ACCEPT ANY AND ALL RISKS OF ILLNESS, INJURY, EMOTIONAL TRAUMA, OR DEATH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE _____________.
AS LAWFUL CONSIDERATION for being permitted by Native Tours, Inc., a Florida corporation, to participate on such trips and activities, I hereby agree that I, my heirs, legal representatives, or any member of my family will not make a claim against or sue Native Tours, Inc., Karen and Douglas Vergara, their heirs, or any of their affiliated agents, employees, or volunteers for bodily injury, death, emotional trauma or property damage resulting from my participation on the tour. I therefore release and discharge Native Tours, Inc., Karen and Douglas Vergara, their heirs, and their agents, employees, and volunteers from and against any and all liability arising from my participation in the tour or expedition for any reason whatsoever. I HEREBY ACCEPT THE ABOVE PARAGRAPH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE _____________.
If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. Under no circumstances shall Native Tours, Inc. be liable to any tour participant for more than the amounts set forth in the cancellation policy noted in the Terms and Conditions of the trip applied for on this document. I waive any charge-back rights. In the event of dispute, requests for a refund will be made using the procedures described under “Cancellation and Refunds” as stated in the Terms and Conditions for this trip. I HEREBY ACCEPT THE ABOVE PARAGRAPH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE _____________.
All applications are subject to acceptance by Native Tours, Inc. Upon acceptance of my application, this agreement shall be deemed to have been entered into in Deerfield Beach, Broward County, Florida and shall be construed according to the laws of the State of Florida. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the exclusive venue for any legal action shall be Deerfield Beach, Broward County, Florida. I HEREBY ACCEPT THE ABOVE PARAGRAPH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE _____________.
In consideration of and as a part of the payment for the right to participate in such treks, tours, expeditions, or other adventurous or active pursuits or trips and as a part of the payment for the services arranged for me by Native Tours, Inc. and its agents, employees, suppliers, associates, suppliers, affiliated companies, or subcontractors, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of Native Tours, Inc., its agents, employees, officers, directors, associates, suppliers, affiliated companies, or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD Native Tours, Inc. and its agents, employees, officers, directors, associates, suppliers, affiliated companies, and subcontractors HARMLESS against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by Native Tours, Inc. and its agents, employees, associates, suppliers, affiliated companies, or subcontractors. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THIS RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT Native Tours, Inc. HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT. I further agree that any legal dispute involving these travel services shall first be subject to the alternative dispute resolution clause as referenced herein. In the event that jurisdiction of a court shall be necessary then all matters shall be heard only by the courts of Broward County, Florida, U.S.A. I acknowledge that in calculating the cost of the tour or trip, Native Tours, Inc. has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, Native Tours, Inc. would have been unable to offer these services to me. I fully understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
EXECUTED ON THIS DATE (MM/DD/YY)_______/________/________
PRINTED NAME: _________________________________________