ASSUMPTION OF RISKS
I voluntarily assume all risks known and unknown, in any way connected with my participation in this travel experience. I also voluntarily accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in this travel experience.
IDENTIFICATION OF RISKS
I understand that there are certain dangers, hazards, and risks inherent in international and domestic travel and the activities included in the experience that may involve risk of injury and loss, both to person and property. I further understand that that risk of injury may include the possibility of permanent disability and death. I understand that the premises, facilities, and equipment used in conducting the activities of the experience are owned, maintained, or controlled by persons/organizations other than Asbury University. There may be other risks not known to Asbury University or Premises Owner, or not reasonably foreseeable at this time. I understand that these risks of injury and loss might result from the actions, inactions, negligence, or conduct of Asbury University, the rules of the experience, or the condition of the premises, the facilities, or any equipment used in the experience. I further understand that Asbury University cannot and does not assume responsibility for any such injuries or loss except as may result from the gross negligence or intentional wrongdoing by Asbury University or its agents.
TRAVEL RISKS
Asbury University assumes no liability for injury, damage, loss, accident, delay, or irregularity, which may be caused by reason or defect in any vehicle or for any reason, or through the acts of omission of any company or person engaged in arrangements for the tour.
DEPARTURE RESPONSIBILITY
Asbury University shall not be held neither responsible nor liable for locating or arranging for the return of any person who is absent at the time of departure. The right is reserved to Asbury University to decline, accept, or retain at any time any person as a travel participant.
WAIVER AND RELEASE
I hereby waive and release Asbury University, its trustees, officers, employees, agents, volunteers, and successor(s), from any and all responsibility or liability of any nature except gross negligence or intentional wrongdoing by Asbury University for any loss or damage to property or personal injury of any type sustained.
LIABILITY
Asbury University assumes no liability for any loss due to cancellation or any other reason that exceeds the cost to participant for the travel experience. I understand that if I leave the Asbury University group and proceed on my own, for whatever reason, I do it at my own risk. Any responsibility owed to me by Asbury University, if any, ends at that time. I understand that I am solely responsible for any additional travel plans that are different from those of the Asbury University group and for any costs associated with those plans. I also understand that, in its sole discretion, Asbury University may refuse to allow me to complete or make travel plans beyond those set forth as part of the travel experience. I understand that should Asbury University exercise that discretion, I remain responsible for the planned additional costs and accept responsibility for any subsequent costs incurred.
RESPONSIBILITY OF EXPENSES
I agree that I have read the preceding and agree to bear sole responsibility for any and all expenses incurred by me during the experience.
INDEMNIFICATION
I hereby agree to indemnify and hold harmless Asbury University, its trustees, officers, employees, agents, volunteers, and successor(s), from any and all claims for any liability, injury, loss, or damage in any way connected with or arising out of my participation in the travel experience, and which claims are based upon the negligence or misconduct of any premise owner, or other party associated in any way with the experience.
BINDING EFFECT
The instrument shall be binding upon my relatives, personal representatives, heirs, beneficiaries, next of kin, or assigns and shall inure to the benefit of Asbury University and their respective successors and assigns.
INVALIDITY/UNENFORCEABILITY
If any provision of this instrument is held to be invalid or unenforceable, this instrument shall be constructed as if such invalid of unenforceable provision was not contained herein. The Court shall construe and rewrite the invalid provision so as to provide Asbury University with the maximum protection allowed by law.
APPLICABLE LAW
The laws of the State of Kentucky shall govern the terms, conditions, and enforceability of this agreement.
ARBITRATION
Any controversy or claim arising out of this Agreement will be settled by binding arbitration before one arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration award may be entered as a final judgment in any court of competent jurisdiction. The Federal Arbitration Act. 9 U.S.C. 1 et seq., will apply to the construction and interpretation of this arbitration provision. Arbitration will take place in Nicholasville, Kentucky, or some other location agreed to by the Parties.
REPRODUCTION RIGHTS
I hereby grant Asbury University permission to reproduce in their campus yearbooks, catalogs, or other advertising or promotional materials any photographs, movies, or sound recordings of me taken during the period of time that I am participating in the travel experience, and also any written statements I may make concerning the travel experience.