SHEDD Waiver - Conservancy Travel

Shedd Waiver
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Waiver Form (read carefully)
SHEDD AQUARIUM SOCIETY TOUR PARTICIPANT WAIVER

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS IS AN ASSUMPTION OF RISK, RELEASE OF LIABILITY,

WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

Read this Agreement carefully as it is a legally binding contract.

Each traveler must sign a separate form.

In consideration of my participation in the Diving in Cuba Tour, including 7 Nights Aboard the Jardines Avalon IV, with an optional Tour Extension in Havana, Cuba (collectively “Tour”) promoted by Shedd Aquarium Society d/b/a John G. Shedd Aquarium (“Shedd” or “Shedd Aquarium”) and operated by the Center for Conservation & Community d/b/a Conservancy Travel (“Conservancy Travel”), I, an adult traveler over the age of 18, acknowledge and agree to the following terms and conditions to the maximum extent allowed by law.

Responsibility: Shedd Aquarium and its officers, directors, trustees, employees, volunteers, affiliated entities, agents, representatives, successors and assigns (collectively, “Shedd” or  “Shedd Aquarium”) is acting only as an intermediary and promoter for the Tour, and assumes no responsibility for, and cannot be held liable for, any negligent or willful act or omission of any operator, supplier, service provider, or vendor associated with the Tour, or of any other person or entity. Conservancy Travel’s services are subject to their own terms and conditions, as well as the local laws and regulations governing the Tour, as are other third-parties’ services associated with the Tour.

Assumption of Adventure Activities Risks:  I have voluntarily registered to participate in the Tour, which may involve scuba diving, snorkeling, boating, swimming, kayaking, paddle boarding, surfing, hiking, climbing, horseback riding, and/or other outdoor and adventure sports or activities, in addition to the hazards of traveling in remote, unsafe, or politically unstable areas or under unsafe conditions, travel to and around populated cities, and using various forms of transportation (collectively “Adventure Activities”). I am voluntarily participating in this Tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to the dangers and risks inherent in Adventure Activities including, among other things, physical injury; disfigurement; temporary or permanent disability; paralysis; emotional trauma; the contraction of illness or disease (including Covid-19); and death. Shedd Aquarium does not assume any responsibility or liability for the safety of any Tour participant, particularly while such individual is engaged in Adventure Activities on the Tour, including water activities, whether alone or in groups, in the company of a Shedd employee, or otherwise.

Assumption of Travel Risks:  I assume full and complete responsibility for checking and confirming any and all passport, visa, vaccination, and other entry requirements of each destination on the Tour, and all safety and security conditions at these Tour destinations.

Assumption of Diving and Snorkeling Risks:  I understand that a large part of the Tour involves SCUBA diving and/or snorkeling. I affirm that I am physically and mentally fit to engage in such activities (and will not engage in such activities under the influence or alcohol or drugs), and to the extent that I am SCUBA diving on the Tour, I affirm that I am a certified SCUBA diver trained in safe dive practices. I acknowledge that SCUBA diving and snorkeling have inherent risks that may result in serious injury or death (injuries including, but not limited to, heart, lung, ear and circulatory problems, hyperventilation, panic attack, drowning, injury from marine life, decompression sickness, embolism or other hyperbaric/air expansion injury that may require treatment in a recompression chamber that may not be immediately available). I am choosing to proceed with the Tour despite these risks.

I further understand that all snorkeling and diving will be done through a third-party vendor on the Tour and that Shedd Aquarium cannot be held liable for any negligent or willful act or omission of that third-party vendor, or of any other person or entity involved with the Tour. Shedd employees on the Tour are not acting in the capacity of a SCUBA diving or snorkeling instructor. I also understand that I am assuming responsibility for checking my own equipment, and notifying any third-party vendor supplying equipment if my equipment is not functioning properly.

Consent to Medical Treatment: Should it be needed, I authorize the Shedd Aquarium staff to provide to me medical assistance, to assist in arranging transportation to receive medical treatment, and to contact emergency medical services on my behalf. I agree that this consent does not impose a duty upon Shedd Aquarium staff to provide such assistance, transportation, or services, and that Shedd Aquarium is not responsible for my medical condition or any medical outcome should Shedd staff perform any of these functions in providing medical assistance.

Photographs and Videos: I understand that photographs and audio/video recordings are periodically taken of Tour participants, and I agree that Shedd Aquarium may use my photograph, name, likeness, video or audio recording in all media and formats. I hereby irrevocably transfer all rights to such photographs and audio/video recordings, or parts thereof (collectively the “Images”) to Shedd Aquarium. I waive any privacy and publicity interests that I may have in such Images. I understand that Shedd may use, or not use, the Images at its discretion, for any lawful purpose.

Participant Conduct:  I agree to observe all applicable rules set forth on the Tour and agree to behave in a safe and prudent manner during the Tour. If I do not behave in a safe and prudent manner during the Tour, I understand that my participation in the Tour may be immediately terminated, and if that was to occur, I would not be entitled to any form of reimbursement or refund for cancellation. Shedd Aquarium reserves the right to decline to accept or retain any person as a member of the Tour if Shedd determines that the participation of that individual is objectionable for any lawful reason.

Release of Liability, Waiver, and Indemnification: As lawful consideration of, and as part of the payment for, the right to participate in the Tour, and as part of the payment for the services arranged for me by Shedd Aquarium, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME. I fully release Shedd Aquarium from all liability whatsoever associated with the Tour (including for injury, loss, or damage), and further waive all claims against Shedd Aquarium (including claims for negligence). I agree that I will not make any claims or file a lawsuit against Shedd Aquarium for any liability, property loss or damage, bodily injury (including death), or other loss or damage in any way connected with participation in the Tour, and agree to indemnify (reimburse) Shedd Aquarium for having to defend any claims that are brought against Shedd Aquarium by me or on my behalf, where I have released such claims under this Agreement.

Dispute Resolution: I agree that any dispute arising out of, relating to, or in connection with the Tour or this Agreement shall be resolved by binding arbitration in Chicago, Illinois, and all matters related to the Tour and this Agreement shall be governed by Illinois law without regard to any conflict of law provisions.

Miscellaneous:  I understand this Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Illinois and that if any portion of the Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion will be severed from the Agreement or redrafted to give such portion legal effect consistent with the intent agreed to by the parties, and it is further agreed that the remainder of the Agreement will, notwithstanding, continue in full legal force and effect. I agree that an electronic signature on this Agreement shall be deemed an original, and legally binding execution of the Agreement, and that transmission of an executed copy of this Agreement shall constitute acceptance of the terms and provisions of this Agreement.

Knowing and Voluntary Execution: I have carefully read and understand the provisions and legal consequences of this Agreement, and I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS AN EXPRESS ASSUMPTION OF RISK, COMPLETE RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND AGREEMENT TO INDEMNIFY SHEDD, for myself, all members of my family, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this Tour and to release Shedd Aquarium from any and all liability to the maximum extent permitted by law. I have had sufficient time to consider whether to enter into this Agreement, and do so voluntarily. 

I confirm and represent that I am of lawful age and I am legally competent to sign this Assumption of Risk, Release of Liability, Waiver of Claims and Indemnification Agreement, and I understand the terms herein are contractual and not a mere recital and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights.
Certification of Waiver *
I certify that I have read this document and I fully understand its content. I am aware that this is a release of liability and a contract and I sign it of my own free will.
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