MEDIA RELEASE ~ LIABILITY RELEASE ~ ASSUMPTION OF RISK
Trip Release, Liability and Waiver
Media Release: I, , the undersigned, do hereby consent and agree that Kusewera has the right to take photographs, videotape, or digital recordings of me from any Kusewera trip/event/activity and use these in any and all media, now or hereafter known, and exclusively for the purpose of Kusewera and the promotion of Kusewera. I further consent that my name and identity may be revealed therein or by descriptive text or commentary. I further agree that any images or video that I take and publicly post or give to Kusewera, may be utilized for Kusewera’s promotion as well.
I do hereby release to Kusewera all rights to exhibit this work in print and electronic form publicly or privately. I waive any rights, claims or interest I may have to control the use of my identity or likeness in whatever media used.
I understand that there will be no financial or other remuneration for recording myself, either for initial or subsequent transmission or playback.
AGREEMENT AND RELEASE FROM LIABILITY
Kusewera, is defined to include its founder, directors, officers, representatives and any and all affiliates. Kusewera does not own or operate any entity outside of Kusewera Village which may provide goods or services for your trip including, for example, hotels or other lodging facilities, airline, vessel, bus, van, or other transportation companies, local ground operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Kusewera is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, Kusewera and Kusewera Village are not responsible for injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to acts of God, form majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, over booking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with animals, marine life or vegetation of any sort, dangers or accidents related to recreational and sporting activities, sanitation problems, food poisoning, lack of, access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, or for any other cause beyond the direct control of Kusewera. In addition, I release Kusewera from its own negligence and assume all risk thereof.
ASSUMPTION OF RISK
I am aware that travels such as that I am undertaking involves hazardous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, the negligence, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am also aware that medical services or facilities may not be readily available or accessible during some of the time during which I am participating on the trip. I understand that Kusewera has created medical connections in Malawi and will assist with any medical needs to the best of their ability. In order to partake of the enjoyment and excitement of this service trip and/or volunteer at Kusewera Village, I am willing to accept the risks and uncertainty involved as being an integral part of my trip. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of Kusewera or of any third party.
I acknowledge that I have voluntarily applied to participate on the trip designated on this application (or a trip which I may change to) and/or as a volunteer at Kusewera Village and that I have read the description of the trip and supplements relating to this trip, together with all information contained in this application. I am voluntarily participating in this trip and/or at Kusewera Village with knowledge of hazards involved.
I agree that any dispute concerning, relating or referring to this contract or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration in Los Angeles, CA according to the existing rules of the American Arbitration Association.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read this Agreement and the booking information sections, and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Kusewera and/or its affiliated organizations and sign it at my own free will.
DELAYS & COSTS INCREASES
The cost of delays is not included in any trip and if must be delayed due to bad weather, road conditions, transportation delays, government intervention, sickness (including COVID-19 related) or other contingency for which Kusewera or its agents cannot make provisions. Land costs and/or airfare are subject to increase without prior notice, even after you have signed up on the trip. We often publish our prices well in advance. Between that time and the time of the trip’s actual departure, we are occasionally faced with significant cost increases that we cannot absorb, for example, international currency fluctuations, or increases in the cost of services. We regret this situation, and we will do everything we can to avoid raising prices, but sometimes it is unavoidable. We will do our best to limit such increases and will notify you as soon as we are able.
The airlines are not to be held responsible for any act, omissions or event during the time passengers are not on board their planes or conveyance. The passage contract in use by the airlines concerned, when issued, shall constitute the laws of the countries involved. Airlines used vary in degree of safety and risk. Many airline carriers have an unknown safety and maintenance record. Kusewera is not liable for incidents involving airline safety, cancellations, service, risk, delays, etc. or incidents that result in injury or death as a result. Please read the conditions on the back of your airline tickets. I understand any and all COVID-19 related requirements, delays and results are my responsibility.
MEDICAL and HEALTH
It is vital that persons with medical issues make them known to us well before departure and/or prior to arrival for volunteering at Kusewera Village. This includes any symptoms relating to COVID-19 and/or positive results. The trip leader or On-site Kusewera representative has the right to disqualify anyone at any time during a trip if he or she feels the trip member is physically or mentally incapable or if a trip member’s continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances. Hospital facilities for serious problems are often unavailable and evacuation can be prolonged, difficult and expensive. Kusewera assumes no liability regarding provision of medical care.
Kusewera assumes no liability for loss or damage in transit to and from a Kusewera trip or while on a Kusewera trip or while volunteering at Kusewera Village. We recommend purchasing the supplemental travel insurance package and using TSA approved locks.
POLICIES AND GUIDELINES
Kusewera has established policies and guidelines for all volunteers. Kusewera is grateful for the relationships established in the communities we serve. We have established policies that are in line with both the mission of Kusewera and those we work alongside. Location rules will be provided at the start of each trip. If policies are not followed, Kusewera reserves the right to end the volunteer’s involvement if a trip is already in progress. Kusewera is not responsible for additional costs incurred by or related to said changes. KUSEWERA POLICIES AND GUIDELINES HAVE BEEN GIVEN TO YOU TO READ. Signing states that you have received, have read and understand the policies and guidelines.
If under 18, Parent/Guardian Signature: Date:
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above terms and policies.
© Copyright 2018 Kusewera