I understand that the Overlanding may expose participants, and vehicles to certain risks which cannot be avoided. Among the hazards and risks of the activities could include personal injury or damage to personal vehicle, equipment and supplies. Participants acknowledge that the description of risks is not complete and that other unknown or unanticipated risks may result in injury, illness or death. Participants acknowledge that this activity is purely voluntary. I, the undersigned, choose to participate with full knowledge of the inherent risks in such activity and in doing so agree I am voluntarily participating in this Overlanding trip being facilitated by Orbis Overlanding.
I hereby accept any and all risks of injury or death to myself or any minor children or child of which I am a parent or legal guardian, arising out of or in any way connected with the Overlanding trip.
As consideration for being permitted to participate in the Overlanding Trip, I hereby agree that I, my assignees, heirs, and/or as the parent/guardian of a minor participant, will release and hold harmless and not bring any claim or legal suit against Orbis Overlanding LLC. its directors, managers, officers, agents, employees and volunteers or its affiliated organizations or the supplier of any of the equipment used in the activity (“Released Parties”), for any and all claims of injury, disability, death or other loss or damage to person or property suffered by me or my minor children or child arising in whole or in part from participation in this activity, both foreseeable or unforeseeable.
In addition, I agree TO INDEMNIFY (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) Released Parties from any claim of loss, injury or death, brought on by myself or my children or child against another co participant. These agreements of release and indemnity include loss or damage caused or claimed in whole or in part by the negligence of a Released Party, but not intentional wrongs or the gross negligence of a Released Party
If any provision of this agreement is held to be void or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless be fully enforceable and unimpaired by such holding.
I, an adult participant, or the parent/guardian of a minor participant, authorizes Orbis Overlanding (Patrick McKenney) to provide or obtain for me such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and transportation. Any dispute between a Released Party and participant or parent/guardian will be governed by the laws of the State of Michigan, and any mediation or suit shall take place only in that State in the County of Grand Traverse or in the Federal Court for the State of Michigan.
I the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, subrogates, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE PROVISIONS OF THIS AGREEMENT INCLUDING MY WAIVER OF CLAIMS AGAINST Orbis Overlanding. I HAVE NOT RELIED UPON ANY OTHER REPRESENTATION OR STATEMENT, WRITTEN OR ORAL.