Begin Again Adventures LLC Liability Release

RELEASE, ASSUMPTION OF ALL RISKS AND BINDING ARBITRATION AGREEMENT

PLEASE READ CAREFULLY — THIS IS A LEGAL DOCUMENT. BY SIGNING, YOU ARE WAIVING CERTAIN LEGAL RIGHTS.

Begin Again Adventures LLC, and its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, representatives and assigns (collectively Begin Again) does not own or operate any entity which provides, or is to provide, goods or services for your trip including, for example, lodging facilities, transportation companies, food service or entertainment providers, equipment suppliers, operators of recreational, adventure or other activities (regardless of whether such activities are included as part of the Begin Again trip itinerary), babysitters or daycare providers, etc. As a result, Begin Again is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party. I understand that any services provided by third parties are subject to the terms and conditions of those suppliers, and that Begin Again is not a party to those contracts.

I acknowledge that Begin Again is solely the organizer of this trip and does not operate, supervise, or control any of the activities, transportation, lodging, or other services provided by third parties. From time to time, Begin Again may mention activities or operators in which you might be interested (for example, ziplining, horseback riding, off-road jeep trips, etc.). It does not operate or supervise any of these activities and is not liable for death, injury or damage resulting from participating therein, even if it assists in arranging them and it makes no representation concerning that entity’s liability insurance or the existence of any such insurance.

I have voluntarily applied to participate in the trip designated on this application (or a trip to which I may subsequently transfer). I am 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 of Begin Again including, without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to sporting equipment selection or maintenance; in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, acts of government, strikes or other labor activities; physical exertion for which I am not prepared; negligent or reckless conduct by the participant or others; inability to swim; forces of nature; weather conditions; transportation failures or the failure of any transportation mechanism to arrive or depart timely or safely, whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; dangers associated with scuba diving, swimming or jumping into water including the possibility of hitting a boat, an object or a person while doing so, being caught in rough or rapidly moving waters, etc.; consumption of alcoholic beverages, medications or other substances whether or not prescribed; risks associated with food, food allergies or impure water; terrorism or the threat thereof; criminal activity; bites from or dangers associated with wild or other animals, pests or insects; negligence or willful misconduct by third parties; breakdown or failure of scuba diving or other sporting equipment; financial default of any supplier; high altitude; accident, allergic reaction or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof including, but not limited to, exposure to COVID-19 by any means of transmission; stolen, lost, or misplaced luggage or property; and theft or break-ins into transportation, lodging rooms or elsewhere.

I UNDERSTAND AND EXPRESSLY AGREE THAT THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE POSSIBILITY OF SERIOUS BODILY INJURY, PARALYSIS, PERMANENT DISABILITY, OR DEATH. I FREELY AND VOLUNTARILY ASSUME COMPLETE AND FULL RESPONSIBILITY FOR THESE RISKS, WHETHER CAUSED BY NEGLIGENCE, CONDITIONS OF THE ENVIRONMENT, EQUIPMENT FAILURE, HUMAN ERROR, OR OTHERWISE.

I acknowledge that the enjoyment and excitement of 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. I AGREE TO BE SOLELY RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, SERIOUS INJURY, EMOTIONAL TRAUMA, PARALYSIS, OR DEATH.

I acknowledge that international travel often involves hazards not present in the United States, including limited access to medical care, different standards of safety and hygiene, and the challenges of travel in remote or developing areas. I expressly assume these risks as part of my participation in this trip. I fully understand that by signing this document, I am waiving and releasing any right to claim damages or bring suit against Begin Again, even in the event of injury or death, to the maximum extent permitted by law. I knowingly and willingly accept that my participation in this trip could result in permanent harm or loss of life.

I acknowledge that the cost of all Begin Again trips is based upon trip participants executing this Release, Assumption of All Risks, and Binding Arbitration Agreement. I agree that this Agreement shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release Begin Again from any and all liability to the maximum extent permitted by law.

MISCELLANEOUS MATTERS: I understand that Begin Again reserves the right to take photographic or film records of any of its trips and agree that Begin Again may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom Begin Again may engage in joint marketing, without any remuneration to me. I assign to Begin Again all right, title, and interest I may have in or to any and all media in which my name or likeness might appear.

I agree to follow all written and verbal rules of safety presented to me by Begin Again. I further acknowledge that adventure activities (including, but not limited to, scuba diving, hiking, biking, yoga, or other physical activities) may involve additional specific risks and I accept responsibility for determining my own level of fitness and preparedness. I understand that participation in these activities is entirely voluntary.

I understand that Begin Again reserves the right to refuse as a trip participant, or remove from a trip, without refund, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, who it judges is abusive to other trip participants, leaders or third parties, or who it determines detracts from the enjoyment of the trip by others. Begin Again reserves the right to make route, hotel, itinerary and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests.

The U.S. State Department and the Centers for Disease Control publish important country-specific information for travelers. We recommend you review this information at
https://travel.state.gov/content/passports/en/alertswarnings.html and https://wwwnc.cdc.gov/travel/notices.

I acknowledge that it is my sole responsibility to obtain and carry all required travel documents (including passports, visas, and vaccination records) and that Begin Again is not responsible for delays, denial of entry, or other issues arising from my failure to do so.

I understand that Begin Again is a small business and that the trip is being organized by a single individual. I acknowledge that no professional certifications, licenses, or guarantees regarding safety, expertise, or outcomes are being provided by Begin Again or its organizer. I acknowledge that Begin Again makes no guarantees regarding the condition, safety, or quality of trip arrangements or experiences. I understand that the trip is operated on a best-effort basis and that the organizer is not financially liable for damages, losses, or costs incurred, including those arising from trip delays, cancellations, or the actions of third parties.

BINDING ARBITRATION & GOVERNING LAW: Any dispute, claim, or controversy arising out of or relating to this Agreement, my participation in the trip, or any marketing or literature concerning the trip shall be resolved exclusively through binding arbitration in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1–16) and the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitration shall take place in Washington, D.C., and the arbitrator shall apply Delaware law without regard to its conflict of laws principles. Both the participant and Begin Again waive any right to a trial by jury or to pursue claims in court, and the arbitrator shall have exclusive authority to determine the enforceability, interpretation, and applicability of this Agreement.

KNOWING & VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this Agreement as well as all the conditions as stated in the FREQUENTLY ASKED QUESTIONS section of the current Begin Again website, including but not limited to, those regarding cancellation and refund policies. Exceptions to this policy cannot be made for any reason, including but not limited to, weather, terrorism, civil unrest, personal, family or medical emergencies. I 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.

This contract is accepted by Begin Again in Washington, D.C., and cannot be changed in an oral communication. We can only accept one signature per form.