Kijubi.com - Terms and Condtions
Waiver and Release of Claims Against Kijubi
In consideration of the services provided by InterActive Activities, LLC, dba Kijubi.com their agents, officers, directors, shareholders, vendors, volunteers, beneficiaries, participants, employees and all other persons or entities acting in any capacity on their behalf including landowners, government agencies, and sponsors (hereinafter collectively referred to as 'Kijubi'), the parties engaging in this activity (hereinafter collectively referred to as 'The Parties') hereby agree to release and discharge Kijubi on behalf of all participants in this activity, their children, parents, heirs, assigns, personal representatives and estates as follows:
1. The Parties acknowledges that Kijubi is a 3rd party online sales agency that merely facilitates bookings and reservations for a third party vendor ('Vendor') who actually provides the activities, sports, events or other endeavors ('Activities') in which the Party seeks to engage. Kijubi does not own, control or direct Vendor nor does Kijubi organize or arrange any of the Activities for or on behalf of Vendor. Accordingly, the Party understands and acknowledges that Kijubi shall not be responsible or liable for any claims that Parties may have in connection with the Activities.
2. The Parties understand and acknowledge that (i) the Activities may have known and unknown risks which could result in physical or emotional injury, paralysis, death or damage to the Parties, their property, or those for whom they may be making reservations, and (ii) Kijubi has not investigated or inquired nor does it make any warranty or representation as to Vendor's record of safety in connection with the Activities, the adequacy of any warnings given by Vendor, the quality or fitness of any equipment provided by Vendor, the adequacy of any training provided by Vendor to the Parties in preparation for the Activities or the skill, ability and competence of the employees and contractors of Vendor, if any, who will be supervising the Activities, and any other risk that may be associated with the Activities ("Risks"). The Parties are advised to undertake their own diligent investigation as to all such Risks prior to engaging in the Activities. 3 The Parties expressly agree and promise to accept and assume all of the Risks. The Parties' participation in the Activities is purely voluntary, and they elect to participate despite the Risks.
4. The Parties hereby voluntarily releases, forever discharges, and agrees to hold harmless Kijubi from any and all claims, demands, or causes of action, which are in any way connected with their participation in the Activities, including but not limited to any such claims which allege negligent acts or omissions of Kijubi.
5. The Parties understand that they are solely responsible for all charges for all medical and emergency services and rescue operations that they may need. They certify that they have adequate insurance to cover any injury or damage they may cause or suffer while participating in the Activity and if they do not, they agree to bear the costs of such injury or damage themselves.
6. The Parties shall indemnify, defend and hold Kijubi harmless from and against any and all claims, actions, liabilities, losses, damages, costs and expenses, including reasonably attorney fees, court costs and expert fees, arising out the participation of Parties, or any guest or invitees for whom Parties may be making reservations, in any of the Activities. This indemnity shall also include any minor (person under 18 years old) for whom Parties may be making reservations.
BY SIGNING THIS DOCUMENT, YOU ACKNOWLEDGE THAT IF YOUR OR ANYONE IN YOUR PARTY SUFFERS AN INJURY OR DIES DURING YOUR PARTICIPATION IN THE ACTIVITIES , YOU HAVE AGREED THAT YOU HAVE WAIVED YOUR RIGHT TO MAINTAIN A LAWSUIT AGAINST Kijubi. YOU HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT.
ALSO, BY SIGNING THIS DOCUMENT, YOU HAVE ACKNOWLEDGED THAT YOU UNDERSTAND THE VARIOUS AND POTENTIALLY SERIOUS RISKS ASSOCIATED WITH THE ACTIVITY AND AGREE THAT, BY SIGNING THIS AGREEMENT, YOU HAVE ACTED FOR ALL FOR WHOM YOU ARE MAKING RESERVATIONS AS THEIR AGENT AND THEY AGREE TO ALL TERMS AND CONDITIONS SET FORTH HEREIN.
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