TOUR AGREEMENT, WAIVER AND RELEASE OF CLAIMS

TOUR CHANGES: Brent’s Tours, LLC reserves the right to make changes or substitutions in the interest of the tour in order to meet unexpected situations, such as increases in fares and rates of accommodations, airline failures, and changes in currency rates prior to departure.  The cost of the tour is based on airfare, taxes, accommodation rates, and rates of exchange quoted to Brent’s Tours, LLC at the time of publication.  These prices are expected to be in effect at the time of departure; however, any increases in price made by the airlines, hotels, vendors, and operators, or resulting from changes in the exchange rate, will be passed on to you the participant.  If such rates change prior to departure, Brent’s Tours, LLC is not under any obligation to pay extra expenses arising from the changes. The resultant cost increase will be billed to each participant’s account and will require immediate settlement.  By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.
 
PROGRAM CANCELLATION:  Brent’s Tours, LLC reserves the right to cancel the tour, if deemed necessary for reasons including insufficient program participation and circumstances beyond Brent’s Tours, LLC’s control, such as strikes, lockouts, riots, wars, whether declared or undeclared, hostilities, civil disturbances, acts of God, acts of governments or other authorities, thefts, pilferage, epidemics, quarantines, custom regulations, delays, or cancellations of or changes in itinerary or schedules or from any causes beyond Brent’s Tours, LLC’s control.  In such event, Brent’s Tours, LLC shall have no responsibility, beyond the refund of deposits and monies paid to Brent’s Tours, LLC by the participants.  A refund will then be made to participants, within 30 days, by means of a company or bank check.  By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.

LOSS AND DAMAGE:  Brent’s Tours, LLC or any associated representatives, obtain services from hotels, airlines, ship companies, or owners or contractors providing accommodations, transportation or other services.  Contracts and tickets are issued subject to any and all tariffs, terms and conditions provided by such vendors or contractors.  Brent’s Tours, LLC or any associated representative shall not be, or become liable or responsible for, any loss or injury or damages to person, baggage, property, or for any additional expenses or liability sustained by the traveler in connection with any such services. The tickets or contracts in use by any vendor or contractor providing any services shall constitute the sole contract between such vendor or contractor and the purchaser of tour and/or tour member. By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.

 HEALTH AND INSURANCE:  Each participant is encouraged to have a physical checkup and have his or her own health insurance policy as well as travel insurance.  Brent’s Tours, LLC is not responsible for illnesses that may occur while traveling.  Since group sightseeing can be physically taxing, all persons who suffer from any physical impairment, which could hinder them from normal participation, must contact Brent’s Tours, LLC prior to booking tour.  By signing this agreement, I hereby grant permission for emergency first aid to be administered if deemed necessary.  Brent’s Tours, LLC does not provide medical and accident insurance.  If an emergency or health crisis should occur on the tour, Brent’s Tours, LLC shall attempt to obtain medical assistance, if it is available; however,  the cost of such medical assistance shall be the responsibility of the participant. Personal insurance is strongly recommended through private insurance companies. By signing this agreement, I agree to indemnify and hold Brent’s Tours, LLC harmless if any claim is brought resulting from or related to medical care or assistance provided to me or not provided to me.  Brent’s Tours, LLC does not provide travel insurance.  By signing this waiver, I agree to hold Brent’s Tours, LLC harmless for my failure to obtain travel insurance and for any cost or claims which could have been covered by travel insurance if it had been obtained.  Additionally, Brent’s Tours, LLC does not provide participants with information concerning medications or vaccinations or immunizations.  By signing this waiver, I agree that it is my responsibility to obtain information concerning vaccinations and medications and immunizations and to secure any vaccinations and medications and immunizations. I further agre to hold Brent’s Tours, LLC harmless for my failure to obtain and/or utilize vaccinations and medications and immunizations. By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.

INJURY AND/OR DEATH:  By signing this waiver, I agree that I understand and acknowledge that traveling to a foreign country and engaging in touring activities while enroute or while in a foreign country involves, or may involve, hazards and dangers, and could result in physical injury, or even death.  By signing below, I agree to assume the risk of all dangers and risks of travel, whether known or unknown, regardless of how they arise, or who is at fault.  I further waive and release Brent’s Tours, LLC, it’s owners, officers, directors, shareholders, employees, agents, and insurers from any and all liability whatsoever that arises out of or is related to participation in the tour, or any activity thereof.  This waiver and release applies to all claims of negligence, or any other liability that may arise from participation in the tour.  I further agree to indemnify and hold Brent’s Tours, LLC, it’s owners, officers, directors, shareholders, employees, agents, and insurers harmless for any claim that is raised or may be raised, arising out of or related to my conduct and/or participation in the tour. By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.

 TRANSPORTATION:  I understand and agree that all tickets are issued subject to any and all terms and conditions under which means of transportation or other services are offered and provided by the issuer, and that Brent’s Tours, LLC shall not be or become liable or responsible in any way in connection with such transportation or other such services, or for any loss, injury or damage to, or in respect of, any person or property howsoever caused or arising, or for damages resulting from any other cause connected directly or indirectly with the program for which application is hereby made. By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.

AGREEMENT AND SIGNATURE(S):  Having read carefully this information concerning the program, I hereby submit this waiver and agree to comply with the guidelines and regulations of this program.  I acknowledge and agree that each and every reference in this agreement  to Brent’s Tours, LLC shall include Brent’s Tours, LLC, its owners, officers, directors, shareholders, employees, agents, and insurers whether or not listed individually, and that in agreeing to hold Brent’s Tours, LLC, harmless, I am agreeing to hold harmless Brent’s Tours, LLC, its owners, officers, directors, shareholders, employees, agents, and insurers. By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.

CHOICE OF LAW AND FORUM:  I agree that this agreement and the performance thereof be construed under the laws of the state of Utah.  Further, I agree that any legal action concerning this agreement, its performance or any claim or cause of action whatsoever arising from the conduct of or related to Brent’s Tours, LLC, its owners, officers, directors, shareholders, employees, agents, and insurers will be brought in the Eighth District Court of Duchesne County, State of Utah, Roosevelt Department or Utah’s federal court in Salt Lake City. By signing this agreement, I, the undersigned, acknowledge and agree with the terms of this paragraph.

I, hereby acknowledge that I have read, understand and agree to, and promise to comply with, all the terms and conditions herein defined.
 

Signature of Applicant_________________________________________

 Date ____________________
 
*A parent or guardian must sign agreement of those under 18.  Those 18 and over who rely on their parents for financial support must also obtain parental approval.

*As a parent or guardian of the above applicant, I acknowledge my approval of the agreement.  I further agree that if this agreement is found, for any reason, to be unenforceable with regard to the above applicant, that I will personally indemnify and hold harmless Brent’s Tours, LLC for any liability imposed upon Brent’s Tours, LLC with respect to the applicant and/or against any claim brought or which may be brought by the above applicant against Brent’s Tours, LLC.


 Signature of Parent or Guardian*: ________________________________
   

Date ____________________