Terms & Conditions
Traveler acknowledges that Anago Travel & Tours, LLC (“Anago”) plans, organizes, and sells guided tours and travel related services provided by various third-party suppliers. As a condition of providing its services, Anago requires each Traveler (and Traveler’s parent or guardian if Traveler is a minor) to review, acknowledge and agree to the following policies:
Cancellation and Travel Insurance
Traveler will review his/her travel documents for accuracy upon receipt and shall immediately notify Anago of any problems, concerns, or questions. Traveler understands that modifications to and/or cancellation of any aspect of his/her travel arrangements may result in financial penalties in accordance with the agreements between Anago and the Traveler as well as the supplier’s cancellation policies. Traveler understands that travel insurance has been offered for purchase to cover certain risks inherent in travel including but not limited to supplier bankruptcy, trip interruption and/or the inability to travel due to a medical or personal emergency. This insurance is the only protection offered by Anago with respect to the trip. Anago makes no guarantees or warranties of any kind. Traveler’s election to accept or decline such insurance must be confirmed in writing. Traveler is responsible for understanding available travel coverage(s) and protections and making any claims directly with the travel insurance provider.
While traveling with an Anago representative, Traveler hereby grants Anago rights and permission to use his/her image, likeness and sound of his/her voice as recorded on audio or video tape without payment or any other consideration. Traveler understands that his/her image or voice may be edited, copied, exhibited, published, or distributed, and Traveler waives the right to inspect or approve the finished product containing Traveler’s likeness and/or voice. Additionally, Traveler waives any right to royalties or other compensation arising or related to the use of Traveler’s image or recording.
Travel Conduct, Assumption of Risk, and Indemnification
While traveling with Anago, all Travelers shall act in a reasonable, responsible, and safe manner. Traveler understands that participation on this trip is voluntary, and that travel carries with it certain dangers and risks, including but not limited to travel changes, cancellations, weather conditions, consumption of food, language barriers, contagious diseases, terrorism, provision of medical care, serious personal injuries, illness, death, property loss or damage, and other risks that are not now known and are not reasonably foreseeable at this time. Traveler knowingly accepts and voluntarily assumes these risks and dangers regardless of their cause (including but not limited to those caused by the actions, inactions, negligence, gross negligence, or willful misconduct of Traveler, those acting on behalf of Anago and/or other third parties), and agrees that Anago is not responsible for, nor will Traveler attempt to hold Anago responsible for, Traveler’s wellbeing or property in connection with the trip identified above. Traveler further hereby agrees to indemnify and hold Anago harmless from any loss, liability, damage, or costs, including court costs and attorney fees, that Anago may incur due to Traveler’s participation in the trip identified herein, whether caused by the negligence, gross negligence, or willful misconduct of Anago or otherwise.
Traveler’s Health and Vaccinations
Traveler warrants and represents that he/she has no known physical or health-related reasons or problems that may preclude or restrict Traveler’s participation in the trip identified herein and all related activities. Traveler warrants and represents that he/she has disclosed in writing any physical, mental, and/or emotional conditions or problems, permanent or temporary, including special dietary and medication needs, or the need for visual or auditory aids that might impair Traveler’s ability to participate in the trip. Traveler hereby fully and completely releases, waives, and agreed to hold Anago harmless from any and all claims, damages, injuries, or loss arising out of Traveler’s failure to disclose such conditions or problems. Traveler further agrees that receiving any vaccinations and/or inoculations (if necessary) is Traveler’s responsibility. Traveler will not hold Anago liable for any adverse reactions as a result of taking the vaccinations and/or inoculations nor illness abroad or at home due to not taking the vaccinations inoculations. Traveler will make all preparations necessary to safeguard his/her health and comply with all recommended precautions pertaining to Traveler’s health and safety regardless of the source of such recommendations. Traveler has further arranged, through insurance or otherwise, to meet any and all needs for payment of health care coverage or medical costs that Traveler may incur while participating in the trip.
DISCLAIMER OF LIABILITY AND GENERAL RELEASE
While Anago endeavors to provide accurate and current information, Traveler acknowledges that such information is provided by third-party suppliers and may include inaccuracies or typographical errors. Anago does not guarantee the accuracy of, and disclaims liability for, any inaccuracies, including (but not limited to) the price, information and description of the trips and services described herein. The tours and travel related services provided by Anago are furnished by contractors who are not employees of, or joint ventures with, Anago, and Anago is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any supplier or any personal injuries, death, property damage or other damages or expenses resulting from causes outside of Anago’s control. Further, Anago shall not be responsible for travel delays or cancellations or for any illness, death, injury, damage, or loss of vacation time arising therefrom. Further, Anago shall not be liable for any injuries, damages or losses caused to any Traveler in connection with or by supplier or any supplier’s employees or contractors, terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climactic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside the control of Anago. By signing below, Traveler hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Anago and its agents, employees, contractors, officers, members, owners, representatives, attorneys, or others acting on its behalf (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Traveler, or any of the property belonging to Traveler, WHETHER CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFULL MISCONDUCT OF THE RELEASEES, or otherwise, while participating in any trip or activity offered by Anago. In no event shall Anago be responsible for any direct, indirect, punitive, incidental, special, or consequential damages incurred by Traveler. Notwithstanding the foregoing, in the event that Anago is held liable to Traveler for damages of any kind and for any reasons, Anago’s liability shall not exceed the amount received from Traveler in connection with the trip or tour giving rise to the claim.
Governing Law and Miscellaneous Terms
It Traveler’s express intent that the terms of this Traveler Acknowledgement of Risk, Waiver of Liability and Photo/Video Release Form shall bind the members of Traveler’s family, spouse, children, heirs, assigns and personal representatives. Traveler acknowledges that Anago’s principal office is located in Dallas, Texas and that services performed by Anago bear a significant relationship to its operations within Texas. Accordingly, any disputes between the parties shall be subject to, governed by, enforced, and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles that would result in the application of any law other than the law of the State of Texas. The Parties agree that the exclusive jurisdiction for any lawsuit arising out of this Agreement shall be the state and federal courts located in Dallas, Dallas County, Texas. The Parties hereto all agree to personal jurisdiction in Texas and waive any objection based on forum non-convenient or any similar argument.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Traveler Acknowledgement of Risk, Waiver of Liability and Photo/Video Release Form, understand it and sign voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.