In consideration of the services of Martin Bailey Photography K.K., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Martin Bailey Photography K.K.”), I hereby agree to release, indemnify, and discharge Martin Bailey Photography K.K., on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that travel to foreign countries entails unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: the hazards of walking on uneven terrain (cobblestones) and slips and falls, street muggings, hijacking, my own physical condition.
2. I expressly agree and promise to accept and assume all of the risk existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Martin Bailey Photography K.K. from any and all claims, demands, or causes of actions, which are in any way connected to my participation in this activity, exclusive of an act of gross negligence or willful misconduct on the part of Martin Bailey Photography K.K. if proved in a court of law.
4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
5. On Japan tours, I understand that Martin Bailey Photography K.K. and their agents will make every effort to ensure that we arrive back in Tokyo by the end of the last day of the tour, but I understand that weather conditions or other circumstances outside of their control could cause delays, and I agree that I will not hold Martin Bailey Photography K.K. or their agents responsible for any additional charges related to change or cancellation of international flights or hotels after the tour.
6. In the event that I file a lawsuit against Martin Bailey Photography K.K., I agree to do so solely in Tokyo, Japan, and I further agree that the substantive law of Japan shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
Subject to Change
Your tour itinerary has been carefully designed to assure participants the best opportunities that our destinations have to offer; however, should events arise that are beyond our control, activities and hotel arrangements are subject to change without notice.