Release of Liability Waiver

FUNLIST.COM LLC RELEASE OF LIABILITY WAIVER

Welcome to FunList, operated by FunList.com LLC (”FunList”). The FunList Release of Liability Waiver may be found below.

PLEASE NOTE THIS FORM DISCLOSES THE RELEASE OF LIABILITY WAIVER OF FunList.com LLC. This statement applies to you: (1) while using any World Wide Web Sites owned and maintained by FunList.com LLC; (2) while participating in events and trips produced or sponsored by FunList; and/or (3) for your purchase and/or use of any products and services offered by FunList and its commonly held affiliates.

Your use of the FunList Website and/or aforementioned events, trips, products and services constitutes your acceptance of the terms and conditions of the Terms of Use, Travel Terms, Release of Liability Waiver, Refund Policy, and our Privacy Policy. You are responsible for reviewing and becoming familiar with all of these terms.

FunList.com LLC has created the Release of Liability Waiver because we value our members. If you have comments or questions, please e-mail us at questions@funlist.com.

Release of Liability Waiver

By registering and signing up for any FunList event the participant agrees to the following terms and conditions:

In consideration of the services of FunList.com LLC d.b.a. FunList, and its owners, directors, employees, agents, contractors, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “FunList”), I agree to the following release:

I fully understand that participation in events or travel whether in civilized or remote areas and whether by boat, on bicycle, on foot, on horseback, or any other form of conveyance or travel contains inherent risks of illness, injury to property and person, and death. These risks may result from the nature of the activity itself, the negligence of others, defects in equipment supplied by FunList or its associated vendors, the use and operation of such equipment, weather, road and trail conditions, my own physical condition, first-aid and emergency treatment and lack thereof, and consumption of food and drink. I am aware that medical services or facilities may not be readily available or accessible during some of the time in which I am participating in the trip.

I am aware of the risks and dangers inherent in the activities arranged by FunList that I and my family, if applicable, are involved in. I am mentally and physically capable of participating in the activities, and willingly assume the risk of injury, loss or damage to property, or death as my sole responsibility.

I understand that FunList reserves the right to make photographic or film records on any of their trips, and hereby agree that FunList may use such photographic or film records for promotional and/or commercial purposes.

As lawful consideration for being permitted by FunList to participate in an event, travel trip, or other activity, the undersigned hereby releases FunList from any and all liability, claims, demands, actions or rights of action for any illness, injury, death, or damage to myself and to my property, which are related to or are in any way connected with my participation in activities, scheduled or unscheduled, arranged by FunList. This release specifically includes but is not limited to the negligent acts or omissions of FunList. I understand that FunList cannot be responsible for the actions of other event or travel trip participants and/or roommates which are out of their control. I agree that the foregoing obligations shall be binding on me personally, as well as upon my heirs, assigns, and all members of my family including any minors accompanying me, if any.

I am aware of the risks inherent in sharing accommodations with another member of the group, that has been arranged by FunList, and on behalf of myself, my heirs, and assigns, I promise and covenant not to sue, assert or otherwise maintain any claim against FunList for any theft, injury, death, or damage to myself or to my property arising from or in any way connected with my sharing accommodations with another member of the group. I agree to assume any financial responsibilities which arise in the event that my roommate and I are not compatible and other accommodations are made on our behalf.

Further, on behalf of myself, my heirs, and assigns I promise and covenant not to sue, assert or otherwise maintain any claim against FunList for any injury, death, or damage to myself or to my property arising from or in any way connected with my participation in any activity arranged by FunList.

I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN ANY ACTIVITY ON THIS EVENT AND/OR TRIP, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST FUNLIST EVEN IF FUNLIST NEGLIGENTLY CAUSES BODILY INJURY OR PROPERTY DAMAGE.

I understand that this writing is the entire, integrated agreement between myself and FunList, and that it can only be modified or changed by a writing signed by both parties. I expressly agree that this release is intended to be as broad and inclusive as the laws of the State of New York allow, and that if any portion hereof is later found to be invalid or not enforceable, the balance of this release shall continue in full legal force and effect.

I HAVE CAREFULLY READ THIS RELEASE. I FULLY UNDERSTAND AND AGREE TO ITS CONTENTS OF MY OWN FREE WILL.

CONTACTING US

If you have any questions about the Release of Liability Waiver, the practices of this site, or your dealings with this site, you can contact us at questions@funlist.com.

CHANGE POLICY

From time to time we may revise these Release of Liability Waiver. If we make a material change, we will post a notice on the FunList Website or notify you by e-mail.

By using FunList Websites, participating in FunList events and trips, and/or purchasing FunList products and services, you assent to the FunList Release of Liability Waiver. If you do not agree to these terms, please do not use this Website, participate in FunList events and trips, and/or buy FunList products and services.

If you would like to comment on our policy or have questions regarding its application, please contact us at questions@funlist.com.