TRIP PARTICIPANT LIABILITY WAIVER AND RELEASE AND INDEMNIFICATION AGREEMENT
This TRIP PARTICIPANT LIABILITY WAIVER AND RELEASE AND INDEMNIFICATION AGREEMENT (“Agreement”) is executed on the date set forth below by the undersigned participant (hereinafter “Trip Participant”) in the Steppers Cruise on the Royal Caribbean Freedom of the Seas to CocoCay (Bahamas), Charlotte Amalie, St. Thomas Virgin Island and San Juan, Puerto Rico 9/29/24 to 10/06/24 (the “Trip”), in favor of Abrams Rothchild LLC of Houston Texas, Steppers Cruise LLC., its subsidiary companies and affiliates, Including the Erica Luxe Travel, and their respective members, directors, officers, employees and agents (collectively, “Trip Sponsors”).
1. Trip Participant hereby submits this Agreement to Trip Sponsors with the understanding that it will be relied upon to determine whether Trip Participant is entitled to participate in the Trip and all activities in connection therewith. Trip Participant represents and warrants that he/she is age 21 or older.
2. Trip Participant represents, warrants, covenants and agrees that Trip Participant is undertaking the Trip entirely of Trip Participant’s own choice and volition, and that it has not been requested, suggested or required in any way by Trip Sponsors that Trip Participant undertake participation in the Trip. Trip Participant acknowledges and recognizes that Trip Participant’s activities in connection with the Trip may involve potential danger to Trip Participant’s person and property and the property of others, and knowingly and voluntarily intends to participate in the Trip.
3. In consideration of being permitted to participate in the Trip, and with full knowledge, understanding and consideration of the inherent risks involved, Trip Participant, by signing below, expressly assumes all risks of any nature whatsoever and does hereby release Trip Sponsors of and from any and all claims, demands, damages, actions and causes of action, torts, obligations, costs, losses, claims, liability for bodily injury, death or other type of damage or injury of any nature whatsoever, including any damage or injury related to or arising out of Trip Participant’s consumption of alcoholic beverages at any time during the trip, and any and all other liabilities of any kind or description whatsoever, whether in law or in equity, whether known or unknown, that Trip Participant hereafter has or may have, arising from or by reason of or in any way connected with any transaction, event, or circumstance that occurs or exists by reason of Trip Participant’s participation in the Trip, and any injury, damage or loss of any nature arising in connection therewith.
4. Trip Participant, on Trip Participant’s own behalf and on behalf of Trip Participant’s heirs and assigns, does hereby now and forever fully and finally release, remise, acquit and discharge Trip Sponsors of and from any and all rights, claims, debts, damages, demands, actions, liabilities, responsibilities, causes of action, covenants, suits and judgments, of any kind or nature whatsoever, including any damage or injury related to or arising out of Trip Participant’s consumption of alcoholic beverages at any time during the trip, whether known or unknown, developed or undeveloped, anticipated or unanticipated, discoverable or undiscoverable, which Trip Participant has or might have or might claim to have against Trip Sponsors, arising out of or in any way related to or associated in any way with Trip Participant’s participation in the Trip, and any injury, damage or loss of any nature related to or arising out of or in connection therewith. The release contained in this paragraph is intended to be broad and to release Trip Sponsors from all liability for all claims arising out of any loss, damage or injury (including personal injury or death) to Trip Participant’s person or property that results from any accident, event, circumstance, act or omission in connection with Trip Participant’s participation in the Trip.
5. Trip Participant covenants and agrees not to sue Trip Sponsors upon any claim, demand, right of action, cause of action, lawsuit, damage, loss or expense of any nature whatsoever, in law or in equity, which Trip Participant now has or has had or may hereafter claim to have or have had, against Trip Sponsors arising from or by reason of any matters, conduct, transactions, liabilities or obligations, including Trip Sponsor’s negligence, with respect to the participation in the Trip, as to which any Trip Sponsor might have any resultant or consequent liability to Trip Participant. Trip Participant further covenants and agrees not to sue Abrams Rothchild LLC or Steppers Cruise upon any claim, demand, right of action, cause of action, lawsuit, damage, loss or expense of any nature whatsoever, in law or in equity, which Trip Participant now has or has had or may hereafter claim to have or have had against Trip Sponsors related in any way to Trip Participant’s possession or consumption of any alcoholic beverages.
6. Trip Participant hereby covenants and agrees to indemnify and hold the Trip Sponsors harmless from and against any and all claims, injuries, damages, liabilities, losses and costs or expenses (including reasonable attorneys’ fees) arising from or in connection with Trip Participant’s acts, omissions, activities, conduct and participation in the Trip.
7. Trip Participant hereby acknowledges and agrees that it is his/her sole responsibility to board and depart the mode of transportation at the times provided by the Trip Sponsors. If Trip Participant misses the provided-for transportation, Trip Participant acknowledges and agree that will be Trip Participant’s sole responsibility to obtain transportation at his/her sole expense.
8. Trip Participant hereby gives Trip Sponsors the right to broadcast or publish Trip Participant’s name, city of residence, photo, video tape, film or any other likeness, including Trip Participant’s voice, recorded or live, for any reason that Trip Sponsors deem necessary without compensation, unless prohibited by law, and Trip Participant hereby releases any and all claims Trip Participant may have against Trip Sponsors for such use. Trip Participant further acknowledges that Trip Sponsors owns or will own exclusively any photographs of Trip Participant used for such purposes, including the copyrights in them, regardless of the form in which they have been or may be produced and used, and Trip Participant hereby assigns all such ownership rights to Trip Sponsors.
9. This Agreement shall be binding upon Trip Participant’s heirs, successors, assigns and legal representatives. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
I HAVE READ THE ASSUMPTION OF RISK, LIABILITY RELEASE AND INDEMNIFICATION PROVISIONS CONTAINED HEREIN AND I FULLY UNDERSTAND AND AGREE TO ALL OF THESE TERMS. I HAVE EXECUTED THIS AGREEMENT VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this___ day of ____ , 2024.
Signature Print Name Witness