Risk and Liability

Japan Outdoor Institute PARTICIPANT’S ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISKS & RESPONSIBILITIES, AND RELEASE OF LIABILITY

YOUR RESPONSIBILITIES:

Medical Considerations: If you have any medical or psychological conditions, it is crucial that you inform us well in advance of your program start date so that necessary arrangements can be made. Program leaders have the authority to disqualify any participant at any time if they deem the participant mentally or physically unfit to continue, or if their participation endangers the group or themselves. Refunds are not provided under these circumstances. Japan Outdoor Institute is not a medical facility and does not assume responsibility for medical advice, medications, or inoculations that you or your doctor consider necessary for your participation. Hospital facilities for serious issues may be unavailable, and evacuation can be difficult, prolonged, and costly. Japan Outdoor Institute accepts no liability for medical care provision. By signing the Liability Release and Assumption of Risk Agreement, you agree to cover the costs of emergency evacuation and medical care. Japan Outdoor Institute reserves the right to decline to accept or retain any person as a tour participant if their behavior, health, or mental condition impedes the program’s operation.

Your Obligations as a Program Member: By participating in a Japan Outdoor Institute program, you assume certain responsibilities to Japan Outdoor Institute and other program participants. You are expected to:

  • Select a program that matches your interests and abilities and prepare by familiarizing yourself with the program itinerary.
  • Bring appropriate gear and clothing as advised by Japan Outdoor Institute.
  • Exhibit considerate social behavior with other program participants.
  • Respect the areas visited by using environmentally safe products and practices and not littering.
OUR LEGAL LIMITATIONS — PLEASE READ CAREFULLY

Japan Outdoor Institute may contract with independent contractors for transportation, guide services, and other related travel services. We assume no responsibility for injury, loss, or damage to person or property in connection with any service provided by an independent contractor or resulting from the following: acts of God, detention annoyance, terrorism, theft, pilferage, force majeure, civil disturbances, government restrictions or regulations, strikes, delays and expenses arising from quarantine, or failure of any means of conveyance to arrive or depart as scheduled. We reserve the right to make reasonable changes in the itinerary where deemed advisable for the comfort and well-being of session members. By advancing deposit to Japan Outdoor Institute, the depositor agrees to be bound by the above terms and conditions.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
  1. PROGRAM AND ASSOCIATED RISKS: I have chosen to participate in the program organized by Japan Outdoor Institute (hereinafter referred to as “JOI”). I understand that:
    • The program involves inherently hazardous activities;
    • During the program, I may be exposed to dangers and hazards, including equipment failures and negligence by others;
    • As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged;
    • Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the program and, where available, may be expensive. Japan Outdoor Institute assumes no responsibility for providing medical care during the program, and I will have to pay for any medical care and/or evacuation costs that I incur. In consideration of the permission to participate in the program, I agree to the terms contained in this document.
  2. ASSUMPTION OF THE RISKS: I hereby freely assume the aforementioned risks and any harm, injury, or loss that may occur to me or my property as a result of my participation in the program — including any risks caused by the negligence of Japan Outdoor Institute, its employees and officers, its contractors, and other program participants.
  3. RELEASE OF LIABILITY: I hereby RELEASE Japan Outdoor Institute, its employees, officers, directors, vendors, and contractors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, death, loss, or harm that occur to me or to any other person or to any property during the program or in any way related to the program. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional, or reckless misconduct. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occurs on the program.
  4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims for my own negligence and any other claim arising from my conduct during the program. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.
  5. OTHER FORMS & TERMS: I have carefully read Japan Outdoor Institute’s Reservation Information and have familiarized myself with all of the information provided to me about the program and its rating. I agree to all of the conditions in the Reservation Information — including the sections about my responsibilities and about Japan Outdoor Institute’s legal limitations. I acknowledge that Japan Outdoor Institute has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the program.
  6. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

AUTHORIZATION FOR MEDICAL CARE: In case of a medical emergency, I hereby authorize any medical treatment deemed necessary. I give JOI permission to hospitalize, secure proper treatment for, and/or to order injection, anesthesia, or surgery for myself and/or the minor named herein.

PUBLICITY RELEASE: By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film, or videotape taken of me or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.

PARTICIPANT’S ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISKS & RESPONSIBILITIES, AND RELEASE OF LIABILITY

PARTICIPANT’S MEDICAL INFORMATION

If yes to any of the below, you must inform us via email as soon as possible before your tour / course.

Have you previously or do you currently have:

  • Low or high blood pressure
  • Asthma (Carry Inhaler? YES NO)
  • Physical impairment (please describe)
  • Dizziness, fainting spells
  • Severe abdominal or menstrual cramps
  • Emotional impairment or disability
  • Immunizations current?
  • Thyroid trouble
  • Epilepsy or convulsions
  • ADD or ADHD (Please Circle)
  • Are you currently pregnant?
  • Are you presently using any medication? List Current Medications:
  • Heart Problems (List: )
  • Allergies (drugs, bees…)
  • Recent sprains, fractures, or dislocations:
  • Diabetes (Type/Treatment: )
  • Current communicable diseases:

 

By clicking the checkbox which is required before Payemnt:

I have fully informed myself and AGREE with the contents of this agreement.
The order confirmation after purchase confirms I have read and agree with all the above.