WANDER AFRICA INC. (hereinafter “WA” or “Wander Africa”) TERMS AND CONDITIONS
By signing this document, or otherwise indicating your assent in writing, you agree to the terms and conditions set forth in this document.
ARTICLE 1: CONDITIONS
AIR TRANSPORTATION Flights provided as indicated in the itinerary. Airfare is subject to change and availability and, depending on the fare basis, likely is nonrefundable. Your airline ticket constitutes a contract between you and the airline, even if purchased through Wander Africa. The customer is solely and fully responsible for ensuring they are in full compliance with the airline flown. It is the customer’s responsibility to check with each airline to ensure compliance.
ACCOMMODATIONS Accommodations to be provided as indicated in the itinerary.
MEALS Meals to be provided as indicated in the itinerary.
TRANSFERS: Transfers to be provided as indicated in the itinerary.
CHANGES TO ITINERARY AND SCHEDULE: Notwithstanding the foregoing, WA reserves the right to make changes to accommodations, meals and/or transfers as it may deem necessary. In these rare circumstances, WA shall use commercially reasonable efforts to substitute accommodations, meals and/or transfers of substantially similar quality. The Company reserves the right to change routes and accommodation on your trip as dictated by changing conditions. Such conditions may be brought about by seasonal rainfall on bush tracks, airfields and in game areas, by game migrations from one region to another, or airline or other booking problems, etc.
TIPS AND TAXES: All service charges and taxes imposed by hotels, lodges and tented camps, and entrance fees to all game reserves are included as indicated in the itinerary. Tips to drivers/guides are not included and should be provided in your discretion. A tipping guideline will be forwarded with your final documents.
COSTS NOT INCLUDED: Taxes; passport, visas and associated fees; personal expenses such as laundry, telephone calls and Internet access; accident/sickness, trip cancellation, and baggage insurance; gratuities to ship and hotel personnel; optional sightseeing excursions; baggage charges on aircraft; local departure air/airport tax(es); airfare and associated local taxes, airport facility and security taxes and federal inspection fees not listed as included in the travel Tour; transfers and baggage handling to/from airport/hotel/ship on day(s) of arrival and/or departure; any overnight on land due to flight schedule(s); meals, alcoholic or other beverages and all other services not specifically mentioned as included in the travel Tour
TRAVEL INSURANCE: We strongly recommend that you purchase trip cancellation insurance. In the event that you must cancel your participation in a travel Tour, trip cancellation insurance may be the only source of reimbursement. Trip cancellation insurance is available for comprehensive coverage of such expenses in conjunction with cancellation due to illness or accident, and damaged or lost luggage. We will send you an application upon receipt of your reservation. In addition, medical evacuation coverage may be required as a condition of booking. By booking with WA, you and each member of your Traveling Party assumes sole responsibility to ensure that you and they carry the correct comprehensive travel and medical insurance to cover yourself and themselves for the duration of their trip. This insurance should include coverage for, but not limited to, the following: emergency evacuation expenses and medical expenses. The Released Parties will take no responsibility for any costs or losses incurred or suffered by you or any member of your Traveling Party related to: (i) carrying the appropriate types and amounts of insurance, or (ii) cancellation or curtailment of the trip, repatriation expenses, damage/theft/loss of personal baggage, money and goods. You and/or members of your Traveling Party will be responsible for any emergency services required.
ARTICLE 2: INOCULATION, IMMUNIZATION AND MEDICATION:
VACCINATIONS As countries have varying inoculation, immunization and medication requirements, it is essential that you familiarize yourself with these and take the necessary steps as travel will not be permitted unless you meet these requirements, which are your full responsibility. It is furthermore your responsibility to be familiar with all diseases, both real and potential, when traveling to and through your destination and to take the necessary precautions and vaccinations. We suggest you contact your personal physician or local health department for the most current recommendations as to vaccinations you and/or the other members in your traveling party (collectively, “your Traveling Party”) are required to get before traveling to your destination.
HEALTH REQUIREMENTS/MEDICAL AUTHORIZATION AND COVERAGE You and your traveling party must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing to the Company when the reservation is made. The Company encourages you and your traveling party to consult a doctor for specific medical advice about any activities or destinations. In the event a participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the trip who can direct participant’s care, and the Company is unable or does not have time to contact participant’s emergency contact, the participant, authorizes any medical treatment deemed necessary in the event of any injury or illness. In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf. In addition, to the extent you or someone in your party suffers an injury or illness which causes you to miss ongoing tours or return flights, such further arrangements shall be your sole responsibility and at your own expense.
ARTICLE 3: BOOKING PROCEDURE
TRIP INFORMATION Upon receipt and acceptance of your application, instructions will be sent to you concerning all aspects of your trip, such as itinerary, and items to bring, including, documents, clothing, insurance, etc.
INVOICING A Final Invoice for your trip will be sent to you approximately four (4) months prior to your trip with Wander Africa. Payment of the Final Invoice is due on the indicated date unless otherwise agreed upon.
FINAL DOCUMENTS Subject to receipt of payment in full, WA will send your final documents and tickets approximately two (2) weeks prior to departure.
ARTICLE 4: PAYMENT
RATES All rates quoted are based on tariffs and value of foreign currencies in relation to the U.S. dollar in effect as of the time of booking and are subject to change. Should increases be forced on WA by airlines, exchange rates, etc., WA reserves the right to impose a surcharge up to a maximum of 10% of the total tour cost.
PRICE INCREASES Destination countries increase their VAT taxes from time to time. Some suppliers impose energy surcharges or other price increases. Prices are also subject to increase due to currency fluctuations. Any such increases will be applied to your total due at the time of final payment.
DEVIATIONS AND CHANGE FEES Once you reserve your tour, WA may in its discretion accommodate change requests, subject to availability at the time of request. Should there be any change fees imposed by airlines or ground operators, or additional costs incurred due to the unavailability of space, these fees and / or costs will be invoiced to you, as well as WA’s service fee.
ARTICLE 5: CANCELLATIONS AND REFUNDS
CANCELLATIONS AND REFUNDS Cancellations are only effective on receipt of written notification. Refunds will be provided as follows: UPON RECEIPT OF YOUR DEPOSIT: Deposits are non-refundable. In addition, any applicable airline cancellation or optional excursion cancellation or other permit cancellation or change fees may apply. UPON RECEIPT OF FINAL PAYMENT: you are not entitled to a refund of any amount and are subject to a cancellation fee of 100% of the total cost of your tour. In addition, any applicable airline cancellation or optional excursion cancellation fees may apply. On a case-by-case basis, discretionary refunds that we secure from our suppliers outside of these terms will be returned, less a $500 per person administration fee, which can be applied to a new booking.
Notwithstanding the foregoing, travelers that voluntarily cancel any of the tour services shall be entitled to no refund. There will be no refund for unused services including hotel accommodations and/or transfers. Please note that cancellation includes reduction of services or decrease in number of travelers in a group, as well as a complete cancellation of the trip. In case of a date change request, WA will use commercially reasonable efforts to avoid cancellation or change fee penalties, but these penalties are dependent on policies of our suppliers. For clients with primate permits, please note that these permits are issued directly by the government of the country visited and are not refundable nor transferable. Park officials may deem any trekker too unwell and that individual will not be allowed to visit the primates and will not receive a refund for permit purchased.
WA STRONGLY RECOMMENDS TRAVEL INSURANCE TO COMPENSATE YOU AND/OR YOUR TRAVELING PARTY FOR CANCELLATION FEES YOU OR THEY MAY INCUR Your decision not to participate on the Tour due to State Department or Centers for Disease Control advisories or warnings, fear of travel, or for any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Tour on the Tour start date, you will be considered a no-show. No refunds will be available, but you may join the Tour late if you wish.
CANCELLATIONS AND POSTPONEMENTS BY WANDER AFRICA INC. reserves the right to change the itinerary, the lodges shall not be liable for any loss of any kind as a result of any such changes. WANDER AFRICA INC. may cancel or postpone a Tour (or an option) for any reason whatsoever. Seasonal changes (for example, from low to high season) may result in higher prices. In any event, for cancellations (or postponements) based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to WANDER AFRICA INC., but only to the extent its suppliers are crediting WANDER AFRICA INC. with those monies paid by WANDER AFRICA INC. to them. Under no circumstances is WANDER AFRICA INC. obligated to refund the cost of any purchased travel insurance. WANDER AFRICA INC. is not required to cancel any Tour for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. WANDER AFRICA INC. is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if WANDER AFRICA INC. makes the flight arrangements or cancels the Tour. WANDER AFRICA INC. reserves the right to substitute lodges, hotels, vessels or attractions for those listed in the tour description if same is required by circumstances beyond its control or for the convenience or well-being of clients.
ARTICLE 6: MISCELLANEOUS
WILD ANIMALS Please be aware that some trips may take you into close contact with wild animals. Attacks by wild animals are rare, but WA cannot guarantee you and/or a member or members of your traveling party will not be attacked. By taking this trip, you and the members of your traveling party are assuming the risk associated with viewing wild animals. WA, its affiliates and/or any of their respective owners, employees, or agents (the “Released Parties”) shall not be responsible, or liable for, any injury or incident that may occur on the trip. Please note that not all camps are fenced.
PASSPORTS AND VISAS International travel requires a passport valid 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. If one parent or guardian plans to bring a minor child without the other parent or parents, some countries and airlines have strict documentation and permission requirements. Birth certificates may be required for children under 18. Some nations require proof of vaccinations for all travelers. Please speak with us if you are unsure about the visa requirements for your travel destination. You are solely responsible for complying with passport, visa, and other foreign entry requirements and vaccinations.
MEDICAL PROXY If you are unable to authorize your own medical attention and treatment, you authorize Wander Africa or its subcontractors or agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release WA from any liability for medical attention arranged or not arranged on your behalf. WA assumes no liability regarding the provision of medical care or evacuation services.
ARTICLE 7: GENERAL CONDITIONS
All the terms and conditions governing your trip and our relationship are set out in this document that you have agreed to upon completion of your booking form. These terms and conditions will prevail in the event of any contradiction in the documents, so please ensure your familiarity with them as you have agreed to be bound hereby.
RESPONSIBILITY AND ASSUMPTION OF RISK Wander Africa Inc., its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively “WANDER AFRICA INC.”), do not own or operate any entity which is to or does provide goods or services for your Tour including, for example, lodging facilities, airline, vessel, or other transportation companies, guide services, local ground or tour operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, WANDER AFRICA INC. is not liable for any negligent or willful act, failure to act, financial failure or other defaults of any such person, entity, supplier or any other third party.
In addition and without limitation, Wander Africa is not responsible for any injury, financial or other loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, acts or orders of government, acts of war or civil unrest, insurrection or revolt, bites from or attacks by wild or domestic animals, insects or pests, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, sickness, illness, epidemics or the threat thereof, the lack of availability of or access to medical attention or the quality thereof, overbooking or downgrading of accommodations, mechanical or other failure of airplanes, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely. Further, I release Wander Africa from its own negligence and assume all risk thereof.
We have no special or unique knowledge regarding the financial condition of the suppliers of services, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For useful information regarding your destination, we strongly recommend reviewing the destination-specific information at www.travel.state.gov, and the Centers for Disease Control at www.cdc.gov/travel.
If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), you will be responsible for your own hotel, transfers and meal costs. The right is reserved to decline to accept as a Tour participant, or remove from a Tour, without refund, any person WANDER AFRICA INC. judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other Tour participants, leaders or third parties, or who WANDER AFRICA INC. determines to detract from the enjoyment of the Tour by others. Specific room assignments are within the sole discretion of the lodge or hotel.
FORCE MAJEURE: WA assumes no responsibility for any personal injury, property damage, financial or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the Tour, acts of God, acts or orders of government, epidemics, war, terrorist acts, riots, disaster, weather events, or strikes.
No party shall be bound by any express or implied terms, representation, promise or the like not recorded herein.
No variation, amendment, addition or deletion of these terms will be binding unless expressly agreed to by both parties, you, the client and WA, in writing. From time to time, updated and amended terms and conditions will be necessary due to changes in policy, administration and legislative alterations. Please ensure you are familiar with the most recent iteration of these terms and conditions.
No relaxation or indulgence of any individual term or condition will constitute a waiver of these terms and conditions and both parties remain entitled to their rights as ascribed to them in terms hereof, despite not insisting on them at any given time. Should any of the terms and conditions as found herein be deemed to be invalid or null and void as determined by a court of law, the rest of the provisions will remain in full force and effect as if the former had not been included.
None of the Released Parties shall be responsible or liable for any loss or damage whatsoever arising from any cause whatsoever and without restricting the generality of the foregoing shall specifically not be responsible for loss or damage arising from any errors or omissions contained in any brochure or other literature, loss or damage caused by delays, sickness, theft, injury or death, and you and your traveling party agree to indemnify, defend, and hold the Released Parties harmless from all such claims or causes of action. In addition, WA reserves the right at any time in its discretion to cancel any tour or the remainder thereof, or make any alteration in route, accommodation, or other details, which may result in a price increase for which you will be billed, and, in the event of any trip being rendered impossible, illegal or inadvisable by weather, strike, war, government or interference or any other cause whatsoever, any and all additional expenses that may be incurred as a result thereof shall be your responsibility. The Company may, in its discretion, and without liability or cost to itself at any time, cancel or terminate your booking and in particular without limiting the generality of the foregoing, it shall be entitled to do so in the event of the illness or the illegal or incompatible behavior of you or any member of your Traveling Party, who shall in such circumstances, not be entitled to any refund. You agree, by booking this trip, that you have the authority to enter into a contract on behalf of you and each member of your Traveling Party included in such a booking and in the event of the failure of any or all of the other persons so included to make payment, you guarantee such payment, and shall make the payment(s) upon the Company’s request.
In any event, for cancellations (or postponements) based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to WA but only to the extent its suppliers are crediting WA with those monies paid by WA to them. Under no circumstances is WA obligated to refund the cost of any purchased travel insurance. WA is not required to cancel any Tour for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. WA is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if WA makes the flight arrangements or cancels the Tour. WA reserves the right to substitute lodges, hotels, vessels or attractions for those listed in the tour description if same is required by circumstances beyond its control or for the convenience or well-being of clients.
WA cannot be held responsible for any defects, changes, or cancellations in the bookings or trips, which includes, but is not limited to delays, loss, or damages, arising from any causes, including dissatisfaction with the booking, or any loss, damage, or delay, caused by the suppliers or any third party.
You acknowledge that you are aware that travel such as the Trip you are undertaking involves potentially dangerous activities, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. You further acknowledge that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which you are on the trip, and that when available may not be of the quality which exists in the United States.
PHOTO RELEASE: You consent to our use of pictures or video of you in our marketing materials without compensation.
Wander Africa assumes no responsibility for any personal injury, property damage, financial or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the Tour, acts of God, acts or orders of government, epidemics, war, terrorist acts, riots, disaster, weather events, or strikes.
Please note that WA acts merely as an agent for the operating companies delivering your travel experience and shall not be liable for any harm or damage resulting from their actions or on their premises.
PHYSICAL ACCESSIBILITY: All Tours require physical independence and mobility. Any physical or mental condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Participants must be able to embark or disembark vans or motor coaches alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Participants requiring assistance must travel with a companion who will be responsible for handling equipment. Please understand that the Americans with Disabilities Act does not apply outside the United States.
CHANGES: Changes in this Agreement may be made only in writing, signed by an officer of Wander Africa
BINDING ARBITRATION: Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the Tour, or the Tour itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) [North Carolina] law and will take place in [Buncombe County, North Carolina]. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and Wander Africa are waiving the right to a trial by jury. Any arbitration commenced against Wander Africa must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can participant be part of a class or other joint action.
COVID-19 ADDENDUM TO THE ASSUMPTION OF RISK AND WAIVER OF LIABILITY
Voluntary Participation: I acknowledge that I am choosing to participate voluntarily in the Services, and I recognize that these Services, while planned or delivered with care, may contain certain inherent risks. I agree that I expressly assume all of the risks, known and unknown, of the Services in which I participate. I am also aware that if there is any Service, or part of any Service, that I am not comfortable receiving, that I may voluntarily decline to participate at any time. I understand that I will not receive a refund for any part of the Service I decline to receive, but it is my right to not participate and/or inform the Service Provider that I wish to stop receiving all or part of the Service at any time.
Assumption of Risk of Exposure to COVID-19: By engaging in these Services, I am aware that I agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses or other illnesses, diseases, or conditions, including but not limited to the coronavirus known as COVID-19. The coronavirus COVID-19 is primarily transmitted via exhaled respiratory droplets, most often through coughing, sneezing and breathing in close proximity to another person. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons. I understand and agree that (a) COVID-19 is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present (b) no precautions, including the protocols that will be implemented as part of the trip, can eliminate the risk of exposure to COVID-19; (c) people of all ages and health conditions, including healthy young people, have been adversely affected by COVID-19; (d) certain people have been identified by public health authorities as having greater risk based on their age or underlying medical conditions; (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death, regardless of a person’s age or health condition. I understand that during the course of my participation in the Activities, compliance with governmental recommendations concerning social distancing may not be possible and that physical interaction with WA, other participants, and members of the public may occur. I understand the contagious nature of COVID-19 and that I am at higher risk of contracting COVID-19 because some of the Activities are held in public places and may be attended by other individuals.
Rules and Warnings: I agree to observe and obey all posted and announced rules and warnings, and further agree to follow any instructions or directions given by the Service Provider, or his/her/its employees and agents.
Not a Substitute for Medical Advice: I understand that the information provided at or in conjunction with the Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by my own physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered mental or physical health care professional. I understand that the Service Provider and his/her employees, representatives, and agents are not acting in any capacity as a medical or mental health care provider and they are not giving medical or psychological advice. I understand that they are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body during the course of the Services.
Seek Medical Advice: I agree to seek the advice of my physician regarding any questions or concerns I have about my specific health situation, including but not limited to possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications I am currently taking. I understand that I am advised to speak with my own physician or mental health provider before receiving the Services to determine whether I am in the proper health to receive them. I agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to my own physician or mental health care provider.
Imminent Harm: At any time before or during the Services, should I know or fear that I may cause imminent harm to myself, other participants, the Service Provider, or any other person, I understand and agree that I am immediately obligated to let the Service Provider know, and to remove myself from the situation in a peaceful and cooperative manner; otherwise, I consent now that I may be asked to stop receiving the Services (even partway through the provision of the Service) and/or have immediate physical or mental health care administered to avoid causing mental or physical harm to myself or others.
Consent to First-Aid or Emergency Treatment: I consent to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during the Services, and I agree to hold the Service Provider harmless as a result of any such injury or damage I may suffer due to the application of medical or mental health services or treatment. I also agree and consent that the Service Provider may contact my Emergency Contact provided.
Limitation of Liability: I waive and release the Service Provider from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I have ever had, now have or may have in the future against the Service Provider, arising from my past, present or future participation in, or otherwise with respect to, anything related to and including the Services, including any transportation to, from and during the Services, unless arising from the gross negligence of the Service Provider.
Release of Claims: In no event will the Service Provider be liable to me or to any person for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on these Services or related content or materials, including, without limitation, any personal injuries, accidents, misapplication of information, or any other loss, malady, disease, difficulty, injury, or otherwise, even if I am advised of the possibility of such damages, difficulties, or injuries, whether caused by the fault of myself, the Service Provider, other attendees or other third parties. I agree to pay for all damages caused to the Service Provider, facilities, or any other person resulting from any negligent, reckless, or willful action that I may take. I acknowledge that I am solely responsible for any and all medical coverage for myself and my traveling party, and to the extent that COVID-19 requires certain quarantine protocols that compromise my travel arrangements, I acknowledge that I am solely responsible for any evacuations required for such country at my sole cost and expense, and Service Provider shall have no responsibility or liability for coordination or the cost thereof.
Governing Law/arbitration: This Agreement shall be interpreted in accordance with the laws of North Carolina. In the event of a dispute arising out of or concerning this waiver of the trip, such dispute shall be settled by litigation without a jury arbitration. I HEREBY KNOWINGLY RELEASE ANY CLAIM TO A TRIAL BY JURY. Any dispute shall be settled by a bench trial exclusively within the courts located in Buncombe County, North Carolina. Such arbitration shall be heard by a single arbitrator and commenced before the American Arbitration Association in North Carolina.