Assumption of Risks & Liability Waiver

One form per participant, per tour. Signature required.

Acknowledgment & Assumption of Risks Agreement

1. I, the undersigned participant, acknowledge that I am voluntarily choosing to participate in this tour with full understanding that the activities involved may be hazardous to me or to my property. I understand that the activities of this tour carry inherent risks and that I may be traveling in remote areas far from medical care. By signing below, I agree to assume all risks associated with participation, including but not limited to forces of nature and weather hazards, accidents, uneven or challenging terrain, transportation risks, equipment failure, wildlife encounters, natural hazards, and risks associated with remote locations.

2. I understand and accept the risk of injury, illness, disease, physical exertion, permanent disability, and even death, and acknowledge that evacuation and/or access to suitable medical care may be limited or unavailable. I agree to take full responsibility at all times for my own actions, safety and welfare, as well as for any minor children in my care, custody, or control. I understand that I will be part of a group and agree to conduct myself in a manner that does not endanger myself or others.

3. I further represent and warrant that I am in good physical condition and have no medical conditions that would prevent safe participation in this tour. I have disclosed all relevant medical conditions, medications, and physical limitations to Birding Texas and Beyond. I agree to immediately inform Birding Texas and Beyond of any medical issues that arise during the tour. I understand that Birding Texas and Beyond does not provide medical insurance coverage for participants and that I am solely responsible for obtaining my own medical and travel insurance. I acknowledge that if I misrepresent my fitness or ability to participate safely on this tour, I may be removed from the tour, before or during the trip, at my own expense.

Release & Liability Waiver

4. In consideration for being permitted to participate in a birding tour with Birding Texas and Beyond, LLC (“Birding Texas and Beyond”, “Birding Texas & Beyond”), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Birding Texas and Beyond, its owners, officers, agents, representatives, employees, contractors, and affiliated companies (collectively, “RELEASEES”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that I may sustain, or any loss or damage to my property, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, and regardless of whether such liability arises in tort, contract, strict liability, or any other theory, to the fullest extent permitted by law.

5. I further agree to HOLD HARMLESS AND INDEMNIFY the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees, that the RELEASEES may incur as a result of my participation in the tour, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

6. It is my expressed intent that this Release and Liability Waiver shall bind my family members and spouse (if I am alive), and my heirs, assigns and personal representative (if I am deceased), and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the RELEASEES. I agree that this Release and Liability Waiver shall be governed in accordance with the laws of the State of Texas. Any mediation, suit, or other proceeding arising out of or relating to this

agreement must be filed exclusively in the state or federal courts located in Texas. If any portion of this document is found to be unlawful or unenforceable, that portion shall be severed and the remainder shall remain in full force and effect.

BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Assumption of Risks and Liability Waiver Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I understand that this waiver may limit my legal rights; I am at least eighteen (18) years of age and fully competent (OR my parent/legal guardian) has signed below; and I (OR parent/legal guardian) execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.

PARENT/GUARDIAN CONSENT (For participants under 18)

I am the parent/legal guardian of the above-mentioned minor. I have read and understand this waiver and consent to my child's participation in the tours or services provided by Birding Texas and Beyond.

Terms and Conditions

Our Terms and Conditions include important information on payments, refunds, cancellations, and the way we operate our tours. By checking the boxes below, you are acknowledging that you have read, understand and agree to comply with these Terms and Conditions.