Please read the following addendum for Release of Liability carefully. BY PROCEEDING, YOU ACKNOWLEDGE YOU HAVE READ ALL OF THE SECTIONS, CLAUSES, AND PROVISIONS OF THIS ADDENDUM, AND YOU UNDERSTAND, AND AGREE TO EACH OF SUCH SECTIONS, CLAUSES, AND PROVISIONS OF THIS ADDENDUM TO THE WEGETHER TERMS OF USE.

Document Definitions

Wegether Experiences (henceforth referred to as Experiences) are service(s) that are listed on Wegether as experiences, activities, tours, or any other form of service fulfilled by a third-party provider. Wegether is a marketplace that allows third-party service providers to solicit their services. These third-party service providers will be henceforth referred to as Experience Host(s). Experience Hosts may be individuals or businesses that list their services on Wegether.

As an addendum to the Wegether Terms of Use, you confirm your agreement (and if applicable, with full legal authority and consent on behalf of your participating party and/or family members) for participation in Experiences booked through Wegether, to be bound by these addendum terms for Release of Liability.

Agreement to Release of Liability

1. Agreement to Follow Directions: I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions and/or directions given by representatives and/or agents of Wegether, or by recognized third-parties such as the Experience Host(s) and if applicable, including the host’s representatives or agents, or local authorities.


2. Assumption of Risk and Release: YOU FULLY UNDERSTAND EXPERIENCE(S) YOU SIGN UP FOR INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, ILLNESSES INCLUDING SICKNESS, PROPERTY DAMAGE, PERMANENT DISABILITY, PARALYSIS OR DEATH. These risks and dangers may be caused by your own actions and/or inactions, the actions and/or inactions of others participating in the Experience(s), the actions and/or inactions of others not participating in the Experience(s), the conditions in which the Experience(s) take place, and/or the negligence of the Experience Host(s) and/or others, and/or defects in the equipment, premises, and/or facilities used during the Experience(s), and/or otherwise. There may be additional risks for social and/or economic losses either not known to you or not readily foreseeable at this time and you fully accept and assume all such risks and all such responsibilities for losses, costs, and/or damages you incur as a result of your and if applicable, your participating party’s and/or family members’ participation in Experience(s). By your participation in any Experience(s), you certify that you are aware of these inherent risks and dangers non-exhaustively listed above.
   
   You certify that your and your party’s participation in these Experience(s) are entirely voluntary and require all participants to follow instructions and abide by the Experience Host(s) or Wegether’s applicable rules. With appreciation to the dangers and risks associated with the Experience(s) including preparations for and transportation to and from the activity or program. You and your party hereby fully and completely release and waive any and all claims for personal injury, death, or loss that may arise against Wegether, all related parties, or other organizations associated with any program or activity.


3. Indemnification: You agree to indemnify and defend Wegether against all claims, causes of action, damages, judgments, costs, and/or expenses, including attorney fees, arbitration costs, and/or litigation costs which may in any way arise from your or your party’s use of and/or presence upon the facilities of the Experience Host(s) and/or Wegether.


4. Fees: You agree to pay in full for any and all damages to the facilities of Experience Host(s) and/or Wegether caused by negligence, recklessness, willful action(s) or inaction(s), and/or failure to comply with any rule(s) or instruction(s) given by Experience Host(s) or Wegether by you, and if applicable, by your participating party and/or family members.


5. Applicable Law: Any legal or equitable claim that may arise from participation in the above shall be resolved under Massachusetts Law.


6. No Duress: You agree and acknowledge you are under no pressure or duress to be bound to this Release of Liability and that you have been given a reasonable opportunity to review this Release of Liability before accepting. You further agree and acknowledge that you are free to have your own legal counsel review this Release of Liability if you so desire. You further agree and acknowledge that Wegether has offered to refund any fees you have paid Wegether to participate in Experience(s) if you choose not to accept this Release of Liability.


7. Arm’s Length Agreement: You agree and acknowledge you are under no pressure or duress to be bound to this Release of Liability and that you have been given a reasonable opportunity to review this Release of Liability before accepting. You further agree and acknowledge that you are free to have your own legal counsel review this Release of Liability if you so desire. You further agree and acknowledge that Wegether has offered to refund any fees you have paid Wegether to participate in Experience(s) if you choose not to accept this Release of Liability.


8. Enforceability: The invalidity or unenforceability of any provision of this Release of Liability, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Release of Liability or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not a part of this Release of Liability.


9. Dispute Resolution: The Parties will attempt to resolve any dispute out of or relating to this Release of Liability through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, the Parties will resolve the dispute in accordance with the Arbitration Agreement in the Wegether Terms of Use this Release Liability is addendum to.


10. Emergency: IN CASE OF ANY EMERGENCY, PLEASE CONTACT THE RESPONSIBLE LOCAL AUTHORITIES IMMEDIATELY. You and your party are solely responsible for identifying, contacting, and cooperating with the responsible local authorities.
    
    If you are not in any emergency and/or imminent danger, but have matters requiring urgent attention, please contact your Experience Host(s) within the Wegether application to ensure any correspondence is documented. To receive Wegether customer support, all payments and/or correspondence between you and Experience Host(s) must be made within the Wegether application. Wegether will not participate in customer support matters and/or mediation related to payments and/or correspondence between you and Experience Host(s) outside of the Wegether application.


11. Underage Representation and Representation of Others: You acknowledge and represent you are 18 years of age or older. If you are bringing any minor(s) as part of your participating party, you understand and agree that you are solely responsible for the supervision of any minor(s) in your party throughout the duration of any Experience(s), and have read this Release of Liability and the Wegether Terms of Use completely and agree to all of its terms on the minor(s)’ behalf.
    
    If you are booking Experience(s) on behalf of others, you ensure, represent, and warrant that each participating person on whose behalf you represent has completely read and voluntarily agreed to this Release of Liability and the Wegether Terms of Use, which shall apply to each one of such person(s).
    
    If for any reason you are deemed unable, unsuitable, and/or ineligible to legally and contractually represent any such aforementioned person(s) and/or minor(s), you agree to assume full and sole responsibility, liability, and culpability arising from any and all claims, causes of action, damages, judgments, costs, and/or expenses, non-exhaustively including attorney fees, arbitration costs, and/or litigation costs which may in any way arise from any such person(s), minor(s), and/or the legitimate representation of any such person(s) and/or minor(s). You hereby release, indemnify, and defend Wegether against any and all responsibility, liability, and culpability from any person(s) you claim to represent but are not authorized to legally and contractually represent.
    
    You also understand and agree that if any person(s) and/or minor(s) in your party or in your representation is unable to pay in part or in full for any and all damages to the facilities of Experience Host(s) and/or Wegether caused by such person(s)’ and/or minor(s)’ negligence, recklessness, willful action(s) or inaction(s), and/or failure to comply with any rule(s) or instruction(s) given by Experience Host(s) or Wegether, you agree to accept full liability and responsibility to pay in remainder or in full for such damages from your party or representee(s).


12. Physical and Health Condition: You acknowledge, agree and represent that you and your party understand the nature of Experience(s), and that you are qualified, in good health, and in proper physical condition to participate in such Experience(s). You further agree and warrant that if at any time you believe conditions to be unsafe, you and your party will immediately discontinue further participation in any Experience(s).
    
    You understand and agree to not participate in any Experience(s) when you have a physical, medical, and/or mental limitation or disability, or when you or anyone in your party are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in Experience(s).


13. Potential Errors: Information, software, products, and services published on or otherwise provided via Wegether’s application and services may include inaccuracies or errors non-exhaustively including reservation availability and pricing errors. Wegether does not guarantee the accuracy of, and disclaims all liability for, any errors and/or other inaccuracies relating to the information displayed on Wegether’s application and services non-exhaustively including pricing, availability, photographs, accomodations, experience, transportation, or any other travel-related products and amenities, general service or product descriptions, and reviews or ratings. Additionally, Wegether expressly reserves the right to correct any availability and pricing errors on its services and/or on pending reservations made under an incorrect price. You agree to accept Wegether’s information and services as-is without any warranty or guarantee.


14. Refund Limitations: With the exception of the Wegether Refund Policy, you understand and agree that Wegether will make no refunds in the event of any delay, tardiness by you or by your party, cancellation, overbooking, strike, force majeure, or other causes. You further understand and agree that Wegether at its sole discretion, may issue you a partial or full courtesy refund on a case-by-case basis. In the event of any refund, the amount Wegether refunds shall not exceed the amount of the original charge.
    
    You understand and agree that Wegether has no liability or responsibility for any inaccuracies, additional expenses, omissions, delays, rerouting, or acts of any government or authority. Wegether disclaims any liability, warranty, guarantee, or responsibility of refund implied or otherwise outside of the Wegether Refund Policy.

You certify you have completely read, understand, and agree to all of the above terms. This Release of Liability reflects the allocation of risk between you and Wegether. You understand that terms specified in this Release of Liability are reasonable to protect the interests of Wegether.

THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.