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Waiver

VIEWS: 14 PAGES: 3

  • pg 1
									                                            WAIVER for FALL CONVENTION 2011: COSTA RICA

WARNING, THIS LEGAL DOCUMENT IS A WAIVER OF LIABILITY, AFFECTS LEGAL RIGHTS, AND SERVES AS A FULL RELEASE
AND INDEMNITY.

The Advocates' Society ("TAS") is a not for profit organization. TAS and travel management supplier, Dufferin Travel Inc.,
conducting business as TTI Travel (“TTI”) provide notice that travel to, travel, services and activities within and travel
from foreign jurisdictions, including Costa Rica, always have inherent risks and injury or loss may arise. This will
acknowledge and serve as my understanding and agreement that:

1. I assume all risk.

2. TAS and TTI shall not be responsible for and are hereby released and discharged from any and all liabilities arising by
reason of any acts or omissions of any company or individual, including our contractors, sub-contractors, agents and
suppliers, be it for air carriage or in respect of ground or local transportation, accommodation, meals or entertainment
or any other services howsoever arising.

3. The chartered air carrier is WestJet. TAS and TTI shall not be responsible for, and are hereby released and discharged
from any and all liabilities arising by reason of any acts or omissions of WestJet. The WestJet Charter Agreement can be
inspected upon request to TTI. The Charter Agreement provides, inter alia:

                                                      EXCUSABLE DELAY AND WEATHER

        5.1. Excusable Delay. WestJet shall not be responsible to the Charterer for any excusable delay or failure (“Excusable Delay”)
        in the performance of its obligations under this Agreement. An Excusable Delay shall be deemed to have occurred if WestJet’s
        delay or failure in the performance of its obligations hereunder is due to causes beyond its reasonable control and not occasioned
        by its fault or negligence, including but not limited to:

        5.1.1. earthquake, flood, hurricane, explosion, fire, storm, epidemic, other acts of God or public enemies, war, terrorism, national
        emergency, invasion, insurrection, riots, strikes, picketing, boycott, lockouts or other civil disturbances;
        5.1.2. the interruption of flying facilities or navigational aids that are not specific to an Aircraft;
        5.1.3. any laws, rules, proclamations, regulations, orders, declarations, interruptions or requirements of or interference by any
        government or governmental agency or official thereof,
        5.1.4. the inability to procure materials, accessories, equipment or parts from suppliers;
        5.1.5. the mechanical breakdown, damage, destruction, or loss of use of an Aircraft or any part thereof;
        5.1.6. the confiscation, nationalization, seizure, detention, theft or hijacking of an Aircraft;
        5.1.7. the refusal of the CTA, any applicable Aviation Authority or other government or public body on whatsoever ground to
        grant WestJet any required permit, license, certificate, authorization, clearance or permission; or
        5.1.8. any other cause or circumstance, whether similar or dissimilar, seen or unforeseen, which WestJet is unable to overcome by
        the exercise of reasonable diligence and at a reasonable cost.

        If WestJet is prevented from performing by any such cause, it shall promptly notify the Charterer and shall resume performance
        hereunder as soon as such cause is removed, provided always that WestJet will use reasonable efforts to fulfill its obligations.
        Regardless of the other provisions of this Agreement, in the event that such Excusable Delay cannot be removed in time to resume
        performance of this Agreement as scheduled or continues for beyond fourteen (14) days, either Party will be entitled, at its sole
        discretion and without any costs or cancellations fees: (i) to cancel the affected Rotation(s) contemplated by this Agreement on the
        understanding that the Parties will be monitoring the situation with a view to resume performance as soon as the Excusable Delay
        is removed; or (ii) immediately terminate this Agreement by written notice. The cancellation of the affected Rotation(s) or the
        termination of this Agreement by reason of an Excusable Delay is to occur without any further obligation to WestJet or the
        Charterer with respect to the affected Rotation(s) or this Agreement as the case may be, with reimbursement to the Charterer of
        any fees paid to WestJet for the cancelled Rotation(s).

        5.2. Weather Delays. WestJet shall immediately notify the Charterer by telephone of any flight delays due to adverse weather
        conditions. If the enroute and destination weather conditions are doubtful and WestJet elects to cancel a flight and the Charterer
        wishes to attempt to operate said flight, the Charterer will be invoiced for all additional miles flown that were not already paid for
        by the Charterer, whether the Aircraft completes such flight or not. If inclement weather prevails at the destination while WestJet
        is enroute to that destination, WestJet shall radio the Charterer and accept alternate interim destination instructions from the
        Charterer. If radio contact is impossible WestJet shall be entitled to select the alternate destination.
       Notwithstanding the above, WestJet shall at any and all times be responsible for the safety to the Aircraft, its crew, passengers and
       contents and shall retain the final authority in determining whether to dispatch a flight under inclement weather conditions.

                                                                   INSURANCE

       6.1. Insurance. WestJet shall ensure that there is obtained and maintained with respect to the Aircraft aviation liability insurance
       of the type usual and customary by commercial airline standards for airline carriers operating similar aircraft. Specifically,
       WestJet shall obtain and maintain at its own cost and expense in full force and effect during the term of this Agreement a policy or
       policies of insurance covering third party liability, bodily injury and property damage, passenger legal liability and cargo legal
       liability for a combined single limit of not less than Five Hundred Million Canadian Dollars (Cdn $500,000,000.00) for any one
       occurrence, including to the extent customarily available war and allied perils coverage for those perils excluded by war, hijacking
       and other perils exclusion Clause AVN48B or any modification or substitution thereof for the time being in force.

       6.2. Insurances Policies. The policies evidencing this insurance shall:

       6.2.1. include the Charterer and its officers, directors, employees and agents as additional insureds for their respective rights and
       interests due to liability arising out of WestJet’s operations;

       6.2.2. provide that the insurance shall be primary and without right of contribution from other insurance which may be available to
       the Charterer or its officers, directors, employees and agents;

       6.2.3. provide that the Charterer has no operational interest in the Aircraft;

       6.2.4. provide that the insurance may only be cancelled or materially altered in a manner adverse to the interests of the Charterer
       by the giving of not less than thirty (30) days’ notice in writing to the Charterer except that in the case of War Risks insurance for
       which seven (7) days’ notice (or such lesser period as may be customarily available in respect of war risks or allied perils
       insurance) will be given or in the case of war between any of the five (5) great powers or nuclear peril for which termination is
       automatic. Such notice will not be given upon the normal expiry date of the policy or any endorsement;

       and if requested, WestJet shall furnish to the Charterer in satisfactory form certificates of insurance evidencing the inclusion of the
       foregoing requirements.

                                                                   INDEMNITY

       7.1. The Charterer hereby assumes the risk of and agrees to indemnify, reimburse and hold harmless WestJet, its partners,
       WestJet Airlines Ltd., their respective affiliates, current and former directors, officers, employees, agents, successors and assigns
       (each of the same being the “WestJet Indemnitee”) from and against any and all actions, causes of action, claims, judgments,
       liabilities, damages, losses, costs and expenses, including reasonable legal fees and expenses, of every nature and kind whatsoever
       (collectively, the “Claims”) and howsoever sustained or suffered by the WestJet Indemnitee or for which the WestJet Indemnitee
       may be or become liable with respect to or in any manner related to:

       7.1.1. any transaction, approval or document contemplated by this Agreement or given or entered into in connection herewith,
       including between either Party and its customers;

       7.1.2. the breach of, or any misrepresentation by the Charterer of, any of its covenants, representations or warranties set forth in
       this Agreement;

       7.2. The Charterer acknowledges and agrees that each passenger desiring transportation across any international boundary is
       responsible for obtaining all necessary travel documents and for complying with the laws of each country from, through or to
       which such passenger desires transportation, and the Charterer shall indemnify the WestJet Indemnitee for any loss, damage or
       expense suffered or incurred by it by reason of such passenger’s failure to do so. WestJet shall not be liable for any aid or
       information given by any of its agents or employees to any passenger in connection with obtaining such documents or complying
       with such laws, whether given orally or in writing or otherwise, or for the consequences to any passenger resulting from his or her
       failure to obtain such documents or to comply with such laws.

       7.3. The Charterer acknowledges and agrees that in the event that a passenger is required to return to his or her point of origin or
       elsewhere due to such passenger’s inadmissibility into or deportation from a country, whether of transit or of destination, the
       Charterer shall be solely responsible for the costs of such return.

5. I agree that any inquiry about WestJet's legal responsibilities to carry per seat liability insurance coverage or
WestJet's insurance limits or any air carrier limitation of liability pursuant to legislation or international convention,
including in respect of baggage claims, should be made to WestJet.
6. I agree and acknowledge that foreign air transportation to be provided by WestJet is subject to the individual terms
and conditions specified in WestJet’s International Tariff, which is hereby incorporated by reference; and which can be
read in its entirety at: http://www.westjet.com/pdf/internationalCharterTariff.pdf

7. I agree and acknowledge that as I am embarking upon a journey involving an ultimate destination or a stop in a
country other than the country of departure that the provisions of the International Treaties known as the Warsaw
Convention, and its amendments, and the Montreal Convention, and its amendments, may be applicable to my entire
journey including the portion entirely within the countries of departure and destination. These Conventions govern and
in most case limits the liability of carriers to passengers for death or personal injury. Additional protection can usually be
obtained by purchasing insurance from a private company, such insurance is not affected by any limitation of the
carrier’s liability under the Warsaw Convention or the Montreal Convention. In Canada, the convention is incorporated
into domestic law by the Carriage by Air Act.

8. In consideration of participation in the trip and for other good and valuable consideration, I directly and on behalf of
my personal representatives, heirs, successors and assigns hereby release, waive, discharge, covenant not to sue and
agree to indemnify and hold harmless TAS and TTI, their affiliates, trustees, directors, officers, servants, agents,
independent contractors, and employees (collectively referred to as "releasees") of and from any liability, claims,
demands, actions and causes of action howsoever arising and including, without limiting the generality of the foregoing,
 breach of contract, implied conditions, express or implied warranties; tort; negligence; gross negligence; negligent
misrepresentation; nervous shock; mental distress; consumer action; statute; waiver of tort; claims for direct, indirect,
incidental or consequential claims; claims in pure economic loss; or any other claim relating to any loss, damage or
injury, including death that may be sustained by me or to any property belonging to me arising from anything to do with
any and all activities, services, travel documentation, preparation for and travel to, within or from Costa Rica as
intended destination.

9. My intent is that this Waiver and Release shall bind all insurers, members of my family and spouse, and my heirs,
successors, assigns and personal representatives and that no claim can or should or will be advanced by any person who
may in law or by statute otherwise have had any potential derivative claim and I hereby indemnify and hold harmless
releasees from and against any and all such claims howsoever arising.

10. TAS and TTI will not share personally identifiable information about me with third parties. TAS and TTI may send
personally identifiable information about me (including email address) to other companies or people when: 1) I have
given my consent to share the information, 2) they need to share this information to provide me the service and product
I have requested. By signing below, I am giving TAS and TTI travel permission to retain my personal information on file.


Signature                        Name (please print)                                        Date

								
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