Travel Policies
Release & Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Please read this agreement carefully as it is a legally binding contract. A parent/guardian must sign for minors (under 18 years of age), as well as completing a separate waiver on the parent/guardian’s own behalf.
In consideration of the Cultural Immersion Experience Trip to Spain and associated services provided by Austin Spanish Academy LLC (“Austin Spanish Academy”) I, an adult traveler, or parent or legal guardian of a traveler who is a minor (under 18 years of age; the “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf or, if applicable, on behalf of the Minor.
I am voluntarily participating in this trip, which may include but is not limited to one or more of the following activities: indoor and outdoor Spanish language and other culturally relevant classes / instruction, cultural and touristic location visits / excursions, local dining, and/or other activities designed to immerse the participant in the Spanish culture, history and cuisine (“Cultural Immersion Activities”).
- Independent Contractors. I acknowledge and accept that Austin Spanish Academy contracts with independent contractors (“Providers”) to provide transportation, lodging, meals, guide services, and other services. I further acknowledge and accept that Austin Spanish Academy acts only as an intermediary for its Providers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any Provider or any agent or affiliate of a Provider. I acknowledge and accept that each Provider’s services are subject to the Provider’s own terms and conditions, as well as the local laws and regulations of the country in which the service is provided or in which the Provider operates its business.
- Fitness to Participate. Being aware of my own health and physical condition, I do hereby certify that I have no existing condition that would limit my participation in the Trip Activities. I further certify that I believe I have sufficiently prepared for participation in the Trip Activities, and have not been advised to refrain from such activities by a qualified medical professional. I acknowledge that if I believe any part of the Trip Activities are unsafe, I will immediately discontinue my participation in the Trip Activities.
- Assumption of Risk.
- I fully understand that the Trip Activities involve risk which may be caused in whole or in part by my own actions or inactions; the actions or inactions of other participants; the actions or inactions of passersby or other individuals not participating in the Trip Activities, and/or the acts, inactions, or negligence of the Released Parties identified below. I also fully understand and acknowledge that there may be other risks arising from or associated with the Trip Activities either not known to me or not readily foreseeable at this time and I fully accept and assume all such risks and all responsibility for losses, costs, and damages that I may incur as a result of my participation in the Trip Activities.
- I acknowledge that the Trip Activities involve risks and dangers, including but not limited to the risk of: physical injury or disease; temporary or permanent disability; death; the hazards of traveling in remote, unsafe, or politically unstable areas or under unsafe conditions; contact with wild life and wild animals including insects; transportation failures; equipment failures or deficiencies; high altitude; stolen, lost or misplaced luggage or other personal property; or any actions, omissions, or other conditions outside of Austin Spanish Academy’s control. I understand that I may risk injury from violence from crime, war, terrorism, political unrest and other dangers, and may be exposed to food and water-borne diseases and to disease from other carriers or while traveling internationally. I understand that some diseases may not produce symptoms during the actual trip, but may occur after the trip. I understand also that medical facilities abroad may not be of the quality of medical facilities in the United States.
- I fully understand that international travel could be affected by pandemics or other types of local outbreaks (e.g. COVID-19, other infectious diseases) and that these have a potential for travel disruptions. I agree not to hold the Released Parties liable for any losses or injuries related to public health incidents, travel restrictions, or mandatory quarantines.
- I assume full and complete responsibility for checking and confirming all passport, visa, vaccination, and entry requirements for, and all safety or security conditions of each destination on this trip.
- I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of the Minor, I have discussed the travel risks with the Minor, and they wish to participate in the Trip Activities nevertheless.
- Release and Agreement Not to Sue. I, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns hereby forever release, discharge, and covenant not to sue Ana Wallace or her marital community, Austin Spanish Academy LLC, and their respective agents, officers, directors, employees, other participants, (collectively and individually referred to as “Released Parties”) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused directly or indirectly, in whole or in part, by the Released Parties’ conduct or Released Parties’ failure to act or in any way arising from or related to my participation in the Trip Activities.
- Indemnification. I further agree that if, despite this Agreement I or anyone on my behalf makes a claim against any of the Released Parties, I will indemnify and save and hold harmless each of the Released Parties from any loss, liability, damage, or cost which any may incur as a result of such claim. I shall indemnify, defend and save and hold harmless Released Parties from and against all fines, penalties, claims, losses, costs, damages, suits and expenses including, but not limited to, attorney’s fees, court costs and expert fees resulting from, caused or contributed by or in any way relating to or arising out of my participation in the Trip Activities.
- Limitation of Liability and Damages. I acknowledge and understand that the total liability of Austin Spanish Academy to me or my heirs and assigns arising out of participation in the Trip Activities shall be limited to the amount of Fees paid by me to Austin Spanish Academy for the Services giving rise to the liability. In no event shall Austin Spanish Academy be liable for lost profits or any consequential or indirect damages. I acknowledge that Austin Spanish Academy has relied upon the inclusion of these limitations in consideration of permitting me to participate in the Trip Activities. Furthermore, I acknowledge that there is a potential for disruption or cancellation of my Trip Activities due to Force Majeure events such as natural disasters (e.g. fire, storms, floods), governmental or societal actions (e.g. war, invasion, civil unrest, labor strikes), infrastructure failures (e.g. transportation, energy), or other unforeseen events, and that Austin Spanish Academy is not liable, beyond what is stated in this paragraph, for any losses that may arise from such Force Majeure events.
- Consent to Medical Attention. In the event of my injury, accident, or illness during the Trip Activities, I consent to receiving emergency medical care and treatment as deemed advisable in the best judgment of Austin Spanish Academy personnel and/or appropriate medical professionals. If necessary, I authorize Austin Spanish Academy personnel to consent to such medical care and treatment on my behalf. I understand that I am responsible for purchasing an appropriate travel health insurance policy as deemed necessary to provide coverage for medical costs incurred during my trip. I agree to assume liability for any and all medical costs incurred as a result of my participation in the trip, including but not limited to costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I also understand that I will be responsible for any insurance claims, as well as any and all medical costs that are deemed not to be covered by my health insurance policy. I agree to indemnify and hold harmless the Released Parties from all liability for such costs.
- Acknowledgement of rules and expectations.
- I agree to abide by all rules, posted warnings, instructions, and or directions given by Austin Spanish Academy or its Providers.
- I understand and acknowledge that Austin Spanish Academy reserves the right to decline to accept or retain any person as a tour participant should such person’s behavior, health or mental condition impede the operation of the trip.
- I understand and acknowledge that Austin Spanish Academy reserves the option to modify trip itineraries in its sole discretion due to weather, conditions, illness, injury, group dynamics, safety, or other unforeseen incidents.
- Photographs and Other Data. I grant permission to Austin Spanish Academy to use my photograph, anonymized data and/or any other record of my participation in the tour and Trip Activities for any purpose Austin Spanish Academy chooses. I understand that any and all data, photographs, motion pictures, recordings, and/or likenesses of me captured during the tour and Trip Activities by Austin Spanish Academy, its affiliated entities or contractors, and/or the media become the sole property of Austin Spanish Academy. I grant the right, permission and authority to Austin Spanish Academy to use any such data, photographs, motion pictures, recordings, and/or likenesses for any purpose in Austin Spanish Academy’s sole discretion, including but not limited to promoting, advertising, and marketing activities. I further understand that Austin Spanish Academy, as sole owner, has the full right to sell and/or profit from the commercial use of such data, photographs, motion pictures, recordings, and/or likenesses.
- Applicable Law; Dispute Resolution. I agree that this Agreement is governed by Texas law and is intended to be as broad and inclusive as Texas law permits. I further agree that if a legal dispute arises under this agreement, I and Austin Spanish Academy shall attempt to resolve the dispute through mutually-cooperative negotiation in good faith. If negotiation is unsuccessful, the matter may then be submitted to mediation. If mediation is unsuccessful or declined, the matter shall be fully and finally settled by arbitration with a recognized alternative dispute resolution group in Travis County, Texas, and the judgment upon award may be entered in any court having jurisdiction thereof. The attorneys’ fees and costs of dispute resolution shall be borne by the non-prevailing Party unless the Parties stipulate otherwise or in such proportions as the mediator or arbitrator shall decide. I understand that these dispute resolution methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive my right to file a lawsuit in any civil court against Released Parties for such dispute, except to enforce an arbitration award.
- Severability. If any portion of this agreement is interpreted by a competent court to be unlawful or unenforceable, then such part shall be removed and the remaining provisions of this agreement shall continue in full legal force and effect.