9. Your booking is accepted on the understanding that you realize and accept the potential risks and hazards that can be involved in trips of this kind, up to and including death. Therefore you must carefully read the following LIABILITY RELEASE AGREEMENT before signing below.
a) I understand and hereby acknowledge that there are inherent and other risks involved in trips and activities of this kind and I freely and voluntarily assume those risks.
b) I agree to hold harmless and indemnify White Himalaya Treks, and any of their guides, leaders, agents, employees, officers, directors, owners, associates, affiliated companies, manufacturers of equipment, and subcontractors, for any loss or damage, including any that results from any claim for personal injury, death, or property damage. I do hereby expressly agree to defend the above-named parties against any kind of liability, actions, causes of action, debts, suits, claims, and demands of any kind whatsoever, including attorney’s fees, which I or my heirs, assignees, successors, or legal representatives may now have or which may hereafter arise out of or in connection with my trip or participation in activities arranged for me by the above-named parties.
c) I hereby release and forever discharge, White Himalaya Treks, and any of their guides, leaders, agents, employees, officers, directors, owners, associates, affiliated companies, manufacturers of equipment, and subcontractors, from any and all liabilities for damage and injury or death to myself from any claim based upon negligence, recklessness, breach of warranty, contract or other legal theory, accepting for myself, my heirs, assignees, administrators, executors, and all members of my family, including minors accompanying me, full responsibility for any and all such damage, injury or death which may result.
d) The terms of this agreement shall also include, but not be limited to, a covenant not to sue or make a claim against any of the above-mentioned parties.
e) The terms of this agreement shall be binding upon me, my heirs, assignees, and executors and all members of my family, including minors accompanying me.
f) This agreement shall be construed in accordance with and governed by the laws of the Nepal Government, without reference to choice of law rules. Further, I hereby covenant and agree that this agreement may be enforced in and I do hereby submit to the exclusive jurisdiction and venue of any court having subject matter jurisdiction located in the Babarmahal, Kathmandu, in the event any litigation concerning this Agreement, regardless of where this agreement is executed.