CONTRACT FOR SERVICES BETWEEN
THE EVEREST EXPERIENCE, INCORPORATED & P.J. GILBERTSON
1) P.J. Gilbertson (hereinafter “Gilbertson”) hereby agrees and affirms to provide Everest Experience, Incorporated (hereinafter “Everest”) with consideration in the sum of $60,000.00 (currency U.S.) in return for which Everest will provide guide services relating to an attempt by Gilbertson to summit Mount Everest, Nepal.
2) Everest makes no guarantee to Gilbertson that a summit attempt will be possible or actually occur based upon, but not limited to, weather related events or health concerns involving either Gilbertson, an agent or employee of Everest, or a participant other than Gilbertson participating in the Everest trip. In the event that Gilbertson is unable to obtain the summit of Mount Everest, as a result of a decision made on his own behalf or as a result of a decision made for him by any agent or employee of Everest, Gilbertson shall not be entitled to any refund, credit, or compensation of any kind.
3) Everest agrees to provide Gilbertson with all necessary provisions, supplies and lodgings from April 1, 2000 until May 19, 2000 to facilitate the summit attempt.
4) Everest agrees to provide Gilbertson with guide and sherpa services from April 1, 2000 until May 19, 2000 to facilitate the summit attempt.
5) Gilbertson agrees to assist in the day-to-day operations and logistical procedures necessary to facilitate a summit attempt, including, but not limited to, assisting with clean-up procedures and meal preparation. Additionally, Gilbertson may occasionally be required to assist other team members and Everest employees, agents, or personnel in need of help and assist with whatever else may be required to facilitate the summit attempt for the benefit of the entire expedition.
6) Gilbertson acknowledges and agrees that Gilbertson’s participation in the above referenced summit attempt sponsored by Everest is voluntary and that Gilbertson acknowledges all risks, known and unknown, accepts all risks, known and unknown, and assumes responsibility for all property damage, bodily and personal injury, illness, and death to Gilbertson and/or members of Gilbertson’s family.
7) Further, Gilbertson represents : (A) Gilbertson has completely and fully read this document, agrees to its terms, has been given ample opportunity to seek legal counsel to review and advise Gilbertson as to the legal effect of this Contract and has been provided additional opportunities to ask questions and make inquiries of Everest regarding the terms of this Contract and the substance thereof; (B) Gilbertson is a voluntary participant in the aforementioned activity with full knowledge of the risks involved; (C) Gilbertson has been advised of the benefits of a thorough and complete physical and inoculation regimen and warrants and represents that Gilbertson can fulfill any physical requirements associated with the aforementioned activities; (D) Gilbertson acknowledges and understands that the presence and guidance of Everest employees, guides, sherpas or affiliated personnel is no assurance of Gilbertson’s safety nor does it lessen in any manner risks assumed by Gilbertson; (E) Gilbertson warrants and represents that adequate medical/ disability/ life insurance or other monies have been obtained to cover losses sustained by Gilbertson or others.
8. Gilbertson agrees to the Conditions of Booking as follows: (A) Gilbertson must arrange travel to and from the starting point of the tour; (B) Gilbertson must carry valid travel documents appropriate for travel to Nepal; (C) the cost of the guide services includes only those items described in the itinerary and other costs incurred are extra; (D) Everest is not responsible for problems that Gilbertson may have with travel delays or restrictions, medical problems or customs regulations, natural disasters, or actions of carriers, including, but not limited to, airline accidents or loss of luggage; (E) for Gilbertson’s protection, the guide leader, Holman, reserves the rights to prevent anyone from climbing who is unwilling or unable to summit or attempt to summit, in which event, no refund shall be provided to anyone barred from climbing; (F) Gilbertson agrees to notify Everest in the event that Gilbertson does not wish a picture of Gilbertson to be used in Everest promotional materials, otherwise, Everest reserves the right to use the same.
9. It is agreed that this Contract and its provisions shall be governed by the law of the State of Midlands, a state of the United States.
10. This Contract shall not be canceled, modified, or changed in any manner except by the written agreement of both Everest and Gilbertson. The invalidity of any portion of this Contract shall not affect the validity of the remaining Contract Terms.
THE UNDERSIGNED, P.J. GILBERTSON, HAS READ AND FULLY UNDERSTANDS THIS RELEASE WHICH MUST BE COMPLETELY SIGNED AS INDICATED AND RETURNED BEFORE A SPOT WILL BE RESERVED FOR P.J. GILBERTSON ON THE SPRING 2000 EVEREST EXPERIENCE GUIDED TRIP TO MOUNT EVEREST.
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P.J. GILBERTSON ABNER MORTON - EVEREST
EXPERIENCE - C.F.O.
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ROGE HOLMAN – EVEREST
EXPERIENCE – C.E.O.
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DATE