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Assumption of Risk Release Waiver

Hisar USA Inc. · d/b/a Hisar Tour

Assumption of Risk, Release and Indemnity Agreement

Hajj, Umrah, and Religious‑Cultural Heritage Programs

Please read this document in full before you sign it. It affects your legal rights.

Every traveller aged 18 or over signs personally. A parent or legal guardian signs on behalf of a traveller under 18. The person who made the booking cannot sign for other adults.

This Assumption of Risk, Release and Indemnity Agreement (“Agreement”) is entered into between Hisar USA Inc., d/b/a Hisar Tour, a New Jersey corporation with its principal place of business at 970 Clifton Avenue, Suite 202, Clifton, New Jersey 07013 (“Hisar Tour,” “we,” or “us”), and the undersigned traveller (“Traveller,” “I,” or “me”), in connection with the Traveller’s participation in the following program:

The program, departure dates, destinations and booking number that this Agreement applies to are the ones shown on your Hisar Tour booking confirmation, and are recorded with your signature.

Program name  
Departure date(s)  
Destination(s)  
Traveller name (print)  
Booking / confirmation no.  

1. Acknowledgment of Risks

I understand that travel to Saudi Arabia for Hajj or Umrah, and religious‑cultural heritage travel generally, involves inherent risks beyond Hisar Tour’s control, including but not limited to:

  • Mass‑gathering hazards, including crowding, crowd‑crush, and stampede risk during Tawaf, Sa’i, and the ritual stoning at the Jamarat;
  • Extreme heat, heat exhaustion, heatstroke, dehydration, and other weather‑related illness;
  • Communicable disease exposure inherent to large gatherings of pilgrims from around the world;
  • Injury arising from prolonged walking, physical exertion, and the physical demands of Hajj and Umrah rites, particularly for travellers with pre‑existing medical conditions;
  • Transportation risk during coach, train, or other ground transport between Makkah, Mina, Muzdalifah, and Arafat, and to and from airports;
  • Limitations on the availability, standard, and cost of medical care in Saudi Arabia as compared to the United States or Canada;
  • Legal risk arising from the Traveller’s obligation to comply with the laws, customs, and religious regulations of the Kingdom of Saudi Arabia, including Ihram requirements and visa conditions, which differ from U.S. or Canadian law and are outside Hisar Tour’s control;
  • The risk that a Hajj visa or Hajj quota place is not issued or allocated by the Saudi Ministry of Hajj and Umrah’s Nusuk platform notwithstanding full payment, as described further in Section 3 below;
  • Acts, errors, omissions, delays, cancellations, or failures of third‑party suppliers — including airlines, hotels, ground transportation operators, and the Nusuk platform — none of which are owned, controlled, or operated by Hisar Tour;
  • Political, security, and public‑health conditions in Saudi Arabia and any transit country, including changes in government advisories after booking;
  • Natural events, including extreme weather, and other circumstances beyond Hisar Tour’s control (force majeure).

This list is illustrative and not exhaustive. I understand that international religious pilgrimage travel, and mass‑gathering travel in particular, carries risks that cannot be entirely eliminated by Hisar Tour regardless of the precautions taken.

2. Assumption of Risk

I voluntarily assume full responsibility for all risks of personal injury, illness, death, property loss or damage, and financial loss associated with my participation in this program, whether foreseeable or unforeseeable, and whether arising before, during, or after travel, except to the extent caused by Hisar Tour’s gross negligence or wilful misconduct.

3. Nusuk Platform, Visa, and Quota Acknowledgment (Hajj Programs Only)

I understand that for Hajj programs booked through the Saudi Ministry of Hajj and Umrah’s Nusuk platform, Hisar Tour acts as a marketing and service partner and is not the merchant of record for my Hajj package. I acknowledge and agree that:

  • Hisar Tour does not guarantee, and cannot guarantee, the issuance of a Hajj visa, approval of my Nusuk profile, or allocation of a quota place, regardless of payment or deposit;
  • The decision to issue a visa or allocate a quota place rests solely with the Saudi Ministry of Hajj and Umrah and the Nusuk platform, and that decision is final;
  • Refunds of amounts paid through the Nusuk eWallet are governed by the Nusuk platform’s own refund policy and processing fee schedule, not by Hisar Tour’s cancellation policy, and Hisar Tour has no ability to expedite, guarantee, or alter a Nusuk refund.

4. Release of Liability and Waiver of Claims

To the fullest extent permitted by law, I release, waive, discharge, and covenant not to sue Hisar USA Inc., its officers, directors, employees, group leaders, imams, and affiliated entities (including the United American Muslim Association) from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, illness, or injury, including death, that may be sustained by me while participating in this program, whether caused by the ordinary negligence of Hisar Tour or otherwise, EXCEPT for liability arising from Hisar Tour’s gross negligence, wilful misconduct, or violation of applicable law. Nothing in this Agreement waives any right or protection that cannot be waived as a matter of law in the state whose law governs this Agreement.

5. Independent Contractors — No Liability for Third‑Party Suppliers

I acknowledge that airlines, hotels, ground transportation providers, the Saudi Ministry of Hajj and Umrah, the Nusuk platform, and other third‑party suppliers are independent contractors and are not agents or employees of Hisar Tour. Hisar Tour is not liable for their acts, omissions, delays, cancellations, or failure to perform.

6. Indemnification

I agree to indemnify and hold harmless Hisar Tour from any loss, liability, damage, or cost, including reasonable attorneys’ fees, that Hisar Tour may incur due to my breach of this Agreement or my violation of any law, regulation, or Saudi authority directive during the program.

7. Medical Fitness, Emergency Treatment, and Insurance

I represent that I am physically fit to participate in this program, or have disclosed to Hisar Tour in writing any condition that may require accommodation. I authorise Hisar Tour’s group leader to arrange emergency medical treatment on my behalf if I am unable to consent, at my own expense. I acknowledge that I have been advised, in writing and independently of this Agreement, to purchase travel medical and trip‑cancellation insurance, and that the decision whether to purchase such insurance, and from which provider, is mine alone.

8. Compliance with Group Rules and Local Law

I agree to follow the reasonable instructions of my assigned Hisar Tour group leader or imam and to comply with the laws and religious regulations of the Kingdom of Saudi Arabia, including Ihram requirements, throughout the program.

9. Minors

Travellers under the age of 18 may participate only with the signature of a parent or legal guardian, who agrees to all terms of this Agreement on the minor’s behalf. I understand that the Nusuk platform does not currently accept Hajj applicants under the age of twelve.

10. Photography and Media Consent

I consent to Hisar Tour’s use of photographs or video taken of me during the program for marketing purposes.

☐  I consent     ☐  I do not consent

If you do not wish photographs or video of you to be used, write to hisartour@uama.us before your departure date and we will record your objection. You may withdraw this consent at any time by writing to the same address.

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of New Jersey, without regard to conflict‑of‑law principles. Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in Passaic County, New Jersey.

12. Severability and Entire Agreement

If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force. This Agreement, together with Hisar Tour’s published Terms and Conditions and cancellation policy, constitutes the entire agreement between the parties regarding assumption of risk and release of liability.

13. Acknowledgment

I have read this Agreement in its entirety, understand its terms, have had the opportunity to consult an attorney of my choosing before signing, and sign it voluntarily and of my own free will, intending to be legally bound.

Signatures

This Agreement is signed electronically. Each traveller opens the personal upload link sent with their booking confirmation, reads this Agreement, types their full name, and confirms acceptance. A parent or legal guardian does the same on behalf of a traveller under 18 and states their relationship to the traveller.

We record the version of this Agreement, the name typed, the date and time, the network address, and the device used. Electronic signatures are legally binding under the U.S. E‑SIGN Act and applicable state law.

If you would rather sign on paper, print this page and return the signed copy to hisartour@uama.us or by post.

Traveller signature

Traveller printed name and date

If the Traveller is under 18, a parent or legal guardian must also sign:

Parent / legal guardian signature

Parent / legal guardian printed name, relationship to Traveller, and date

Emergency contact (not travelling with the group):

Name, relationship, and telephone number

Emergency contact

Please give us the name, relationship, and telephone number of one person who is not travelling with the group. You can provide this when you upload your passport and photograph, or by writing to hisartour@uama.us.

Version 2026‑09‑a · Effective 8 September 2026 · Hisar USA Inc. d/b/a Hisar Tour ·
Questions: +1 201‑201‑8992 · hisartour@uama.us
This version number is recorded with every signature. Do not edit the text of this Agreement without also changing the version number.