Adventure Minded People Exploring Diversity Abroad, LLC (AMPED Abroad or AMPED)/ AMPED Abroad GT– Terms and Conditions
This Customer Services Agreement is a legally binding contract which sets forth all of the terms and conditions of Your agreement with AMPED Abroad, LLC, which includes its subsidiary, AMPED Abroad GT. As a part of Your application process, You are required to verify and affirm that You have read and thoroughly reviewed this contract and that You understand, entirely accept and agree to be bound by all of its terms. All services and arrangements provided by or through AMPED Abroad GT are subject to this contract and Your completion of a booking and/or corresponding payment of any fee to AMPED Abroad LLC/AMPED Abroad GT confirms your contractually binding agreement to all of the terms and conditions of this contract. If you have any questions regarding this contract, please email AMPED Abroad GT and we will be happy to assist you. However, this document, including any referenced exhibits hereto, is the sole source of any obligations and/or services to be provided by AMPED Abroad GT and therefore no oral or other communications or documents regarding the substance of this agreement are relevant or binding upon AMPED Abroad GT. You should retain legal counsel to assist you if you do not fully understand any provision included in this document.
1.1. This Customer Agreement includes certain key terms that are specifically defined in the definitions that follow. Other defined terms may be included in the body of the Agreement. Defined terms are indicated by a capitalized letter at the beginning of the term and shall have the meaning and intent respectively defined below:
1.2 The Company: Adventure Minded People Exploring Diversity Abroad, LLC (AMPED Abroad or AMPED, or AMPED Abroad GT (herein referred to at times as "Company" AMPED Abroad GT) has arranged the cultural exploration tour (cultural tour or tour) as described within this, Customer Agreement, website, social media page, or confirmation.
1.3 The Traveler: The traveler (referred to at times as "Customer," “Client,” "I," "you," or "your") who has reserved a spot as described within marketing and promotional materials – e.g. brochures, fliers, websites, social media pages, invoices, or confirmations, and who intends to participate in the cultural tour so reserved. By such participation, signing the attached booking form and payment as provided for in this Customer Agreement ("Customer Agreement" or "Agreement") the customer hereby agrees to be bound by and subject to the terms and conditions of this Agreement.
1.4 Booking Confirmation: Your booking/assignment is not accepted and no contract exists until the Company has received a properly completed and signed booking/application form (electronically or in handwritten form), along with the appropriate application fee, and has confirmed your booking/assignment/placement in writing. The Company at its discretion has the right to refuse any application, and may at any stage cancel an accepted booking without giving any reason.
2.0 PRICES & FEES
2.1 Non-refundable Surcharge: You agree to pay a non-refundable per person surcharge that might vary by destination, group size, and logistical complexities. If booking 30 days or less prior to departure, full payment of the surcharge and any monies due prior to arrival in-country are to be submitted immediately, at the time of booking.
2.2 Service Fees: You agree that quotes are based on the official rate of exchange and costs at the time of this brochure, flier, invoice, website, social media, or confirmation going to press. Therefore, you agree and understand that said quotes are subject to change due to any currency fluctuations, adjustments, changes in costs, surcharges for fuel, flights etc. made since that date.
2.3 Fees Subject to Change: If fee changes occur, you will be notified of the changes within two weeks prior to your arrival in-country or as soon as changes are communicated to the Company, whichever occurs sooner. The Company reserves the right to amend these fees at any time in accordance with such changes.
2.4 Transfer Fee: You agree to pay a transfer fee of USD$150.00 per person, to transfer from one tour or tour date to another, if you request that such changes be made after your assignment has been confirmed in writing. This fee is in addition to the surcharge covered in 2.1.
2.5 Bookings: You agree NOT to give, sell, assign or in any way transfer your booking to another person without providing written communication to AMPED Abroad GT.
2.6 No amendments: You agree that NO amendments are permitted to your booking within 10 days of departure.
3.0 Refund and Cancellation Policies
CANCELLATION BY THE CUSTOMER
Compared to similar companies that provide comparable services, AMPED Abroad GT’s fees are significantly less than the fees charged by other such companies and You are encouraged to compare AMPED Abroad GT’s fees to the fees charged by similar companies. As a consequence, AMPED Abroad GT operates on a much smaller profit margin and is therefore unable to provide and does not provide an open refund policy. It is solely Your decision to join our cultural tour and no customer should participate in Our program if he or she feels that he or she is paying more for the services that he or she will be receiving from Our Program. AMPED Abroad GT commits significant resources to arrange life-enriching cultural immersion experiences. In most host destinations, payments to trip leaders, field staff, host families, hostels, and other service providers are made well in advance to pay for their commitments and services. AMPED Abroad GT is unable to recover these advance payments so AMPED Abroad GT is required to adopt and enforce strict refund and cancellation policies.
3.1 Refund Restrictions. Your payment of the surcharge is strictly non-refundable under any and all circumstances, except in the event AMPED Abroad GT is not able to assign you a tour slot or to the host destination selected, and/or provide you with a suitable alternative as discovered prior to providing written confirmation of your placement. Indicating a second preference is an example of a suitable alternative.
3.2 Cancellation 61 or More Days from the project start date. If You notify AMPED Abroad GT in writing of a request to cancel a tour sixty-one (61) or more days calendar days in advance of the project start date, AMPED Abroad GT agrees to refund you seventy percent (70%) of the surcharge fee, excluding the any applicable bank charges and other third-party service fees that might apply.
3.3 Cancellation 21 to 60 Days from the project start date. If You notify AMPED Abroad GT in writing of a request to cancel a tour21 to 60 calendar days in advance of the project start date, AMPED Abroad GT agrees to refund to You fifty percent (50%) of the total Fee, excluding any applicable bank charges and other third-party service fees that might apply.
3.4 Cancellation 21 days or less from the project start. If You notify AMPED Abroad GT in writing of a request to cancel an assignment 21 calendar days or fewer in advance of the tour start date, no refund whatsoever will be made to you under any conditions or for any reasons.
CANCELLATION BY THE COMPANY
3.5 Cancellation: You agree that the Company can, and may cancel any cultural tour for any reason. However, the Company will not cancel a cultural tour if there are less than 15 days remaining prior to the start date, with the exception of a force majeure, unusual, or unpredictable circumstances.
3.6 Refund Options: If your destination is no longer available, you may choose a full refund of all monies paid or you may choose another destination. If your first tour preference is not available, you will be assigned your second tour preference. If your second tour preference is available and you choose to opt out of that tour, then you forfeit all rights to a refund.
3.6 Alternative Trip Refund: The client is entitled to a refund of the price difference if the alternative assignment chosen is of lower value than that originally booked. Similarly, if the alternative assignment chosen is of higher value than that originally booked, You agree to pay the difference in price.
3.7 Client’s Responsibility: You agree to take responsibility for any incidental expenses such as, but not limited to, visas, vaccinations, passports, non-refundable flights, or loss of enjoyment that might result as a result of the cancellation of booking by the Company because of a situation beyond the Company’s control.
3.8 Unused Services: Absolutely NO discounts or refund of monies, for missed or unused services. This includes voluntary or involuntary termination or departure from the cultural tour as a result of sickness, the death of a family member, etc.
4.0 Travel Documents
4.1 Important Documents: You agree to have a valid passport and/or visa for entry, departure and travel through each destination point along the itinerary of the cultural tour. Please note: Your passport must be valid 6 months past your return date. All visas, permits, certificates (including vaccination certificates) and insurance policies are also required for the entire journey.
4.2 Responsibility of Documents: All documents and permits obtained prior to departure are the client’s responsibility. The client is also responsible for any consequences resulting from missing or defective documentation.
4.3 Advice Regarding Documents: You agree that any information or advice regarding visas, vaccinations, passports, climate, clothing, baggage, special equipment, etc. given by the Company, is purely advisory and provided as a courtesy to the Client. The company is not responsible for any errors or omissions as to the information provided.
4.4 Document Fee: You agree to pay an additional fee if you choose to receive paper documents, the company has a right to impose a fee.
4.5 Current Itinerary: Itinerary originally provided by the Company, as well as changes to the website’s itinerary may be made without notification. You agree and understand that such changes may be beyond the Company’s control and are also more likely to occur given the nature of working with developing countries. You also understand that Company will endeavor to update its website/ social media page at least 48 hours prior to departure and that it is your responsibility to visit the website/social media page at least 48 hours prior to departure to attempt to ensure you have the most current itinerary.
4.6 Insurance Requirements: You agree that it is your responsibility to purchase travel insurance coverage commencing on or before your departure date and terminating on or after your return date. Further, you agree to purchase coverage that meets your specific needs and provide proof of such coverage prior to your departure. You understand that failure to provide proof of insurance coverage will result in cancellation of your tour for which the Company shall not be held financially liable for your failure to comply with stated insurance compliance standards.
4.7 FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE):
The Company (including its owners, officers, agents, employees, representatives, partners, contractors, and subcontractors) shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment, to person or property. Further, the Company (including its owners, officers, agents, employees, representatives, partners, contractors and subcontractors) shall not be liable for the Company's failure to commence, perform and/or complete any duty owed to the Client when such failure is beyond the reasonable control of the Company. Further, the Company (including its owners, officers, agents, employees, representatives, partners, contractors and subcontractors)shall not be liable in any way, whether or not the Company is a party thereto, in the event of death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment, to person or property caused by Act of God, war or warlike operations, terrorist activities or threat thereof, civil commotion, civil disorder, labor difficulties, interference by authorities, political disturbance, riot, insurrection, government action, fire, natural disaster, adverse weather events, and any and all other similar events that are beyond the reasonable control of the Company. Further, you agree that the Company (including its owners, officers, agents, representatives, employees, contractors, and subcontractors) shall not be liable for the actions of the local partners and/or local staff, or host families.
5.1 Problems with Accommodations: You agree that matters arising regarding hotel/hostel accommodations, camping arrangements, sight-seeing tours, and transportation are in no way the Company’s responsibility.
5.2 Arranged Accommodations: You agree that the Company will arrange SHARED accommodations in a simple host family stay, tourist hotel, hostel, camp, or any other forms of accommodations depending upon location. You agree that you will most likely be required to share the accommodations with other persons. You agree not to expect luxury accommodations.
5.3 Meal Arrangements: The Company will arrange for meals to be provided, as set forth in the itinerary, where such agreements exist. Any and all other food and/or meals are the responsibility of the Customer.
6.0 FLEXIBILITY of Itinerary
6.1 Flexibility: Travel and tourism in developing countries are inherently unstable and subject to change as the circumstances change. There are times when AMPED Abroad GT may change the travel itinerary as field situations change. Therefore, you should expect some changes and be flexible in the event circumstances do change.
You understand the limitation of this type of travel, and You agree to be flexible and open to alternatives if problems arise.
6.2 Generic Itinerary: You agree that the itinerary given for each cultural tour suggests the kinds of activities that will be taking place. However, it’s just a generic representation and the Company is under no obligation to follow it exactly.
6.3 Unpredictable Occurrences: You agree that route, schedules, itineraries, amenities and mode of transport may change at any time due to regional circumstances or events, including, but not limited to, sickness, mechanical breakdown, flight cancellations, strikes, civil disorder, civil commotion, war or warlike operations, terrorist activities or threat thereof, riot, insurrection, and events caused by political disputes, climate, or entry/border difficulties.
6.4 Advertised Schedules Subject to Change: You agree that on some occasions the company cannot follow its advertised itineraries or schedules due to travel and stoppages.
6.5 Unintentional Alternatives: You agree that if necessary, the Company or You may have to use alternative forms of transport than those advertised. The advertised itineraries, schedules, and vehicle usage are simply illustrative and do not represent any guarantee that such itineraries, schedules, and/or vehicle usage will be available.
6.6 Necessary Cancellations: If necessary to do so, without being liable, the company may alter and/or cancel any assignment, hostel/host family, or camping accommodations.
6.7 Repayment: The Company will repay any monies received if an assignment is canceled by the Company prior to departure pursuant to section 3.5, 3.6, 3.7, and 3.8.
6.8 Liability: The Company is not liable for any trip delays, deviations, or omissions from any tour/route as well as, any direct or indirect consequences.
6.9 Airfare Charges: Any penalty charges associated with connecting airfares, due to trip cancellation or schedule changes, is the responsibility of the Customer, and the Company shall not be liable for any such charges.
6.10 Extra Expenses: You agree that due to safety concerns, or should unexpected expenses arise, necessary for the continuation or termination of any trip, it is possible to incur extra expenses. You agree that the company may do so at the sole discretion of the Company, and in the event, such expenses are incurred the Company may recover the same from clients.
6.11 Itinerary Varies: The Company is allowed to use alternative forms of transport and/or make variations to the itinerary due to breakdown, accidents, sickness, unexpected events, local holidays, elections, and other circumstances beyond the Company’s control.
6.12 Informational Handouts: You agree to accept the authority and decisions of the Company’s employees and agents during the cultural tour. Any informational handouts given by tour leaders are given as a courtesy to the Customers, and the Company makes no representations as to the validity, accuracy, or quality of said handouts and you agree that the Company is not responsible for the contents of said handouts, and you agree the Company is not responsible for any losses that may arise from reliance upon said handouts.
7.1 Insurance: While proof of insurance is required, AMPED Abroad GT DOES NOT offer travel insurance to Clients. Travel insurance can be purchased through Travel Protectors or any provider that you choose. You agree to read and understand the policy provisions and coverage of the insurance. The terms and conditions as set forth in said insurance policy shall govern in the event of a conflict between what is set forth herein and said policy.
7.2 Rescue Operations: You agree to review the policy of insurance in order to determine what is covered by such insurance and what is excluded from coverage.
7.3 Insurance Arrangements: Customer accepts sole responsibility for ensuring that any travel insurance purchased meets their personal needs and should arrange supplementary insurance if needed.
7.4 Customer’s Responsibility: All Customers are required to adequately insure themselves against personal accident, repatriation, personal liability, illness, injury or death for the duration of their assign. It is also necessary to fully insure against loss or damage to your property.
7.5 Liability: The Company (including its owners, officers, agents, employees, contractors, and subcontractors), shall not in any circumstances whatsoever, be liable with respect to any personal injury, illness or death, damage or loss of property.
7.6 Insurance Documentation: It is the Customer’s responsibility to obtain documentary evidence of personal travel insurance prior to departure and to provide evidence of such prior to departure or the customer’s assignment will be canceled and AMPED Abroad GT (including its owners, officers, agents, employees, representatives, contractors and subcontractors, and local partners) shall not be held liable or required to fulfill any service obligations to the Customer for any cancellation resulting from Customer’s failure to comply with obtaining the required travel insurance or presenting documentary evidence of such as failure to do so constitutes a breach of this agreement.
7.7 AMPED Abroad GT’s Insurance Policy: You understand and agree that you are responsible for obtaining travel insurance and for understanding the procedures for disbursement of funds in the event of an insurance claim – i.e. out of pocket expenses, claim filings, etc. as per your insurance carrier.
8.0 REMOVAL OF CUSTOMER FROM TOUR:
8.1 Authority of Representative: The Company, the Company’s local partner, or representative has the authority to make decisions final on all matters likely to endanger the safety and well-being of the tour. By booking with AMPED Abroad GT You agree to abide by the authority of the Company, Company’s tour leader, Company’s local partner, or representative.
8.2 Laws and Regulations Abroad: You agree to comply with the laws, customs, foreign exchange, and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might interfere with the enjoyment of others on the tour, the Client must advise AMPED Abroad GT at the time of booking.
8.3 Failure to Comply: Should the Client fail to comply with the above, commit any illegal act at anytime during the period of their assignment or tour, or if the Client’s behavior is causing or is likely to cause danger (in the opinion of the Company, Company’s local partner, tour leader, or representative), distress or annoyance to others, we reserve the right to terminate that Client’s assignment. This goes without any liability on the Company’s part, and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the assignment as such actions will constitute a breach of the agreement.
8.4 Customer’s Medical Condition: Customers are responsible for informing the Company at the time of booking of any known illnesses, disabilities or medical conditions. If medical conditions are not known at the time of booking, upon discovery of such condition the Customer must immediately inform the Company at the earliest opportunity prior to the departure.
8.5 Uniformed Medical Condition Policy: Any Customer who is found to have failed to declare or misstated their medical conditions may be ordered to leave the tour with no refund of any monies whatsoever and further the Company (including their owners, officers, agents, employees, contractors and subcontractors, local partners) shall not be liable for any losses of any nature associated with said removal of the customer as set forth herein in this agreement.
8.6 Removal Due to Endangerment: The Company reserves the right to remove a Customer from an Assignment if in the sole opinion of the Company, the Company’s local partner, tour leader or representative that the health or conduct of the Customer (immediately before or at any time after departure), appears likely to endanger the Customer or others.
8.7 Customer’s Health: At its discretion, the Company may make such arrangements as it sees appropriate and in the best interest of the Customer, and recover the cost thereof from the Customer, in the case of ill health.
8.8 Breach of Contract: Prior to and/or at the beginning of the tour, the Customer must give the Trip leader their local payment and/or flight cost as shown in any collateral, and updated written material, if applicable, upon request or by the established deadline. Failure to do so will be deemed a breach of contract on the Customer’s part. Whereby, the Customer will not be carried on the Trip or the Customer’s trip will be terminated by the Company and the Company shall have no responsibility to or for the Customer, and no refund will be given.
8.9 Trip Instructions: Instructions issued to the Customer(s) via this agreement, the company’s website, assignment information, social media, orientation, host family house rules must be followed. It is the Customer’s responsibility to comply with said assignment instructions and the Customer shall be responsible for any extra expenses or inconvenience, caused through non-compliance with those instructions.
8.10 Immediate Termination of Agreement by AMPED Abroad GT: AMPED Abroad GT reserves the right to immediately terminate this Agreement without liability by giving You written notice of termination via email or through hand-delivered notice by its local partner, representative, or tour leader. This action will be taken if you are found to have been involved in any threatening and/or unacceptable behavior, any illegal activities or convicted of any criminal activities, before or during the tour.
8.11 Termination due to Customer’s Actions or In-actions: The Company shall have no responsibility towards the Customer and no refund shall be due, if a Customer is removed or his/her participation terminated.
8.12 Medical Forms: All Clients who are 60 years of age and over, or those younger with pre-existing medical conditions, are required to provide a completed medical form, which must be signed and dated by a physician and clear the client to travel abroad.
9 Complaints against management
9.1 Complaints: Any complaints by the client, towards the company, local partners, field staff, or tour leaders, must first be directed to the Company or Company representative. AMPED Abroad GT runs a responsible program, where the Company, representatives, local partners, field staff, and tour leaders stand at the ready to assist you with any problem and help to find a satisfactory resolution.
9.2 Complaint Agreement: You agree to voice any complaints, issues, problems, or concerns with the Company. You further agree that if you pursue a claim of refund it will not be reviewed or deemed valid if you failed to voice your problems to the tour leaders. You agree to adhere to protocol and first attempt to resolve any such complaints, issues, problems, or concerns first with your tour leaders or field staff.
9.3 Regarding Refunds: You further agree that AMPED Abroad GT shall not be liable for any refunds whatsoever in the event you fail to comply with Sections 9.1 and 9.2 herein regarding a resolution of complaints, issues, problems, and concerns.
9.4 Failure to Voice Complaints: If the client is dissatisfied and does not follow the complaint resolution process as set forth in sections 9.1 and 9.2 while the client is on tour, such failure shall result in AMPED Abroad GT, its local partners, representatives, and tour leaders being released from any and all liability to refund any monies whatsoever. If a satisfactory resolution is not attempted or reached by utilization of said complaint resolution process within 48 hours, then any further complaint must be put in writing to the Company immediately, within 24 hours after expiration of the 48-hour deadline.
9.5 Submit Written Complaints: All complaints that are submitted to AMPED Abroad GT must be submitted in writing and signed by You, which shall be deemed to constitute a representation by You that all statements contained in the complaint are true and correct. Complaints submitted via email must be followed-up with a written and signed copy of the complaint. AMPED Abroad GT does not accept complaints submitted by email. When submitting complaints, You agree that you understand your responsibilities, the limitations of AMPED Abroad GT’s program and what it is that AMPED Abroad GT has agreed to provide as set forth in these terms and conditions. You agree not to submit complaints regarding matters that are not the responsibility of AMPED Abroad GT or that you have not already been made aware of pursuant to this agreement, AMPED Abroad GT’s website, social media page(s), assignment information, email communications, other written forms of communication, phone conversations, etc.
9.6 Local Trip leader’s reply: After we receive your written signed complaint, AMPED Abroad GT will forward it to the relevant party for response. AMPED Abroad GT also collects information to verify your complaints from tour leaders, fellow clients, and relevant witnesses.
9.7 Verification and Decision: Upon collection of all information about your complaint, AMPED Abroad GT will objectively review your complaint and make a decision. While conducting a review, we carefully analyze the facts, our promised services, and whether You violated the terms and conditions.
9.8 Refund: If AMPED Abroad GT concludes that we failed to offer the promised services, we will give partial refund of the surcharge, not to exceed seventy percent (70%) However, no refund will be made if we find your complaint(s) is not true, biased, fabricated, or if we find you consistently ignored leaders’ warning(s), violated terms and conditions, or ignored the limitations of our program (outlined in many subsections of our terms and conditions)
9.9 Time Period: The completion of the complaint verification, analysis, decision, and refund (if necessary) process generally takes 2-3 months.
9.10. No complaints will be considered valid if AMPED Abroad GT does not receive said email/written complaint in accordance with section 9.4 and 9.5.
9.11 Prices Connected with Trip: For any cause or causes of matters arising in connection with the tour, for a total sum in excess of AMPED Abroad GT’s surcharge for organizing the Customer’s tour, the Company will not be liable. In no event, shall AMPED Abroad GT be liable for such costs or expenses.
9.12 Company Not Liable: For any damages incurred, loss of enjoyment, disappointment, inconvenience or discomfort, the customer agrees that the company is not liable.
9.13 Compensation: Compensation for personal injury in the course of road travel, air travel, rail travel, sea travel, or hotel accommodation is limited to the provisions of any applicable International Conventions. Respectively, the Geneva Convention 1973, the Warsaw Convention as amended by The Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention, and the 1962 Paris Convention.
10. RESPONSIBILITY FOR TOURS
10.1 Tour Arrangements: All services at this time are organized by AMPED Abroad GT. All tour arrangements made on behalf of customers are made by organizers. With this being said, the organizers will not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may occur due to the acts of any local in-country tour company and/or persons engaged in actually carrying out the functions of the arrangements.
10.2 Factors Resulting Outside of Company’s Control: AMPED Abroad GT is not responsible for any injury, damage, loss, delay or irregularity that may occur. This includes any defect in a vehicle or any other form of transport, acts of God, detention, delays or expenses incurred from being quarantined, strikes, riots, theft, force majeure, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, or motor vehicle, or any problems with hotel or guest house, pension, or other form of accommodation.
10.3 Quality of Accommodations: The Company has no control over the quality of products, including accommodations. Client understands that in any event the quality of such products may be compromised by local conditions. As a result, the client agrees to release the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. All information is correct to the best of the Company’s knowledge, and the Company accepts no responsibility for any innocent inaccuracies contained herein.
10.4 Itinerary Alterations: Without penalty, the Company is allowed to alter any itineraries in progress or services at any time. Any additional expenses or cancellations shall be borne by the customer. The organizer is allowed to withdraw, or refuse any service to any customer, at the discretion of the organizer.
10.5 Limitations: There are limitations to tour operations. All adventure trips/excursions are made possible with the help of local tour companies. AMPED Abroad GT, its representatives, contractors, subcontractors, or its local partners do not have control over the local tour operators or the limitations of local tour operations.
11. Change in information and services
11.1 Information Changes: You agree that the information provided on our website, social media, collateral materials, or dossiers are general and basic, and may change at any time due to many reasons.
11.2 Expected Services: Client agrees, and does not require AMPED Abroad GT to meet any expectations regarding sight-seeing of particular animal types, reaching particular destinations, or doing particular activities during the assignment, as there is no guarantee due to weather conditions, local policies, etc.
12. Releases and Waiver of Liabilities.
12.1 Risk nature of travel: Client is aware of the risky nature of tours – e.g. zip line canopy tours – and understands the potential element of personal risk and hazards linked with such tours.
12.2 Risk and hazards: If the customer chooses to participate in adventure tours/excursions the Customer agrees to accept these potential risks and hazards without liability to AMPED Abroad GT, its representatives, contractors, subcontractors, or local partners.
12.3 Safety standard: Customer also agrees to accept that safety standards of hotels and other suppliers of accommodation, local transport, and other operators may not be of the same safety standards as those in the Customer’s home country and further releases AMPED Abroad GT and its local partners from any liability, dissatisfaction, inconveniences, etc.
12.4 Risk: Client understands that traveling to many areas of the world involves risks, i.e. political, legal, environmental, terrorism, criminal activity, war, safety, and cultural differences, as well as tougher physical conditions.
12.5 Safety: AMPED Abroad GT is greatly concerned with the safety of our Customers and has taken every precaution at its disposal to protect and secure customer safety. It is also important that Customers realize they are responsible for making themselves aware of the risks involved, and therefore need to make travel decisions accordingly.
12.6 Travel Advisory: You agree that travel advisories change daily. You agree to visit the state department web and keep yourself apprised of travel warnings prior to your departure. For information of the possible dangers at international destinations contact the: Travel Advisory Section of the US State Department at (202)647- 5225, or visit: http://travel.state.gov/travel. For medical information contact the Center for Disease Control at (877)394-8747, or visit: www.cdc.gov/travel
12.7 AIRLINE CLAUSE: This brochure/flier/invoice/website/ social media content, confirmation is issued by, and is the responsibility of the Company. It is not issued on behalf the airlines mentioned or any airline whose services are used in the course of the tour. Fare levels and conditions are subject to change. The responsibility of participating air carriers is limited.
12.8 The airlines are not to be held liable or responsible for any inconvenience, loss, damage, or injury in connection with the tour services described herein. Airlines are only liable under the tickets and tariff provision for travel.
13. Releases and Waiver of Liabilities
13.1 Assumption of Personal Risks. YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOUR AGREEMENT TO TRAVEL TO, TEMPORARILY LIVE IN A FOREIGN HOST COUNTRY NECESSARILY INVOLVES A CERTAIN DEGREE OF HAZARDS, INHERENTLY DANGEROUS ACTIVITIES AND PERSONAL RISKS TO YOU, BOTH FORESEEN AND UNFORESEEN, ALL OF WHICH ARE FULLY ACCEPTED BY AND SOLELY ASSUMED BY YOU. IN ADDITION, YOU HEREBY FULLY AND PERMANENTLY RELEASE AND FOREVER DISCHARGE AMPED Abroad GT FROM ANY AND ALL LIABILITY FOR YOUR PERSONAL INJURY, EMOTIONAL INJURY, ILLNESS, DISEASE, DEATH, AND/OR PROPERTY DAMAGE THAT MAY RESULT OR OCCUR DURING YOUR PLACEMENT AND/OR THE PROJECT PERIOD.
13.2 Release and Waivers in Favor of AMPED Abroad GT. YOU HEREBY FULLY, PERMANENTLY AND IRREVOCABLY RELEASE, FOREVER DISCHARGE AND AGREE NOT TO SUE AMPED Abroad GT, INCLUDING ANY AND ALL OF ITS PARENT COMPANIES, SUCCESSORS AND ASSIGNS, ITS AGENTS, MANAGERS, PARTICIPANTS, APPLICANTS, MEMBERS, EMPLOYEES, OFFICERS OR REPRESENTATIVES, AND ANY COUNTRY COORDINATORS/PARTNERS, , HOST FAMILIES OR OTHER PERSONS, ENTITIES, PARTIES, ORGANIZATIONS OR AGENCIES COLLABORATING WITH AMPED Abroad GT (COLLECTIVELY “RELEASED PARTIES”), VOLUNTARILY AND WITHOUT DURESS, FROM ANY AND ALL ACTIONS, SUITS, LIABILITY, CLAIMS, DEMANDS, LOSSES, COSTS AND/OR CAUSES OF ACTION FOR DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF OF ANY NATURE INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, EMOTIONAL INJURY, ILLNESS, DISEASE, DEATH, PROPERTY DAMAGE OR OTHER LOSSES, EXPENSES AND/OR DAMAGES (COLLECTIVELY “CLAIMS”), WHICH MAY HEREAFTER ARISE FROM ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT ARISING FROM YOUR PARTICIPATION IN ANY PROJECT OR PLACEMENT AND/OR ANY TOUR, ACTIVITY OR EVENT SPONSORED, MANAGED, ARRANGED, OR PROMOTED BY, OR OTHERWISE AFFILIATED OR ASSOCIATED WITH AMPED Abroad GT, WHETHER OR NOT FORESEEABLE OR CONTRIBUTED TO BY THE NEGLIGENT ACTS OR OMISSIONS OF AMPED Abroad GT OR OTHERS.
13.3 Acknowledgment. You agree, understand and acknowledge that Your release and waivers in this section 13 in favor of the Released Parties effectively releases and discharges the Released Parties from any liability or claim that You may have against the Released Parties with respect to any Claims that may result from Your participation in any Placement and/or Project, or Cultural Tour/Tour. You also agree, understand and acknowledge that AMPED Abroad GT does not assume any responsibility or obligation to provide financial assistance or other assistance, including, but not limited to, medical, health, or disability insurance, in the event of injury, illness, death, or property damage. You agree, understand and acknowledge that You are solely responsible for Your own safety and health care needs and for the protection of Your property.
13.4 Insurance. You agree, understand and acknowledge that AMPED Abroad GT does not carry or maintain any health, medical, disability, damage or other liability insurance coverage for Your benefit or for any other Participants, and You hereby expressly release AMPED Abroad GT from any responsibility or obligation to do so. You agree, understand and acknowledge that AMPED Abroad GT requires that You obtain and maintain suitable insurance coverage on Your behalf during the Project or Cultural Tour/Tour Period and that You are solely responsible for obtaining and maintaining such insurance.
13.5 Medical Treatment. You also hereby release and forever discharge the Released Parties from any and all Claims whatsoever that may arise on account of any first aid or other medical treatment rendered during Your participation in any Project or Placement and/or any other project, activity or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with AMPED Abroad GT.
13.6 Waiver of Special or Punitive Damages. NEITHER PARTY TO THIS AGREEMENT, NOR ANY RELEASED PARTIES, SHALL BE LIABLE TO EACH OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SAID PARTY HAS BEEN ADVISED OF THE RISK OR POSSIBILITY OF SUCH DAMAGES, AND EACH PARTY HERETO EXPRESSLY WAIVES ANY AND ALL RIGHTS TO ASSERT OR RECOVER ANY SUCH DAMAGES FROM ONE ANOTHER.
13.7 Extent of Releases and Waivers. You hereby agree, understand and acknowledge that the releases and waivers given by You in this Section are intended by You and AMPED Abroad GT to be as broad and as inclusive as permitted by law.
14. Additional Representations and Warranties
14.1 Majority Age and Contractual Capacity. You represent and warrant to Us that You are of majority age of eighteen years of age or older and that You have full and complete capacity and authority to bind Yourself to this Agreement and that you are authorized credit cardholder or bank account holder from which fees are charged or withdrawn to cover the cost of your application and program fees.
14.2 Photographic Assignment and Release. You hereby grant and convey unto AMPED Abroad GT all rights, title, and interest in and to any and all photographic images and video or audio recordings that may include images and/or recordings of You and made by or on behalf of AMPED Abroad GT or made with Our consent, in connection with Your participation in any Project or Placement assignment, or Tour arranged through AMPED Abroad GT and/or any Project, activity or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with AMPED Abroad GT, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. Your consent to such use by AMPED Abroad GT includes mention of Your name, age, town/city/country/area of residence, images (photos), video, audio, writings (testimonies), and other recordings to use in the web pages, newsletters, collateral, and all other kinds of promotional materials of AMPED Abroad GT and its affiliated organizations, which we get by your contact with AMPED Abroad GT and/or your participation in our program.
14.3 Physical and Mental Health. You represent and warrant that You are insufficient physical and mental health to participate in the Placement, Project or Tour selected for You or by You and do not have any physical or mental conditions which could impair Your ability to participate in any Placement, Project, or Tour. If you are age 55 or over, you agree to provide a written statement from your primary care physician certifying your eligibility to participate.
14.4 Developing Countries. You represent and warrant that You agree, understand and acknowledge that travel in developing countries not only offers opportunities for cross-cultural immersion and great adventure, but it also carries the corresponding limitations of developing countries. These limitations include, but are not limited to, poverty; poorer quality of food and water, poorer living accommodations, limited and less sophisticated medical services, limited or no democratic freedoms, limited or non-existent personal comforts such as air-conditioning, less stable governments, limited communication and transportation facilities; terrorist activities, higher criminal rates, beggars; and wide-ranging cultural differences that may affect Your stay in many ways. These are the realities of developing countries and You acknowledge and assume the task and risks of accepting these and other similar limitations during Your stay within a developing country. In addition to the foregoing, You agree, understand and acknowledge:
14.5 Reduced Safety Standards. Safety standards in most Asian, African, and Latin American countries generally do not meet the standards in the United States or other developed countries. Various risks exist in many areas of travel: by raft, canoe, boat, bicycle, train, plane, automobile, horseback, or by other means of conveyance; or on foot, roads, or trails; or at hotels.
14.6 Transfer or Sharing of Your Personal Information. In connection with Your Placement, Project, or Cultural Tour/Tour, it may be necessary for Us to transfer personal information about You, such as medical information, criminal background-check information and details of any convictions, to a country or countries outside of the United States or Canada where an adequate level of protection of such data may not be provided and you hereby fully consent to any and all such research, verification, and transfers of Your personal information.
15.1 Your Indemnity of AMPED Abroad GT. You agree to fully indemnify and hold AMPED Abroad LLC and AMPED Abroad GT harmless from and against any and all claims, demands, losses, causes of action, costs, expenses, fees and damages arising out of or related to: (i) any breach by You of this Agreement; (ii) any damages, losses, personal injury, property damage, fines, assessments, fees or costs that are caused to or asserted against AMPED Abroad GT as a result of Your actions, inaction or omissions; or (iii) any contractual claim or other cause of action asserted against AMPED Abroad GT as a result of Your conduct and/or Your failure to perform the volunteer and other activities required or organized hereunder.
16. Force Majeure
16.1 Project/Cultural Tour Delay or Cancellation Due to Force Majeure. Various events which AMPED Abroad GT is unable to control may arise and cause disruption, delay or cancellation of Your Assignment or Cultural Tour/Tour. Such circumstances are likely to include: war or threat of war, terrorist activity or threat of such activity, riots or civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks and epidemics, labor dispute, strike, work slow down or work stoppage and all similar circumstances beyond Our control (collectively “Force Majeure”). You agree, understand and acknowledge that AMPED Abroad GT shall have no liability for any delay or cancellation of a Project or Placement due to Force Majeure and You hereby agree to accept all risks associated with the occurrence of any Force Majeure. AMPED Abroad LLC/AMPED Abroad GT’s only obligation in the event of any Force Majeure is to reasonably attempt to reschedule, relocate, or restructure Your Cultural Tour/Tour, Placement and/or Project.
17. Miscellaneous Provisions
17.1 Construction and Interpretation. Each and all parties hereto acknowledge and agree that this Agreement is not a standard contractual form and that each respective party hereto is represented, or had the opportunity to be represented, by legal counsel in connection with the matters set forth herein, and that this Agreement shall, for all purposes, be deemed drafted by all parties hereto and no rule of construction or interpretation shall be invoked either against or in favor of any party respecting the interpretation of any provision hereof. Whenever used herein, the singular number or singular nouns shall include the plural, the plural the singular and the use of the masculine, feminine or neuter gender shall include all genders, as the context may require, and the term "party" shall mean an individual, a corporation, an association, a partnership, a trust, and any legal entity.
17.2 Section Headings. All titles or headings to articles, sections, subsections or other divisions of this Agreement or the exhibits hereto are only for the convenience of the parties and shall not be construed to have any effect or meaning with respect to the other content of such articles, sections, subsections or other divisions, such other content being controlling as to the meaning and intent and the content.
17.3 Severability. Wherever legally possible, each and every provision of this Agreement shall be interpreted in such manner as to render it valid, effective and enforceable under applicable law according to its express terms, but if any provision of this Agreement shall be deemed legally prohibited or invalid under applicable law by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or any of the remaining provisions of this Agreement, which shall remain in full force and effect absent said invalid provisions.
17.4 Counterparts. This Agreement may be executed in multiple counterparts or copies, each of which shall be deemed an original hereof for all purposes. One or more counterparts or copies of this Agreement may be executed by one or more of the parties hereto, and some different counterparts or copies executed by other parties. Each counterpart or copy hereof executed by any party hereto shall be binding upon the party executing same even though other parties may execute one or more different counterparts or copies and all counterparts or copies hereof so executed shall constitute but one and the same instrument. Each party hereto (“Signing Party”), by execution of a counterpart or copy hereof, expressly authorizes and directs any other party hereto to detach the signature pages and/or acknowledgment, attestation, witness, jurat or similar pages thereto from the counterpart, facsimile or copy hereof executed by Signing Party and affix same to another identical counterpart, facsimile or copy hereof executed by Signing Party such that upon execution of multiple counterparts, facsimiles or copies hereof by all parties hereto, each party hereto may have a counterpart or copy hereof to which is attached signature pages containing signatures of all parties hereto, together with any such acknowledgment, attestation, witness, jurat or similar pages relating thereto. The parties hereto expressly agree and acknowledge that facsimile signatures and electronic signatures or other electronic “consent click” acknowledgments shall be effective as original signatures.
17.5 Assignment. AMPED Abroad GT may assign this Agreement or any of its rights or obligations hereunder to any third party without Applicant’s express written consent. Applicant may not assign this Agreement or any of Applicant’s rights or obligations hereunder without AMPED Abroad GT’s prior written consent.
17.6 Notice. All demands, notices, approvals, consents, requests and other communications provided for hereunder shall be in writing and may be mailed or electronically transmitted via email, to the party to whom sent, addressed to it, at its address, facsimile or email address as set forth on the Term Sheet or such other address, facsimile or email address as such party may hereafter specify. Each such communication shall be effective (a) if given by telecopier or other electronic means, when such communication is transmitted to the specified address and any appropriate confirmation is received, or (b) if given by mail, three (3) Business Days after such communication is deposited in the mail with first class postage prepaid, addressed as aforesaid.
17.7 Failure to Act and Waiver. No failure or delay on the part of any party hereto in the exercise of any right, power or remedy existing hereunder or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. Any waiver granted by any party hereto shall be effective only if in writing and only in the specific instance and for the specific purpose given. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall, in any event, be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on either party not provided for herein, in any case, shall entitle such party to any other or further notice or demand not provided for herein in the same, similar or other circumstances.
17.8 Litigation. In the event of any litigation between the parties to this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including reasonable costs of appeal, if any.
17.9 Independent Contractors. In performing their respective services hereunder, each shall operate as and have the status of independent contractors and shall not act as or be an agent or employee of the other. Neither party shall have any right or authority or assume or create any obligations or make any representations or warranties on behalf of the other party, whether express or implied or to bind the other party in any respect whatsoever.
17.10 Injunctive Relief. Either party may have injunctive, preliminary or other equitable relief to remedy any actual or threatened dispute.
17.11 Arbitration. Each party hereto agrees and acknowledges that, upon the written demand of any party, whether made before or after the institution of any legal proceedings, but prior to the rendering of any judgment in that proceeding, all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement, including without limitation contract disputes and tort claims, shall be resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association ("AAA"). Any arbitration proceeding held pursuant to this arbitration provision shall be conducted in Fort Worth, Texas or at any other place selected by mutual written agreement of the parties. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. All statute of limitations, prescriptive periods, estoppel, waiver, laches and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of any action for these purposes. The Federal Arbitration Act (Title 9 of the United States Code) shall apply to the construction, interpretation, and enforcement of this arbitration provision.
17.12 Choice Of Law. This Agreement and the transactions contemplated hereunder shall be construed in accordance with and governed by the laws of the State of Texas, United States of America, without giving effect to conflict of laws principles.
17.13 Consent to Jurisdiction and Venue. Each party hereto irrevocably consents to the jurisdiction of the United States of America and further consents to the specific jurisdiction of the state and federal courts of the State of Texas and agrees that any suit, action or proceeding arising out of or relating to this Agreement, or any related documents, may be instituted against it in any Texas court or in any U.S. District Court sitting in the State of Texas (assuming such latter court has jurisdiction over such suit, action or proceeding), at the option of the party bringing such suit, action or proceeding, and also specifically waives any objection which it may have to the venue of any such suit, action or proceeding brought in Tarrant County Court, Fort Worth, Texas and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding. Nothing herein shall affect the right of either party to serve process in any manner permitted by law.
17.14 Modification. No alteration, modification or other change of this Agreement shall be valid, effective or enforceable under any circumstances, except and unless the parties clearly document their intention to revise or amend this agreement and/or its specific terms pursuant to a written agreement that is signed by the party against whom enforcement of any such alteration, modification or other change is sought.
17.15 Acknowledgment. Applicant agrees, understands and acknowledges that Applicant (i) has read and fully understands this legal contract, with full knowledge of its meaning and significance; (ii) intends that this Agreement be legally binding upon and enforceable against Applicant; (iii) confirms that Applicant is at least eighteen (18) years of age, fully competent, and entering into this Agreement voluntarily of his or her own free judgment.
17.16 Entire Agreement. This written Agreement, including any referenced exhibits and/or attachments hereto, concludes and represents the final agreement between the parties relating to the subject matter hereof and may not be contradicted by prior, contemporaneous or subsequent oral or written agreements of the parties, except and unless the parties hereto expressly agree to subsequent written modification of this Agreement, or its terms, as specifically provided herein. This Agreement completely and fully supersedes any and all other prior negotiations, discussions, correspondence and agreements, both written and oral, between the parties hereto and relating to the subject matter hereof and neither party shall hereafter have any rights under such other prior agreements but shall look solely to this Agreement for definition and determination of all of their respective rights, liabilities and responsibilities relating to the obligations hereunder. No representations, warranties or covenants pertaining to this Agreement or any property affected by this Agreement have been made by, or shall be binding on, any of the parties hereto, except as expressly stated in this Agreement.