Responsibility
You acknowledge that participating in our trips, events or clinics, the “Programs” requires a degree of flexibility, and understand that the route of a Program and related accommodation and modes of transport are subject to change without prior notice due to local circumstances. Should the Company deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any program. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside the Company's control. While traveling with the Company you agree to accept the authority of the leader and/or local operator at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that the Company reserves the right to decline, accept, or retain any person as a member of the group at any time. You acknowledge that the Company contracts with a network of companies, government agencies and individuals to assist in the running of its Programs. To the best of the Company's knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, you understand and agree that the Company is not liable for any injury including death, damage, loss, delay or irregularity that may occur due to the behavior of these third parties. You further understand and agree that the Company is not responsible or liable for any Client who contravenes any law or regulation of any country, state or local jurisdiction visited. No employee, contractor, sub-contractor, servant or agent of the Company has authority to vary these conditions.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF (A) THE COMPANY, (B) THE SPONSORING ENTITIES FOR WHOM THE COMPANY DESIGNS PROGRAMS, OR (C) ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “COMPANY GROUP”) OWN OR OPERATE ANY ENTITY THAT DOES OR WILL PROVIDE GOODS OR SERVICES FOR OR IN CONNECTION WITH YOUR PROGRAM. COMPANY PURCHASES, WITHOUT LIMITATION, TRANSPORTATION, HOTEL AND OTHER LODGING ACCOMMODATIONS, FOOD, GROUND HANDLING AND OTHER SERVICES (TOGETHER “VENDOR SERVICES”) FROM VARIOUS THIRDPARTY SUPPLIERS (“VENDORS”), ALL OF WHOM ARE INDEPENDENT CONTRACTORS AND OVER WHOM THE COMPANY GROUP HAS NO RIGHT OF CONTROL OR AUTHORITY. THE VENDOR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY THE COMPANY GROUP. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE COMPANY GROUP MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO A PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY GROUP SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY VENDOR OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGE, DEATH, LOSS OR INJURY TO PERSON OR PROPERTY CAUSED, IN WHOLE OR IN PART, BY ANY VENDOR OR OTHER THIRD PARTY, NOR THE STANDARD OF CARE YOU RECEIVE IN CONNECTION WITH THE VENDOR SERVICES. IN NO EVENT SHALL THE COMPANY GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WAGES, SAVINGS OR CONSORTIUM, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY GROUP HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE COMPANY GROUP’S MAXIMUM AGGREGATE LIABILITY, WHETHER ARISING IN TORT, EQUITY, LAW OR CONTRACT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO THE COMPANY IN CONNECTION WITH THE PROGRAM AT ISSUE. The limitations set forth in this Section shall not apply where prohibited by law, but instead shall be interpreted to give effect and enforced to the maximum allowable extent.
Expectations
The Company does its utmost to ensure you a rewarding and enjoyable experience with us. We understand that expectations vary greatly from person to person, however, and we cannot guarantee to meet all the expectations of the various people who attend our Programs. By agreeing to these terms and conditions you accept that the Company will not be held accountable if our Programs do not meet your particular expectations. This includes, but is not limited to, meeting your expectations regarding the quality or quantity of snow, ski/snowboard areas, surf breaks, beaches, rock climbing areas, mountain bike trails, road bike trails and/or routes and kayaking waterways, the quality or quantity of guiding, the quality or type of accommodation, the standard or type of transportation, the style of Program leadership and organization.
Photos & Videos
The Company, its representatives and/or tour operators may, from time to time, make photographic or video recording(s) during a Program, which may include images of you. For and in consideration of the benefits you enjoy and receive in connection with the Program, you hereby agree and grant to the Company a limited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free right, license and release, with right to sublicense, to exhibit, publish, display, and promote the photographs, images, visual depictions, and reproductions of you (together “Photos”) recorded in digital or other format during the Program for use by the Company for the limited purpose of promoting and marketing the services of the Company in such manner as the Company may elect in its sole discretion. Without limiting the generality of the foregoing, the license granted herein includes the right, without limitation and without further consideration or notice to or right of review by you, for the Company to reproduce the Photos in digital or other form, to edit and make derivative works from such materials, and to publicly display, publish and/or distribute such reproductions on the Company’s proprietary website and in such other digital media and print materials as the Company may elect.
Dangers
Programs with the Company may involve risks above and beyond those encountered on a more conventional holiday or activity. Programs involving snowboarding, skiing, surfing, rock climbing, mountain biking, road biking, trail biking and kayaking and other adventurous activities have inherent dangers that can result in serious injury and even death. Our use of guides and coaches can help to reduce these dangers; but it cannot eliminate them. You must be prepared to accept the risks associated with snowboarding, skiing, surfing, rock climbing, mountain biking, road biking, trail biking, kayaking, and all other activities if you participate in our Programs. Likewise, you must also be prepared to accept responsibility for your own actions during our Programs. Although our guides and coaches may provide you with advice and directions it is ultimately your responsibility to determine where your limits of capability and experience are and to avoid crossing these limits. We will not be held accountable for the choices and decisions you make during our Programs.
Our Programs may also involve dangers due to the countries and regions we visit. The Company visits some geographical regions where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, and infrastructure may not be of the standard that you are used to or would find on a more conventional holiday. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what you are accustomed to. Although we do our utmost to ensure that our drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety while driving with us and will not be held accountable for road accidents that occur during your travels with us.
By agreeing to these terms and conditions you accept the risks outlined in the above two paragraphs and fully assume the risks of traveling with the Company. You agree to release the Company from any liabilities connected to these risks.
Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereafter the "Release Agreement")
By agreeing to this release agreement you will waive certain legal rights, including the right to sue. Please read carefully! As used in this Release Agreement, capitalized terms shall mean as follows:
- “Activities” means all of the actions and activities I will be engaged in on in the Program, including without limitation, snowboarding, skiing, surfing, mountain biking, road biking, trail biking, rock climbing, kayaking, traveling and any other activities, actions and modalities included as part of the Program.
- “Company” means Evolucion Innovations, Inc.
- “I” and related un-capitalized pronouns and adjectives (e.g. my, me) means the individual completing and submitting this booking request form.
- “RELEASEES” means, together, Evolucion Innovations, Inc., it’s respective directors, officers, employees, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns.
- “Program” means the adventure Program that is the subject of this booking request form.
In consideration of booking and participating in the Program, I hereby acknowledge and agree, individually and on behalf of my heirs, personal representatives, executors, marital communities (if any), agents, assigns and each of them, as follows:
I am aware that the Activities involve the risk of property loss, injury and even death. I am aware that in connection with the Program there is a risk the Company, its agents and/or independent contractor vendors may act or fail to act in manner that may increase the likelihood or contribute to my property loss, personal injury or death. I freely accept and fully assume all such risks, dangers and hazards associated with the Activities, the Program and the acts and omissions of Company, its agents and independent contractor vendors.
I hereby waive any and all claims that I have or may in the future have against the RELEASEES and release and fully discharge the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may incur or suffer, or that my next-of-kin or others claiming through me or on my behalf may incur or suffer, as a result of, arising from or in any way related to the Program due to any cause whatsoever, including negligence, breach of contract, breach of any statutory or other duty of care or any equitable obligations or rights, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in the Program.
I hereby release, hold harmless and agree to indemnify the RELEASEES from and against any and all liability for any property damage, personal injury or death to any third party caused or contributed to by me arising from or in any way related my participation in the Activities and/or the Program.
If I am a California resident, I specifically waive any rights or benefits conferred by the provisions of Section 1542 of the Civil Code of California, which states that “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, marital community (if any), assigns and representatives. This Release Agreement and the rights, duties and obligations between me and the RELEASEES shall be governed by and interpreted solely in accordance with the laws of Washington, notwithstanding its choice of law provisions. Any dispute or litigation involving or relating to me, the RELEASEES, the Program, the Activities, this Release Agreement, and any associated claims for injuries, damages, death and otherwise, shall be brought solely and exclusively in the federal and state courts residing in King County, Washington.
Terms and Conditions Agreement
If you agree to the terms and conditions as stated in the preceding paragraphs, check the "I Agree" check box and type your full name in the space provided. Failure to “Acknowledge and Agree” by affirmatively checking each of the check boxes next to the required acknowledgements and agreements below will result in the rejection of your booking request form as void and incomplete and you and your co-travelers will not be registered for the Program.