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AGREEMENT OF COMPLETE ASSUMPTION OF RISK OF TRAVEL AND RELEASE.
I hereby acknowledge and accept the following Terms and Conditions and Agreement related to trekking and expedition to be organized by World Records Expeditions & Treks (P) Ltd., its agents, owners, employees, partners and all other persons or entities acting in any capacity on their behalf (hereinafter called WRET). I agree to release and discharge WRET on behalf of myself, my children, my parents, my spouse, my siblings, my other relatives and/or dependants, my heirs, assigns, personal representatives and estate as follows:
I understand and am aware that during the tour or trek in which I intend to participate under the arrangements of World Records Treks and Expeditions Pvt. Ltd., and its agents, associates or employees, (hereinafter called WRET) certain risks, dangers or problems may arise, including but not limited to the hazards of traveling in remote and mountainous terrain, accident or illness in remote places without the availability of medical facilities or means of rapid evacuation.
I accept and agree to assume all risks associated with the Trekking/Expedition and further agree to abide by the terms and conditions of WRET, as described here; and in the event of illness, accident, weather, political and other factors beyond the control of WRET, I will not hold WRET responsible or liable for damages. I understand that I am involving in the trekking/expedition at my/our own risk and my/our own consensus.
I acknowledge that the trekking/expedition involves known and unforeseen risks and threats which could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to second or third parties. These innate risks and threats are some of the factors that contribute to the unique character of this activity. These factors, known and unknown can be causes of loss or damage to my equipments personal materials, accidental injury or illness, in extreme cases, permanent trauma or death. I understand that such risks cannot be eliminated and are an innate part of the activity.
I further understand and accept that due to the nature of terrain and travel in hilly and mountain region and also due to the political instability and poor tourism infrastructure existing in region, the tour I intend to undertake under the arrangements of may fall short of my expectation.
It is fact that the organizing and performing tasks of treks and expeditions in all circumstances for WRET and its local partners/trek organizers, leaders, team members will be more difficult. They seek safety in all risks and threats. However, they sometimes might be unacquainted of trekkers’ and mountaineers’ fitness or capabilities in every activity. I/we fully understand that there might misjudge of weather, the elements, or the terrain and errors of judgment and mistakes due to the lack of sufficient modern technologies and further more; and sometimes, this may result inadequate warnings or instructions. Equipments and materials being used in the field may malfunction; break, lost, inadequate, worn out, poorly maintained, or missing that sometimes affects the activity.
I understand that WRET reserves the right to alter or omit any part of the itinerary, to substitute hotels or leaders, to change the price of, cancel or withdraw any trek for any reason whatsoever prior to departure and change any means of delivery without allowance of refund, with liability for increased costs borne by the trek. WRET reserves the right to accept or reject any person as a trek member at any time. I am not eligible to any refunds once the tour is launched, aborted or abandoned for whatsoever reason. However, in special cases appropriate refunds will be considered such as for certain services not rendered or missed as a direct result of ground handling agent or as a result of guide’s negligence. Under such circumstances refund claim will only be limited to actual cost of the relevant services. For instance, due to overbooking if a designated hotel is not available and I had to stay in lower category hotel then the actual cost difference between the two hotels will be considered for refund.
I further accept and agree that the decision of WRET pertaining to refund claim is final and shall not seek legal action against WRET.
Participants are held responsible for being in sufficiently good health to undertake the trip. Once a trip has started, refunds will not be made for missed arrangements for any reason whatsoever. We highly recommend that you obtain trip cancellation insurance.
INSURANCE: - “Everyone who plans to trek with us must have individual travel insurance to cover emergency Helicopter rescue costs, and includes medical and incidental expenses like extra travel (rejoining or repatriation) cost. A policy arranged with one of the companies we recommend is probably the best. You are strongly recommended to adopt a policy which also provides cancellation and extra baggage fees. Trekking members with a family are advised to make sure that they will be responsibly provided for in case of accidents.”
I certify that I have adequate insurance to cover any injury, rescue or damage I may cause or suffer while involving in all aspects of the tour, trek, climbing expedition, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I attest I have clearly and completely in formed the WRET leadership of my precondition(s) in writing that may affect my safety or health during the trek.
I acknowledge the risk and hazards of travel in remote areas where injury, delay or unanticipated events may occur. By signing this statement I accept responsibility for my own welfare and waive any future claims against WRET for liability to the maximum extent permitted by law.
I understand that I am undertaking travel to remote geographical areas located in lesser developed countries where, among other things, a sense of urgency, attention to detail, standards of quality, hygiene, political stability, cuisine, sanitation facilities, cleanliness, level of infrastructural development, telecommunications facilities, methods of conducting business, medical evacuation, etc. may be deemed unsatisfactory and/or not equivalent to those found in the industrialized nations. I also understand that the normal level of medical treatment and services, including the presence of a physician or any other trained medical professionals and/or availability of prescription type drugs, may not be possible. I fully release WRET from any and all liability in connection with the foregoing.
It is fact that the organizing and performing tasks of treks and expeditions in all circumstances for WRET and its local partners/trek organizers, leaders, team members will be more difficult. They seek safety in all risks and threats. However, they sometimes might be unacquainted of trekkers’ and mountaineers’ fitness or capabilities in every activity. I/we fully understand that there might misjudge of weather, the elements, or the terrain and errors of judgment and mistakes due to the lack of sufficient modern technologies and further more; and sometimes, this may result inadequate warnings or instructions. Equipments and materials being used in the field may malfunction; break, lost, inadequate, worn out, poorly maintained, or missing that sometimes affects the activity.
I am aware that travel within a group situation invariably involves compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of group members. I have been advised that my tour leader may be required to improvise and exercise his or her good-faith discretion and/or make decisions based upon the consensus of the group which may not please me personally but satisfy the larger desires of the group. I acknowledge and accept these aspects of group travel.
I acknowledge that the cost of all WRET trips has been based upon Trip Participants executing this Complete Assumption of Risk of Travel and Release of WRET, Liability. I have voluntarily agreed to participate in a WRET trip and willingly execute this document. I absolutely understand its contents and legal ramifications, especially those pertaining to my full assumption of the risk of travel and my release of WRET from any and all liability to the maximum extent permitted by law.
I confirm that I have read, fully understand, and agree to all of the terms and conditions contained in General Information, Terms, and Conditions; and Limitation of Liability, especially noting the policies on cancellations and refunds, limitations of liability, participant responsibility, and airline responsibility. I also confirm that I will have fully read and understood my responsibilities as outlined in the Pre-trip information prior to trip departure and consulted a physician about appropriate medical preparation. Additionally, physician has certified that I am physically able to do this trip.
I solely agree, accept and acknowledge with all of the risks and threats that will knowingly and unknowingly exists in this activity. My involvement in this activity is purely in my personal consensus, I am fully aware of the risks, and I elect to participate in spite of the risks that known and unknown.
I understand that engaging in such activities may require a certain level of skill and qualification and I fully take responsibilities with other different activities. I acknowledge that WRET have been available to talk and more fully explain to me the nature and physical, mental, and experiential demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
I hereby release and agree to assure and hold harmless from any and all claims, demands, or causes of action for using of my image, words, voice, or likeness which are in any way connected with my involvement in this trekking/expedition organizes through WRET, in any electronic, electromagnetic, digital, photographic, print, or audio-visual format in regards to advertising, promotions, marketing, cybercasts, literature, newspaper/journal articles, documentary films and video, websites, and/or any other use which WRET deems fit and or/reasonable. I understand I will not receive any compensation for my exposure in any of the aforementioned formats and that WRET exclusively owns and controls such material that is taken by WRET.
I also recognize that I am undertaking a journey that contains a significant element of personal risk, and that risk does sometime become a reality. I acknowledge the relative remoteness, the rough traveling and weather conditions, the limited and relatively primitive medical and other services available, as well as the greater potential dangers compared with my usual daily life at back home, or conventional holiday travel. Not only do I accept the realities. I have chosen to seek them out. I recognize WRET Nepal’s responsibility to me and I accept these authorities and decision of WRET and its representatives in respect to the journey that I have applied to join with them.
Trekking, traveling or expedition into the isolated and remote area is physical demanding because of its length and the almost unbelievable changes in elevation. Any of treks, the trail gains and loses many hundred meters of elevation within a day.
I agree that in the event any part or portion of this Trip Member’s Agreement Regarding Complete Assumption of Risk of Travel and Release of WRET, Liability is found to be void or unenforceable, then such part or portion will be stricken but the rest of the Agreement will be given full force and effect.
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