evoTrip Liability Waiver 2017

evoTrip 2017 Agreements and Waiver

Terms & Conditions
 
The prices listed by evo ("the Company", "we", "our", "us") are based on the costs and exchange rates current at the time of publishing. The Company reserves the right to alter these prices at any time. For trips departing between January 1, 2017 and December 31, 2017, the price of your trip is guaranteed when paid in full. 

The itineraries and dates listed on our website are applicable from January 1, 2017 until December 31, 2018. After December 31, 2018 dates and itineraries are subject to change. All published information is accurate to the best of our knowledge at the time of publishing, but please note that changes to our trip itineraries (which can be significant) can and do occur. The Company will make every effort to keep booked travelers informed of any changes, but cannot be held liable for any alterations made to the published itineraries. Please refer to our website for the most recent update to any trip.
  • Contract
To secure a booking for a group trip, the Company requires a completed booking form together with a fixed deposit amount from each traveler who will be referred to as “the Client” which varies by trip or, if there are less than 60 days remaining until the trip is due to commence, the Company requires full payment of the trip price. Deposits may be different for custom trips and will be communicated prior to booking. A booking is accepted and becomes definite only from the date when the Company has confirmed acceptance by issuing the Client with a Trip Confirmation email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to decline any booking at its discretion. The contract, including all matters arising from it, is subject to Washington State law and the exclusive jurisdiction of the Washington courts. No employee, contractor or sub-contractor of the Company other than a director has the authority to alter or omit any of these terms or promise any discount or refund.
  • Payment for your Holiday
The balance of all monies due, including any surcharges applicable at that time, must be paid to the Company no later than 60 days before the scheduled departure date. In the case of non-payment of the balance by the due date the Company will treat the booking as canceled by the Client.
  • Cancellation by the Client
All cancellations must be submitted to the Company in writing, are effective as of the date we receive them according to our internal records, and will be subject to a cancellation fee (“Cancellation Fee”) as follows (amounts are per person and only apply to amount paid after the non-refundable deposit amount):

◦ Cancellation 60 days or more prior to trip departure - Non-Refundable Deposit
◦ Cancellation between 30 and 59 days prior to trip departure - 50% of total booking cost
◦ Cancellation less than 30 days prior to departure - 100% of total booking cost

Cancellation policy for custom trips may differ from these terms and will be communicated prior to booking.

No refunds will be made if you voluntarily leave a trip for any reason after the trip has begun. The same applies if you leave a trip or cannot fully participate in a trip due to injury or illness. Refunds will be at the discretion of the Company if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized. 
 
  • Cancellation by the Company
The Company reserves the right to cancel any trip prior to the scheduled departure date for any reason whatsoever, including without limitation, insufficient participation, local weather conditions or logistical problems that, in our sole reasonable judgment, may impede trip operations. In the event of trip cancellation by the Company for any reason whatsoever other than a force majeure event, your sole and exclusive remedy shall be the refund by the Company of all payment amounts received from you by the Company as of the date of cancellation, and the payment thereof shall release the Company from any and all other or further liability in any way related to such cancellation. The Company makes substantial payments to its suppliers (hotels, transportation companies, etc.) far in advance of the scheduled trip departure date. Accordingly, if a trip is cancelled due to a force majeure event (e.g. acts of God, war, labor strikes, earthquake, flooding, etc.), the Company will undertake commercially reasonable efforts to promptly refund the portion of any amounts paid by you that have, in turn, not already been advanced to suppliers. In addition, the Company will use commercially reasonable efforts to recover and refund to you the balance of your payment amounts that were advanced to suppliers, less the costs, if any, of such recovery, as promptly as possible. However, (a) the Company does not guarantee recovery of any portion of advance payments made to suppliers, and (b) commercially reasonable recovery efforts under this Section shall not include or require, and shall be fully satisfied and performed exclusive of, the institution of any legal proceedings by or on behalf of the Company in any forum, venue or jurisdiction whatsoever. The Company is not responsible for, and you hereby release and forever discharge the Company from, any expense or cost incurred by you in preparing for or arising or resulting from a cancelled trip, including without limitation, the cost of non-refundable airfare, other transportation, lodging and meal expense, visa fees, medical expenses, equipment and clothing purchases, and the cost of any additional or alternative arrangements you elect or are required to incur or make as a result of a cancelled trip.
  • Booking Amendments
If you wish to change your booking in any way, you must contact us as soon as possible and we will accommodate your request to the best of our ability. Surcharges may apply.
  • Substitution of a Client
If any member of the party is prevented from traveling because of the death, injury or serious illness of the passenger, close relative or friend, redundancy or jury service, it may be possible to transfer the booking to another suitable person (acceptable to the Company) provided that (a) written notice is given at least 30 days prior to departure, and (b) you will be responsible for any expense, fee or charge incurred by or imposed on the Company by suppliers and vendors that may arises as a result of the transfer or substitution. An administration fee of up to $100 may be imposed by the Company to cover its internal costs associated with the booking transfer. In addition, you will be responsible for any fees or expenses arising from the substitution or change that are imposed by vendors or suppliers of services not included the trip price, which may include by way of example, airline  cancellation charge and change fees.
  • Surcharges
Prices on this website are quoted in United States dollars unless specifically noted in local currency. The Company reserves the right to change the trip costs to take account of the following items: government action, fluctuations in currency exchange rates, new or additional VAT, GST and other taxes, and added transportation costs, including fuel and/or baggage surcharges, overflying charges, airport charges and increases in scheduled air fares (where applicable). The Company will not absorb any increase in booking price should a surcharge be necessary. The Client will pay necessary surcharges.
  • Insurance
Travel insurance is recommended for all Clients participating on trips organized by the Company. It is recommended that this travel insurance covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. Clients, together with their personal property including baggage, are at all times solely at their own risk. We are happy to help Clients secure this insurance once we have secured your deposit and have your age details to attain a price.
  • Passport, Visa and Vaccinations
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the trip. Information about these matters or related items is given in good faith but without responsibility on the part of the Company.
  • Responsibility
You acknowledge that participating in our trips requires a degree of flexibility, and understand that the route of a trip, 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 trip. 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 trips. 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 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 TRIP. COMPANY PURCHASES, WITHOUT LIMITATION, TRANSPORTATION, HOTEL AND OTHER LODGING ACCOMMODATIONS, FOOD, GROUND HANDLING AND OTHER SERVICES (TOGETHER “VENDOR SERVICES”) FROM VARIOUS THIRD-PARTY 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 THE TRIP, 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 LIMIATION, 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, PUNATIVE 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 TRIP 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 travel 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 trips. By agreeing to these terms and conditions you accept that the Company will not be held accountable if our trips 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, and kayaking waterways, the quality or quantity of guiding, the quality or type of accommodation, the standard or type of transportation, the style of trip 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 trip, which may include images of you. For and in consideration of the benefits you enjoy and receive in connection with the Trip, 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 Trip 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 publically 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
Traveling with the Company may involve risks above and beyond those encountered on a more conventional holiday. Vacations involving snowboarding, skiing, surfing, rock climbing, mountain biking and kayaking and other adventurous activities have inherent dangers that can result in serious injury and even death. Our use of guides can help to reduce these dangers, but cannot eliminate them. You must be prepared to accept the risks associated with snowboarding, skiing, surfing, rock climbing, mountain biking, kayaking, and all other activities if you attend our trips. Likewise, you must also be prepared to accept responsibility for your own actions during our trips. Although our guides 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 trips.

Our trips may also involve dangers due to the countries and regions we visit. The Company visits some 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 take commercially reasonable steps to confirm that drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety during ground transportation trip segments and will not be held accountable or liable for damage or injury to you or others due to road accidents that occur during a trip.

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 and do hereby release and forever discharge the Company from any liabilities, claims or damages connected to or arising from 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!

To: Evolucion Innovations Inc., dba “evo”, and their respective directors, officers, employees, shareholders, members, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereafter collectively referred to as "the RELEASEES").

Assumption of Risk: I am aware that snowboarding, skiing, surfing, mountain biking, rock climbing, kayaking and any other activities offered by the Company involve the risk of damage, injury and death. I am aware that there is a risk of negligence by the Company and/or the trip operator, including the failure by the Company and/or the trip operator to safeguard or protect me from or warn me of the risks, dangers and hazards of skiing, snowboarding, surfing, mountain biking, rock climbing, kayaking and other activities. I freely accept and fully assume all risks, dangers and hazards associated with participating in an evo trip and the possibility of property damage, loss, personal injury or death resulting therefrom.

In consideration of booking an evo trip and the benefits I am thereby entitled to I hereby agree as follows:

1) To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of an evo trip due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, 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 an evo trip.

2) To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in an evo trip;

3)  Should the RELEASES or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs;

4) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

5) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Washington and no other jurisdiction; and

6) Any litigation involving the parties to this Release Agreement shall be brought solely in the courts sitting in King County, Washington.

USA - Head Office
evo
122 NW 36th St
Seattle, WA 98107
Email: amiller@evo.com
Phone: 206.632.7598

Terms and Conditions Agreement *
 
  • I have read and agree to all the above terms and conditions.
  • I will ensure that my emergency contact has a copy of my travel information and will be able to deal with my insurance company on my behalf.
  • I hereby authorize Company personnel to secure emergency treatment for me if I am incapacitated and my emergency contact can't be reached.
  • I agree to provide evo with an electronic copy of my passport identification page prior to travel.
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