ALPINE ASCENTS TERMS AND CONDITIONS TERMS AND CONDITIONS DOCUMENT
This document, (
Terms and Conditions) is a binding contract between Alpine Ascents International LLC located at 109 W Mercer St, Seattle, WA 98119 and their officers, agents, contractors, employees, owners, directors, associates, sponsors and all other persons or entities associated or acting in any capacity for or on behalf of this business (hereinafter referred to as “AAI”) and you, the participant in an AAI trek, climb or other activity, (herein referred to as “participant”). In consideration of the services of AAI, I agree as follows:
RESERVATIONS: A reservation will be reserved for the participant once the deposit for a specific trek, climb or other activity (herein referred to as “program”) is received. Payment can be made by credit card, check from US bank account or bank transfer. Your deposit is your confirmation that you agree to all Terms and Conditions and other relevant information concerning your selected program.
RESERVATION CONFIRMATION: Each applicant must complete an application form which can be found on AAI’s website or request a PDF application from our office. Once your application is received and reviewed, AAI will confirm your reservation via e-mail and include confirmation materials with important information relating to your selected program. This includes gear lists, physical training routines, visa requirements, etc. AAI’s goal is to build strong teams and make sure all participants have satisfactorily completed any prerequisites, if required. AAI reserves the right to deny participation to any participant until reviewing their application. It is the participants responsibility to let us know if the information specified in the application changes before the departure date.
KNOWLEDGE OF CONDITIONS SET FORTH: when the participant sends a completed and signed application and deposit for a program and it is accepted by AAI, it is understood that the participant acknowledges and agrees to all the conditions herein and certifies that the information submitted in the application is complete and true.
PRICING: All prices advertised in AAI publications are expressed in United States Dollars and are subject to change without prior notice. The participant accepts the listed price at the time the deposit is received by AAI.
BALANCE DUE: All balances are due 120 days prior to departure date of your program. Balances can be paid by bank transfer or by checks from US bank accounts. Participants whose balances are not received by the 120-day deadline as stated above, risk forfeiture of their place on the program without any refund of deposit.
CANCELLATION AND REFUND POLICY: AAI highly recommends trip cancellation insurance for all programs. Due to large upfront costs to guarantee logistical services and climbing permits, AAI must adhere to a stringent refund policy. AAI reserves the right to waive any fees. As we offer personalized service, we will attempt to accommodate changes and cancellations when necessary, waiving certain fees when feasible. Full refunds, less the non-refundable deposit/registration fee, will be provided 121-days or more before departure date of participant’s program. 50% refunds will be provided between 90-120 days prior to the departure date of participant’s program. No refunds will be provided 89 days or less prior to the departure date of participant’s program. All refund requests must be made in writing and be received in our office on or before the deadline dates as stated above.
TRIP CANCELLATION INSURANCE: We highly recommend purchasing trip cancellation/ interruption and evac insurance for your program. AAI offers plans in conjunction with a travel insurance provider. Detailed policy information will be sent upon receipt of your deposit.
ADDITIONAL EXPENSES: AAI program participants are responsible and will pay all expenses incurred or associated with departing their program early for whatever reason including but not limited to illness, injury or other personal reasons. The Participant is responsible for paying their own evacuation, rescue, transport costs and for all other services not included in the AAI program. The Participant acknowledges they have the necessary insurances to cover this type of expenses or have sufficient financial capability to pay these costs.
PARTICIPANT RESPONSIBILITIES AND ACKNOWLEGMENTS Participants are responsible for their own well-being. This includes good health and possess the physical fitness and climbing prerequisites required for their program. Participants joining a program may be required to obtain a physician's release prior to departure. Participants acknowledge that they have been advised to have sufficient personal life, medical, accident, travel, baggage, cancellation, interruption, rescue, repatriation and other insurances that pertain to their participation in an AAI program. Participants understand that AAI does not provide them any type of insurance coverage. Participants are responsible for knowing all pre-departure information and to prepare and bring proper equipment and clothing as outlined in the information. Participants are responsible to adhere to basic standards of personal hygiene (to minimize the risk of traveler’s diseases). Participants are responsible to act in a considerate manner toward all group members and with respect for each country's customs, values and traditions. Participants agree to refrain from use of offensive language. Participant agrees to follow the appropriate Leave No Trace practices. Participants are prohibited from using drugs that may negatively affect their performance, including alcohol, while actually trekking, climbing or performing other activities that involve risk of injury. Participant gives their consent for AAI to use their photograph, video likeness and/or voice to be used in its publications, including its website. Participants agree not to participate in the publishing of any trek, course or climb related news, dispatches, cybercasts or other media content without the written permission of AAI. Participants agree to inform AAI at the time of application of any pending or actual employment, agency or sponsorship relationships that are related to their participation in the AAI program.
ADDITIONAL CONDITIONS OF AAI PROGAMS AAI, it’s officers, agents, contractors, employees, owners, directors, associates, sponsors and all other persons or entities associated or acting in any capacity for or on behalf of this business hereby give notice that they act only as agents for hotels, transportation companies, land operators and suppliers of travel services. AAI assumes no responsibility or liability in connection with the operation or service of any aircraft, motor vehicle, other conveyance, inn, lodge or hotel which may be used wholly, or in part, for services to AAI and its clients. AAI, its operators, airlines and agents will not be responsible for any act, error, omission, nor for any injury, loss accident, delay, inconvenience, irregularity or damage which may be occasioned by any cause whatsoever. This includes acts of nature, civil disturbance, government restrictions or failure of any means of conveyance to adhere to published schedule.
AAI reserves the right to change the price of, cancel or withdraw any trek, course or expedition for any reason whatsoever prior to departure. After departure, AAI reserves the right to alter or omit any part of the itinerary, to substitute hotels or leaders, to change any means of conveyance without notice and without allowance of refund, with liability for increased costs (if any) borne by participants. AAI reserves the right to accept or reject any participant at any time and for any reason.
GUIDES’ RIGHTS AND OBLIGATIONS Given the nature of the service hired by the participant, the decisions taken by the guide as program leader are final. If the guide considers that the participant’s behavior, physical condition, mental illness or any other reason emanating from said participant may be dangerous to the safety, health or well-being of said participant or of the whole group, the participant will be asked to leave the program and shall not be entitled to any refund whatsoever and be responsible for any additional costs associated with their departure such as but not limited to transportation, hotels, meals, etc. The guide, as the group leader, can decide on any changes to the itinerary, including ending the program if he/she considers the team is in danger and if such change will be for the good of the program. The participant acknowledges the guide's authority concerning decisions that encompass changes in the program.
SUMMIT ATTEMPT AAI will make its best effort to provide you with a summit attempt within the guidelines of this document and itinerary. AAI cannot guarantee that you will reach the summit of a peak. Weather, route conditions, your own abilities or the abilities of other climbers may create circumstances that make an ascent unsafe and you or your entire team may have to turn around without reaching the summit. No refunds will be given by AAI for not reaching the summit for any reason.
AGREEMENT TO TERMS AND CONDITIONS DOCUMENT In consideration of the services furnished and to be furnished to me as a participant of an AAI program, I hereby agree to all terms and conditions in this document. In the event that I file a lawsuit against AAI, I agree to do so solely in the state of Washington, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I have had sufficient opportunity to carefully read this entire document and clearly understand and voluntarily agree to be bound by its terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative and estate and for all members of my family, including, my spouse and minor children.
* Full Name
Date* (YYYY-MM-DD) ALPINE ASCENTS PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Alpine Ascents International LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "AAI"), I hereby agree to release, indemnify, and discharge AAI, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in travel, hiking, trekking, rock climbing, ice climbing, mountaineering, glacier travel, ski touring, ski mountaineering and other related activities, both domestic and foreign, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: being lost or separated from their guides or companions; the hazards of walking on uneven terrain and slips and falls; being struck by rock fall, icefall or other objects dislodged or thrown from above; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; the forces of nature, including lightning, weather changes and avalanche; weather and altitude can be extreme and can change rapidly without warning; the risks of falling off the rock or mountain; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; travel in remote areas with poor or no access to emergency and/or medical services; my own physical condition, and the physical exertion associated with this activity; transmissible pathogen or disease; Traveling to and from activity locations raises the possibility of any manner of transportation accidents. Foreign countries have their own laws and standards of acceptable conduct; food and water related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards; standards of living and health standards that are not equivalent to life in the United States.
Furthermore, AAI personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured climbing and mountaineering helmet, when directed to, while participating in this activity. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AAI from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AAI’s equipment or facilities, including any such claims which allege negligent acts or omissions of AAI. Should AAI 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. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. In the event that I file a lawsuit against AAI, I agree to do so solely in the state of Washington, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
I am aware that nothing in this document shall be interpreted as me releasing AAI from liability for injuries, damage, death, or other loss to me or others that may occur
within the jurisdiction of the National Park Service and is caused by AAI negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to AAI judgments and decisions, or AAI failure to take reasonable precautions to ensure it provides participant with safe and defect-free equipment.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against AAI on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at AAI. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Date* (YYYY-MM-DD) ALPINE ASCENTS ACKNOWLEDGEMENT OF RISK NATIONAL PARK ACKNOWLEDGEMENT OF RISK THIS DOCUMENT IS A LEGAL CONTRACT.
This document is a binding contract between Alpine Ascents International LLC located at 109 W Mercer St, Seattle, WA 98119, and their officers, agents, contractors, employees, owners, directors, associates, sponsors and all other persons or entities associated with or acting in any capacity for or on behalf of this business (hereinafter collectively referred to as “AAI”) and you, the participant in an AAI trek, climb or other activity. In consideration of the services provided by AAI, I agree as follows:
AAI has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy activities such as travel in foreign countries, hiking, trekking, rock climbing, ice climbing, mountaineering, glacier travel, ski touring, ski mountaineering and other related activities, (herein known as “the activities”), for which I may not be skilled, AAI has informed me there are significant elements of risk in any of these activities including training courses that teach the activities. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of these activities and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. AAI does not want to frighten me or reduce my enthusiasm for these activities, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of the inherent risks while participating in these activities. Foreign countries have their own laws and standards of acceptable conduct; food and water related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards; standards of living and health standards that are not equivalent to your home country and may add additional risks both financially and for your safety. Transportation; (before, during and after the activities) by plane, helicopter, automobile, van, bus, taxis, truck, train or other motorized transport can all have significant risks associated with them including bodily injury, death and loss of property. Pack and riding animals used for carrying gear and for riding in some circumstances, for example; camels, yaks, mules, lamas, horses and other pack animals can bite, kick, gore with horns, become uncontrolled, push or knock gear or people off trails or other terrain. Injury or Illness caused by, but not limited to, contaminated or untreated water, wild, dangerous or poisonous animals and plants, bites from disease carrying insects, different standards of living conditions, different foods or difficulty maintaining hygiene, travel in remote areas with poor or no access to emergency and/or medical services. Slipping or falling: Travel by foot (including to, during and from the activities) over uneven rugged unpredictable trail and off-trail terrain, including but not limited to, boulder fields, downed timber, river crossings, high mountain passes, snow and ice, glaciers, crossing crevasses and snow bridges, steep slopes, and slippery rocks may result in slips and falls which may cause pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, punctures, fractures, concussions, or even more severe life threatening injuries and death. Being struck by avalanches, rock fall, icefall, or other objects dislodged or dropped from above can cause severe injuries or death. Glacier travel hazards include falling into a crevasse or breaking through a snow bridge resulting in a crevasse fall which can cause injuries due to the fall or objects hitting you during and after your fall. You may also be injured while stopping in the bottom or between the sides of the crevasse. Once in a crevasse you will be subject to cold and hypothermia. Camping hazards including open flame stoves, burns, tent fires, carbon monoxide poisoning, food and water related illnesses. Inclement weather and rapid changes in weather, including mountain storms, server cold or heat, extreme winds, limited visibility, electrical storms or lightning, snow, hail, ice, rain and sleet can cause difficult and dangerous situations greatly increasing risk. Extreme heat and heat related illnesses, including heat exhaustion and heatstroke. Extreme cold or cold injuries such as hypothermia, frostnip or frostbite that may result in loss of limbs, digits and permanent scarring. Altitude related sicknesses and conditions including but not limited to AMS (acute mountain sickness), Pulmonary Edema, Cerebral Edema and retinal hemorrhaging. Dehydration related injuries or illnesses. Damage, failure, loss or misuse of equipment can lead to loss or damage to equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death; some causes but not all include environmental, such as extreme cold or heat, rock fall, ice fall, avalanches, high winds. For example, damaged tents from wind, sun or snow burial. Failure of climbing protection due to high temperatures melting out snow and ice anchors. Falling rock hitting and cutting climbing ropes. Human causes such as, dropping, loosing, inappropriate use, or not well maintained climbing equipment. Some examples, a cook stove leaking and causing a fire, or climbing on fixed lines that anchors or ropes have not been sufficiently maintained causing failure and a fall. A lost glove leading to cold injuries. AAI employees have difficult jobs to perform. They seek safety, but they are not infallible. For example, they might be unaware of a participant's fitness or abilities. They might misjudge the weather, other environmental conditions. They might misjudge whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction or be used incorrectly. They may make an incorrect medical diagnosis or treat an illness or injury incorrectly. My own and other participant’s physical capabilities/limitations and the physical exertion associated with the activities, which may contribute to loss of balance; physical coordination and inability to follow instructions. For example, fatigue which may causes dizziness during the activities and diminish reactions time or judgement increasing the risk of an accident or injury. The actions or inactions of other participants in the group or third parties that may contribute to the risk. An “act of God”, or uncontrollable act of nature including, but not limited to, avalanche, icefall, rockfall, earthquakes, floods and extreme weather. Transmissible pathogens or diseases
I certify that
I AM FULLY CAPABLE of participating in this activity and I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety and the safety of all minor children in my care, custody, and control while participating in these activities. I also certify I am aware that hiking, trekking, rock climbing, ice climbing, mountaineering, glacier travel, ski touring, ski mountaineering and other related activities entails risks of injury, death or loss property to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury, death or loss of property.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of AAI has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
Therefore, I agree to assume and accept full responsibility for myself and my family, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my own negligence while participating in these activities.
I hereby authorize any medical treatment or rescue deemed to be necessary. I hereby give permission for transportation to any medical facility or hospital and I authorize for any qualified guide or medical personnel to render necessary emergency medical care for myself and all minor children in my care, custody and control while participation in these activities. I hereby authorize the release of any medical information in the possession of AAI to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse or other such person rendering care on my behalf. I hereby waive any action or claim against AAI or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information.
In the event that I file a lawsuit against AAI, I agree to do so solely in the state of Washington, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I have had sufficient opportunity to carefully read this entire document and clearly understand and voluntarily agree to be bound by its terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative and estate and for all members of my family, including, my wife and minor children.