OneSeed Expeditions, LLC, its owners, officers, directors, employees and affiliates will provide marketing and logistics as a sponsoring organization and has licensed its partners to organize and administer expeditions in locations throughout the world. OneSeed Expeditions, LLC, our partners, their owners, directors, officers and employees, act only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with these trips (“other providers”), and the other providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers and/or other suppliers shall constitute the sole contract between them and the passenger.
OneSeed Expeditions, LLC (collectively “OneSeed,” “we” or “our”) are not liable for any negligent or willful act or failure to act of any third party, such as hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions, food service or entertainment providers etc. Without limitation, we are not responsible for any injury, loss, or damage to personal property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, weather, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities or the threat thereof, of any kind, epidemics or the threat thereof, illness, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with animals, marine life, or vegetation of any sort, dangers incident to recreational activities such as kayaking, sailing, canoeing, rafting, hiking, bicycling, etc., sanitation problems, food poisoning, lack of, access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, negligence of shipboard or other physicians or medical personnel of for any cause beyond our direct control. In addition, the participant releases OneSeed from their own negligence and assumes all risk thereof. OneSeed shall not be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
ASSUMPTION OF RISK
By registering for a OneSeed adventure, the participant acknowledges that he/she is aware that adventure travel such as the trip he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, including, but not limited to, a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism.
The participant further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible during some or all of the time during which he/she is participating on the trip.
By registering for a OneSeed expedition, the participant acknowledges that he/she has voluntarily applied to participate on this trip and that he/she has read the description of the trip as it appears in the current OneSeed promotional materials. The participant thereby waives any future defenses to a potential breach including, but not limited to, duress or undue influence. The participant attests that it is in full legal capacity to incur these contractual obligations.
The participant agrees that any dispute concerning, relating or referring to this contract, the brochure, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration in Denver, Colorado, according to the then existing commercial rules of the American Arbitration Association. Such proceeding will be governed by substantive Colorado law. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
PAYMENTS, CANCELLATIONS AND REFUNDS
We reserve the right to cancel any trip because of our concerns with respect to the safety, health, or welfare of the participants. In the event cancellation is due to a significant event that makes it infeasible for the expedition to begin such as, but not limited to, acts of God, acts of government, weather, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities or the threat thereof, of any kind, epidemics or the threat thereof, OneSeed will provide the participant with a full refund of monies paid to them; except in the event cancellation is due to a significant event that makes it infeasible to operate the expedition as planned, in which case OneSeed will provide the participant with a refund and/or credit toward a future trip equivalent to monies paid to them. We will not be responsible for any additional expenses incurred by participant in his/her preparation for the trip (e.g., nonrefundable airline tickets visa fees, clothing, equipment and medical expenses, etc.).
In the event a participant voluntarily chooses to leave the expedition mid-course, they agree to relinquish any claims towards fees already tendered and waive all rights to services from OneSeed as well as absolving OneSeed of any liability with respect to their safety or health once they leave the expedition. Failure to arrive on the scheduled expedition start date without prior notification will result in a forfeiture of the paid amount.
Cancellation Policy: If you cancel 60 days or more prior to your scheduled departure for this adventure then you will be able to reschedule or be reimbursed the full cost of this adventure net the non-refundable deposit of $1000.00. If any cancellation is made less than 60 days prior to your scheduled departure for this adventure then you will lose the complete value of your experience.
All discounted sales and third-party vouchers are 100% non-refundable.
In the event of reservation changes made, for any reason, within 60 days prior to the start of your scheduled departure, a 20% re-booking fee will be assessed and required to confirm any changes. Refusal to pay the 20% re-booking fee will result in the complete forfeiture of the complete value of your experience.
All flights booked by OneSeed are 100% non-refundable and non-transferrable. Any modifications that must be made are subject to the terms of the ticketed airline.
The itineraries and staff presented in the promotional materials are subject to modification and change by OneSeed. We reserve the right, without penalty, to make changes in the published itinerary whenever, in our judgment, conditions warrant, or if we deem it necessary for the comfort, convenience, or safety of participants. All itineraries are subject to unilateral modifications.
DELAYS & COST INCREASES
We will not be responsible for providing any reimbursement for delays in the trip due to, but not limited to, bad weather, trail conditions, river levels, road conditions, transportation delays, government intervention, or acts of god. While we will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, we reserve the right to do so subject to reasonable notification to the client.
MEDICAL & HEALTH
The participant certifies that he/she is physically fit and does not have a condition that would limit mobility. Participant further certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants. For adventures that take place at higher elevations (above 10,000 feet), participant certifies that he/she does not suffer from a respiratory, cardiac or circulatory disorder. It is vital that anyone with medical issues make them known to us well before departure. We reserve the right in our sole discretion to accept, decline to accept, or remove any participant on a trip at any time during the trip due to medical or health considerations.
In the event of removal from a trip, refunds are not given. Hospital facilities or appropriate medical facilities or doctors are often unavailable and evacuation can be prolonged, difficult, and expensive.
We assume no liability regarding provision of medical care. Participants will receive appropriate health information and a Medical Certificate to be filled out and returned to us.
We reserve the right to take photographs or videos during the operation of any expedition or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on a trip, participant agrees to allow his/her likeness to be used by OneSeed and OneSeed-authorized third parties without compensation to participant. If participant prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the trip.
Copyright in all photographs, video, and related materials created by participant (“Adventure Materials”) shall belong to the participant upon creation. In the case of Adventure Materials voluntary provided to OneSeed or taken on OneSeed-supplied equipment, participant grants to OneSeed and OneSeed-authorized third parties a non-exclusive, worldwide, irrevocable license in any media now existing or subsequently developed for the following limited purposes: editorial use, promotion of the editorial use, promotion of OneSeed’s travel programs or promotion of the mission of OneSeed.
RESPONSIBILITIES OF PARTICIPANTS
Participant is responsible for understanding the conditions as described in the Trip Itinerary and selecting a trip in consultation with us that is appropriate to his/her interests and abilities, and for preparing for the trip by reading the Trip Itinerary and supplemental trip information in the pre-trip materials and for bringing the appropriate clothing and equipment as advised in those materials. Screening for fitness is made by our consultants during the confirmation of booking.
Participants furthermore agree to conduct themselves in a reasonable and appropriate manner throughout the expedition. Any participant who commits, attempts to commit, or incites others towards inappropriate conduct, including but not limited to, engaging in threatening behavior that puts others in reasonable fear for their safety, physically or verbally abusing staff or other participants, purposefully stealing or inducing physical damage of OneSeed’s or other travelers’ facility or equipment, as well as failure to follow verbal instructions of a staff member and adhere to OneSeed’s policies and procedures could result in forfeiture of the contract and removal of said breaching participant to the nearest secure location, at which point OneSeed relinquishes all contractual responsibilities. Said participants waive all claims to refunds or specific performances as a result of their misconduct.
GOVERNING LAW AND JURISDICTION
This Agreement shall be interpreted and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws principles. Any legal action or preceding arising, notwithstanding this agreement, will be brought exclusively in the federal or state courts located in the State of Colorado and the parties hereby irrevocably consent to the personal jurisdiction and the venue therein.
ASSUMPTION OF RISK, LIABILITY RELEASE AUTHORIZATION
This Assumption of Risk, Liability Release Authorization Agreement ("Agreement") is entered into between Participant and OneSeed Expeditions, LLC (referred to as “OneSeed”).
ACKNOWLEDGEMENT AND LIMITATIONS. Participant acknowledges and agrees that (1) OneSeed has the unqualified right to accept or decline, or to retain, any person as a tour member whether before departure or en route; (2) any expenses incurred by delays or events beyond the control of OneSeed is the sole responsibility of Participant; (3) the Participant's airline tickets, when issued, shall constitute the sales contract between the airline companies and the Participant; (4) children are the sole responsibility of parents and/or guardians of the children at all times during the trip; (5) risks on the trip include but are not limited to, the hazards of traveling in remote and/or mountainous terrain, accident or illness in remote places without readily available medical facilities, the forces of nature, the hazards of war, civil insurrection, terrorism and street crime, (6) airports, roads, railroads, highways, bridges, buildings and other man-made structures, as well as motor vehicles, aircraft and other conveyances associated with the trip may not be constructed or maintained up to standards customary in the United States, (7) it is the sole responsibility of the Participant to be familiar with and capable of handling the physical and/or mental demands associated with the trip, and (8) Participant has read, understands and agrees to all provisions contained in this Agreement.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. Participant acknowledges and understands that participation in the trip may involve risk of bodily injury or harm (including death) to Participant, or may involve risk of harm to the property of Participant. Participant acknowledges that s/he fully understands and appreciates the risk inherent in the trip, and Participant expressly and without limitation agrees that any and all risks and/or damage or destruction to property is fully and completely assumed by Participant. With a full understanding of the risks involved in the trip, Participant hereby expressly and completely releases OneSeed, their officers, directors, employees, agents or representatives, it’s payment transaction agent, agents or representatives from and against all liability, claims, lawsuits, damages or losses of any kind, known and unknown, which may be connected with, resulting from, or arising out of the planning, arranging or implementation of or participation in the trip by Participant, regardless of whether such liability claims, lawsuits, damages or losses are caused by the active or passive negligence of OneSeed. This release by Participant shall include all claims, lawsuits, damages or losses of any nature whatsoever, including but not limited to, all claims for bodily injury, personal injury, economic loss and property damage.
INDEMNITY. Participant and, if applicable, the parents guardians, or estate of Participant hereby agree to defend (including the payment of attorneys fees and costs), indemnify and hold harmless OneSeed, their officers, directors, employees, agents and representatives from and against any and all losses suffered by OneSeed, their officers, directors, employees, agents and representatives as a result of any claims, lawsuits or actions arising by third parties out of or in any way relating to participation in the trip by Participant.
RESPONSIBILITY/DISCLAIMERS STATEMENTS. OneSeed acts only as an agent for the various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services connected with this trip. Such services are subject solely to the terms and conditions of those suppliers releasing OneSeed from liability as their agent. OneSeed and its respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect, default of any company or person hired as an independent contractor to perform these services. Responsibility is not accepted for losses, injury, damages or expenses of any kind due to sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes.
All services and accommodations are subject to the laws and regulations of the country in which they are provided. OneSeed is not responsible for any baggage or personal effects of any individual participating in the tours/trips arranged by OneSeed.
Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
BINDING EFFECT OF AGREEMENT. This Agreement shall be binding upon all heirs, successors, representatives, parents, guardians of Participant.
GOVERNING LAW AND JURISDICTION. This Agreement shall be interpreted and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws principles. Any legal action or preceding arising, notwithstanding this agreement, will be brought exclusively in the federal or state courts located in the State of Colorado and the parties hereby irrevocably consent to the personal jurisdiction and the venue therein.
Please Complete, Sign and Date the Emergency Contact Information at the bottom of this Agreement. Individuals without a Competed Form Will Not Be Allowed to Participate in The Trip.
I have carefully read this Agreement and I fully understand its contents. I am aware that this is a release of liability and a contract between myself and OneSeed. I am signing this document of my own free will.