Terms & Conditions
EXPECTATIONS: Bold Earth (BE) adventures are structured group activities which require positive, active and willing participation. BE trips are all within the ability range of the vast majority of average young adults who have the desire to participate. Participants must recognize their personal responsibility to the success of their trip. Ultimately, it is the responsibility of the parent to assess the appropriateness of BE programs for their daughter/son. BE cannot anticipate or eliminate risks or complications posed by participants’ mental, physical or emotional conditions. The majority of BE’s time and activities are structured and supervised, but participants will have some “free time” which does not involve constant supervision/surveillance. Participants must be able to assume responsibility for their actions and decisions. Participants whose parent(s) require them to be under constant surveillance should not apply.
Bold Earth contracts with organizations that are independent contractors (not employees or agents of BE) to provide some of the services and activities participants may engage in. BE has made extensive efforts to locate responsible contractors but does not supervise or control these contractors and is not legally liable or responsible for their conduct. Employees of independent contractors ARE NOT employees of BE. Participants and their parent acknowledge that they may independently investigate and assess these organizations, services and activities.
ASSUMPTION OF THE RISK: Participant and his/her parent or guardian understand and agree that BE contracts with, and that this Release and Indemnity Agreement is intended to protect and include as additional released parties the following companies: Alaska Mountaineering School, Alaska Wildlife Conservation Center, Alaska Zoo,All-Outdoors California, Alpin Raft GmbH, Alpine Sports Rental, American Adventure Expeditions, Arkansas Headwaters Recreation Area, Aspen Center for Environmental Studies, Australia Zoo, Backcountry Outfitters, Boys & Girls Club, Breck Bike Guides, Cal-Wood Education Center, Centro Panamericano de Idiomas, Compagnie des Guides de Chamonix, Chugach State Park, Club Ed Surf School, Colorado Backcountry Biker, Colorado Fourteeners Initiative, Colorado State Parks, Déambules and subcontractors, Dolphin Bay Divers Retreat, European National and Regional Parks, Friends of Volcanoes National Park, G Adventures, Grand Canyon Trust Volunteers, Hawaii Volcanoes National Park, Hola Spanish Courses, I Bike Italy Inc., Jack’s Diving Locker, Kayak Adventures Worldwide, Kayak Connection, Kiko Johnson-Kitazawa, Kohala Center, Let’s Go Surfing Bondi, Manly Beach Surf School, Marin Surf Camps, Marin Outdoor Adventures,Meaningful Travels Abroad, Mokuwai Piko Poi Inc., Mountain View Boys and Girls Club, Nova River Runners, OARS West, Ocean Eco Tours, Ocean Sports, Outdoor Adventure Center, Osprey Rafting Company, Paddle Trek Kayak Adventures, Paragon Adventures LLC, PDG Bikestore, Plas-Y-Brenin, Pro Guiding Service, Quicksilver Cruises, Raging Thunder Pty Ltd, Fredrick Turner, Epic Days Coalition, Inc. DBA Rocky Mountain Outdoor Center, Sheri Griffith River Expeditions, Small World Journey, Southern Yosemite Mountain Guides, Trekking Hellas, Taronga Zoo, U.S. Forest Service, Utah Mountain Adventures, Veyo Pool Resort & Climbing, Watsonville Wetlands Watch, WOLF School, Whitewater Voyages, and Wild Mex.
LIABILITY RELEASE AND INDEMNITY AGREEMENT
Terms and Conditions:
Please read fully the Terms and Conditions below and initial one of the following:
I acknowledge that my child is voluntarily participating in this trip with the knowledge that there are inherent risks involved, including but not limited to: injury or death; negligence on the part of BE; negligence on the part of any of BE’s agents, associates, employees, suppliers, independent contractors or others; negligence on my child’s part, physical exertion for which my child is not prepared; forces of nature, civil unrest, acts of terrorism, criminal activity, force majeure, transportation accidents, whether by plane, train, auto, bicycle, or other conveyance, or by foot or other form of active or adventure travel; risks associated with food or impure water; breakdown of equipment; high altitude; inclement weather; lack of or limited access to medical attention; inadequacy of medical attention once provided; and lost, stolen or misplaced luggage or any other property. I recognize that such risks may be present before, during and after the trip in which my child is participating under the arrangements made by BE and its agents and associates. I hereby accept all the responsibilities for my child’s safety and welfare notwithstanding the inherent risks involved.
I acknowledge that in exchange for payment of the cost of the trip selected and by executing this Trip Release Liability and Assumption of All Risks, my child is allowed to participate in such trip. Therefore, as lawful consideration for the right to participate in the trip, I and my child hereby fully assume responsibility for my child’s welfare and accept any and all risks associated with the trip of delay, inconvenience, unanticipated events, mental or physical illness or injury or death, and do hereby release and discharge BE and its parent, affiliated companies, members, employees, associates, guides, partners, independent contractors and agents (“Released Parties”) from and against all liability, actions, claims, including claims for negligence, and demands for any damages resulting from my child’s participation in the trip.
I hereby release Released Parties from any and all liabilities arising from my child’s participation in the trip selected to the maximum extent of the law. I agree further that this Release and the obligations herein shall be legally binding upon me personally, all members of my family including all minors, my heirs and the heirs of all minors participating, successors, assigns and legal representatives. It is my intention that I am my child assume fully all the risks associated with this trip and to release Released Parties from any and all liabilities.
This Release and indemnity agreement is given in consideration of the services provided by Americas Adventure, Inc., DBA: “Bold Earth Teen Adventures” and its owners, officers, directors, employees and agents (collectively “BE”), as well as the contractors listed below or otherwise, in allowing participant to participate in the BE program. This Release and Indemnity Agreement contains a surrender of certain legal rights. Participant and his/her parent or guardian agree to release and not to sue BE with respect to any and all claims, liabilities, suits or expenses (including attorneys fees and costs) for any injury, damage, death, or other loss in any way connected with BE activities or participation in BE activities, including, but not limited to, claims arising from the conduct of BE or any of its independent contractors. I agree to indemnify and hold harmless BE with respect to any such claims, liabilities, suits or expenses (including attorneys fees and costs). This Release and Indemnity Agreement includes all claims resulting from BEs negligence (but not its gross negligence or willful misconduct), and includes claim/s for personal injury or wrongful death (including claims related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
ADDITIONAL RELEASED PARTIES: Participant and his/her parent or guardian understand and agree that BE contracts with, and that this Release and Indemnity Agreement is intended to protect and include as additional released parties the following companies: Alaska Mountaineering School, Alaska Wildlife Conservation Center, All-Outdoors California, American Adventure Expeditions, Arkansas Headwaters Recreation Area, Aspen Center for Environmental Studies, Australia Zoo, Backcountry Outfitters, Bioferien Castel Fizel, Boys & Girls Club, Breck Bike Guides, Cal-Wood Education Center, Centro Panamericano de Idiomas, Chugach State Park, Club Ed Surf School, Colorado Fourteeners Initiative, Colorado State Parks, Déambules and subcontractors, Dolphin Bay Divers Retreat, European National and Regional Parks, G Adventures, Grand Canyon Trust Volunteers, Grasshopper Adventures, Guies de Muntanya de l Alt Pallars, Hawaii Volcanoes National Park, I Bike Italy Inc., Jack’s Diving Locker, Kayak Adventures Worldwide, Kayak Connection, Kiko Johnson-Kitazawa, Kohala Center, Manly Beach Surf School, Marin Surf Camps, Meaningful Travels Abroad, Mountain View Boys and Girls Club, Nova River Runners, OARS West, Ocean Eco Tours, Ocean Sports, Outdoor Adventure Center, Paddle Trek Kayak Adventures, Paragon Adventures LLC, PDG Bikestore, Plas-Y-Brenin, Pro Guiding Service, Pylmon Languages, Quicksilver Cruises, Raging Thunder Pty Ltd, Roc Roi European Ski School, Rocky Mountain Outdoor Center (R.M.O.C.), Sheri Griffith River Expeditions, Southern Yosemite Mountain Guides, Stad Gentß, Surf GSD, Timberline Lodge at Mt Hood, Trekking Hellas, Taronga Zoo, Tui Tai Expeditions, U.S. Forest Service, Utah Mountain Adventures, Veneon Eaux Vives, Watsonville Wetlands Watch, WOLF School, Whitewater Voyages, and Wild Mex.
CANCELATION: BE reserves the right to cancel any trip due to low enrollment or any concerns regarding the health, safety and well being of our participants. BE reserves the right to change an itinerary at any time. BE is not responsible for any costs incurred in preparing for a program that is cancelled. A full refund or alternative options will always be offered.
RULES: BE has the right to terminate the participation of any participant who refuses to cooperate within the rules of BE and to initiate the logistical process of the participant’s departure, at the sole costs of the participant, if the parent/guardian and the emergency contacts cannot be reached. The use or possession of any form of tobacco, alcoholic product,illegal drug or firearm may result in the participant’s immediate dismissal and return home from the program and BE may conduct random searches of participants belongings from time to timeIf a participant leaves a program for any reason whatsoever (including, but not limited to, voluntary withdrawal, disciplinary infraction, illness, injury, ailment, or any other reason), there are no refunds unless Optional Tuition Insurance has been purchased.
COMMUNICATION: BE’s office can be reached 24 hours a day, 7 days a week while trips are in operation. BE leaders are in contact with the Colorado office on a regular basis. Direct communication with participants is limited during trips.
MEDICAL: Parent/guardians understand that they are required to have medical insurance for participant and are solely responsible for covering any and all of participant’s medical costs and expenses.
CHOICE OF LAW / ARBITRATION: Participant and parent/guardian understand and agree that Colorado law (without regard to its conflict of laws rules) governs the construction and interpretation of this document, any dispute they have with BE, and all other aspects of their relationship with BE. Participant and parent/guardian agree that any dispute concerning, relating to, arising out of or referring to the subject matter of this document, including the relationship between them and BE, shall be resolved exclusively by binding arbitration in Denver, Colorado, according to the then-existing Commercial Rules of the American Arbitration Association and the substantive law of Colorado.
INTERPRETATION: This document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this document is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions.
PERMISSION: Parent/guardian grants permission for the participant to participate in all activities organized by or through BE, to cross international borders and to use public and private transport. Parent/guardian authorizes BE to take and use participant’s photo or image for promotional purposes without recourse by or compensation to participant or parent/guardian. BE strives to be 100% paperless. Parent/guardian understands and agrees that email addresses will be used for BE communications. Parent/guardian agrees that all digital/electronic forms are legally binding.
I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon me, my participating minor child, spouse and other family members, and my heirs, executors, representatives and estate.