WildlifeSOS – Founder's Trip

Terms & Conditions

This agreement sets forth the Terms and Conditions to which participation in the Founder’s Trip is subject to.

Definitions:

“Attendee”

Attendee means a person that wishes to participate in the Founder’s Trip hosted by WILDLIFE SOS to generate awareness of WILDLIFE SOS’s programs. Further referred to as “Attendee”and “Attendees”.

“Founder’s Trip”

Founder’s trip means a tour of WILDLIFE SOS’s facilities, visits and various activities prepared for awareness of WILDLIFE SOS’s programs to be conducted on WILDLIFE SOS’s overseas locations in India. Further referred to as “Trip” or “Founder’s Trip”.

“WILDLIFE SOS”

WILDLIFE SOS means WILDLIFE SOS non-profit organization which was established to make lasting changes to protect and conserve India’s natural heritage, forest and biodiversity. We actively work towards protecting wildlife, conserving habitat, studying biodiversity, conducting research, and creating alternative and sustainable livelihoods for erstwhile communities that depend on wildlife for sustenance.

“Effective Date”

Effective date means the effective date as set out in the Founder’s Trip Participation Form. 

Term and Termination

Term shall start from the Effective Date and end upon the last day of the Founder’s trip to which attendee is participating in. The dates of the Founder’s Trip shall be as per Annex A of the Founder’s Trip Participation Form. 

By executing the Founder’s Trip Participation Form, or by paying a deposit in consideration of participating in the Founder’s Trip, whichever is first, cancellations and refunds shall be as per the terms set out herein. 

  1. Cancellation requests and refunds shall be made in writing to the notification contact information set out in the Founder’s Trip participation Form. 
  2. Any cancellation from WILDLIFE SOS due to impracticability, impossibility, force majour, or other, will result in full refund of all fees including deposits to Attendee. 
  3. Refunds: In the event of a cancellation by the guest, Wildlife SOS will transfer 100% of the deposit and final payments to a future Founders’ Trip. In cases where a refund is requested, Wildlife SOS will retain the deposit but will refund remaining trip payment. 

Fees, payment terms, and excluded items

  1. Fees shall be as per Annex A of the Founder’s Trip Participation Form
  2. The non-refundable deposit as stated on Annex A of the Founder’s Trip Participation Form is non-refundable
  3. Full payment of the Founders Trip fees shall be paid by the date stated in Annex A of the Founder’s Trip Participation Form. Failure to complete such payment will result in forfeiture of the Deposit paid, and termination of the Agreement. 
  4. Payments shall be made as set out on Annex A of the Founder’s Trip Participation Form
  5. No acceptance criteria
  6. Excluded items not included in the fees, and responsibility of Attendee:
    1. Transportation to Founder’s Trip location, including but not limited to Airfare, taxi, and other means of transport. 
    2. Personal fees and expenses incurred on in preparation of participating in the Founder’s Trip. 
    3. Procuring of passports, visas, and entry permits necessary to participate in the Founder’s Trip due to the international nature of the activity. 
    4. Insurance of any kind including but not limited to: medical, life, accident, kidnapping and ransom, travel, and others as deem appropriate and applicable by Attendee. 

Terms of Participation

  1. Single supplement travel including sharing a room with a guest that is no your party is not allowed. 
  2. Attendee recognizes, represents and acknowledges that execution of this Agreement is a condition precedent to participating in the Founder’s Trip. 
  3. Attendee is over the age of 18 years and of sound physical and mental condition.
  4. If the Attendee is bringing a minor child to the Founder’s Trip, the minor shall be accompanied at all times by an adult Attendee. 
  5. Attendees of all ages must be in acceptable health to travel with WILDLIFE SOS. Acceptance of Attendee’s participation is subject to review of your Traveler Information. Medical clearance may be necessary to be presented by Attendee at the request of WILDLIFE SOS. Failure to present medical clearance if requested will result in cancellation of the Agreement without recovery of deposit. 

Indemnification

By entering into this Agreement, Attendee agrees to indemnify, defend, and hold harmless Wildlife SOS and each of their employees, officers, directors, agents, representatives and contractors from and against: a) any direct claim arising out of the participation of the Attendee in the Founder’s Trip; b) any third-party claims arising out of the participation of the Attendee in the Founder’s Trip; c) all liability costs, expenses, losses (including but not limited to reasonable attorney’s fees and all other professional costs and expenses) suffered or incurred by indemnitees arising out of or in connection of participation in the Founder’s Trip; d) gross negligence or willful misconduct by any party arising out of the participation in the Founder’s Trip; e) any negligent action or conduct during the Founder’s Trip, and which is alleged to have caused loss or damage to any party.

Waivers, Risks, Changes, Illness, and possibility of Death

Attendee acknowledges that travel (whether in developed or developing countries, or remote areas, and regardless of the transportation conveyance) and participation in travel and adventure activities (such as, but not limited to boating, snorkeling, trekking, hiking, and animal viewing) involves inherent risks including but not limited to possible risks of injury, trauma, illness, emotional trauma, inability to obtain timely access to medical services, general inadequacy of available medical services, frustration or disappointment in cultural differences, apparent lack of urgency and various inefficiencies, unanticipated factors that cause schedule changes, and the risk of being stranded, lost, scared or delayed in any portion of my journey, OR DEATH (OF MYSELF, A FAMILY MEMBER OR ANOTHER TRAVELER). Attendee has reviewed and carefully considered all of the materials provided to me by WILDLIFE SOS, including the Traveler Information and Waiver form, and had the opportunity to ask questions of WILDLIFE SOS representatives. Attendee is also aware that in developing nations such as many of those served by WILDLIFE SOS, the level of infrastructure development, sense of urgency, communications skills, attention to detail, quality standards, hygiene, political stability, cuisine, sanitation facilities, cleanliness, SAFETY STANDARDS, SAFETY FEATURES AND PRECAUTIONS, OVERALL LEVEL OF RISK and business practices, among other things, may be deemed far inferior to those found in most industrialized nations. In all cases, Trip members are responsible for comprehending all conditions stated and implied in the Trip itinerary and selecting a trip that is appropriate to their interests and abilities; for disclosing in writing any potentially relevant medical or health conditions to WILDLIFE SOS, for preparing for the Trip by reading the Trip itinerary and supplemental Trip information supplied by WILDLIFE SOS; for bringing appropriate clothing and related equipment and for following normal standards of personal hygiene and personal safety, as may be advised by the tour leader or local guides, in order to lessen the risk of all potential traveler diseases or injuries.

Attendee recognizes that overseas travel may increase risk of illness (including diseases not common in the United States, such as malaria), emotional trauma, injury AND DEATH (including, but not limited to, those which may be caused by negligence, forces of nature, or other agencies known or unknown; those caused or contributed to by auto and/or boating accident and the inadequacy and/or absence of safety devices, such as seat belts or flotation devices).

Attendee recognizes that risks may be present at any time before, during and after the Trip that Attendee is participating in with WILDLIFE SOS. Attendee  also acknowledges that adequate medical services or facilities may not be readily available or accessible during some or all of the time during the Founder’s Trip and that travel contains inherent risks of illness, injury OR DEATH including those described immediately above, and that evacuation, if necessary, and if available, can be prolonged, difficult and expensive.

Attendees are aware that travel requires compromise to accommodate varying personalities, wants, abilities and objectives of group members. Attendee agrees at all times to act in an appropriate social manner with my fellow Trip members and to act in an appropriate and respectful manner in accordance with the customs of all places visited. Attendee understands and accepts that, personal desires notwithstanding, the tour leader or guide may be required, based upon his or her experience and upon the wishes of the group members, to improvise and exercise his or her judgment and/or make good-faith decisions concerning the management of the tour. the Attendee further agrees to abide by any such decisions. WILDLIFE SOS and/or its local guides and tour leaders reserve the right, at their sole discretion, to ask a member to leave any group trip if, in the leader’s judgment, the person’s behavior or condition may risk the health, safety, or well-being of other Trip members or the individual themselves. Such behavior or condition includes, but is not limited to contagious diseases, injuries and behavior that the guide or other group members find threatening, or other offensive conduct. In such a case, it will be deemed a cancellation within thirty (30) days.

Attendee understand that due to the nature of the destinations to which WILDLIFE SOS organizes tours, and the necessity of the long lead times required to organize such tours, situations such as the following can and might be expected to occur: changes in tour leader or guide assignments; changes in sequence or timing of the itinerary; and/or changes in accommodations and/or transport, including but not limited to hotels, boats, ships, trains and automobiles. Attendee understands further that WILDLIFE SOS cannot guarantee exact adherence to any itinerary or itineraries that have been provided. WILDLIFE SOS may be required to make decisions to address the changed circumstances with or without providing me with advance notification. WILDLIFE SOS gives notice that all services and arrangements for transportation, accommodations, and all other services and arrangements related to this tour have been made by WILDLIFE SOS only as an agent for the various providers of tour and travel services, upon the express condition that WILDLIFE SOS is not liable and does not assume responsibility for any claims, damages, expenses or other financial loss whether to person or property arising out of any injury, accident, death, cancellation, delay, alteration, or inconvenience resulting from any act of any hotel, carrier, restaurant, or other company or person rendering any of the services included in the tour, or caused by weather, sickness, strikes, quarantines, crime, terrorism, acts of war, or the willful or negligent acts of any other tour members, or any other cause beyond our control. Accordingly, WILDLIFE SOS may alter any itinerary, arrangements, or dates, if it becomes necessary or advisable, due to such occurrences. If additional expenses are required by such alteration, each participant agrees to pay said additional amounts.

The Attendee understands and assumes all of the risks of travel. Attendee has reviewed the risks and requirements of the particular itinerary proposed for the Founder’s Trip, and affirm that I
am sufficiently healthy and prepared for the rigors of the proposed Trip. The attendee agrees to use his or her best efforts to successfully, responsibly, and safely participate in the Trip. The Attendee, hereby on behalf of himself, herself, and any family members, agents, and successors and assigns, waive any cause(s) of action and release WILDLIFE SOS and any of its officers, directors, employees, representatives, agents, successors and assigns (“Released Parties”), from any and all charges, demands, complaints, grievances, damages, costs, expenses, causes of action, actions, rights, benefits, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, definite, certain, or contingent that may arise during or in connection with the Trip except and to the extent of possible gross negligence or intentional misconduct by WILDLIFE SOS. This Waiver and release shall apply to any claim of injury to person or property, including but not limited to any personal injury, death, dismemberment, inconvenience or delay or disruption of services, suffered in preparation for, arrival at, during, or in departure from the Trip. WILDLIFE SOS expressly disclaims any responsibility for any physical or mental health issues of travelers or claims related thereto.

Attendee agrees to review the WILDLIFE SOS Travel Guide in detail prior to departure. Attendee acknowledges that ample time has been given to conduct own research, ask questions and obtain additional information from WILDLIFE SOS and elsewhere.

Attendee agrees  to assume certain specific risks as outlined in this document and realize that, in addition to assuming these risks Attendee is waiving his or her right to sue, and am releasing WILDLIFE SOS from liability for those risks.

Attendee has carefully read and understands the foregoing and having done so, Attendee accepts these Terms and Conditions voluntarily. Attendee also acknowledges that he or she has carefully read the Terms & Conditions, including the terms regarding cancellations and refunds, and agrees to be bound by all stated conditions therein. Further, the Attendee recognizes, represents, and acknowledges that acceptance of the Agreement is a necessary condition precedent of participation in the Founder’s Trip.

Secondary to the powers of my spouse/travel companion, to whom the Attendee has given full medical power of attorney, if the Attendee is unable to authorize his or her own medical attention, Attendee authorizes WILDLIFE SOS or its subcontractors or agents to authorize medical attention on Attendee’s behalf. Attendee agrees to hold harmless and release WILDLIFE SOS from any liability for medical attention authorized by them, their subcontractors or agents on my behalf. WILDLIFE SOS assumes no liability regarding provision of medical care or evacuation services. Any of our staff or subcontractors who may provide or seek emergency medical care on your behalf may not have had formal medical or first aid training and are acting only as a “good Samaritan.”

Use of Photographs

WILDLIFE SOS staff, volunteers, and other attendees guests on any trip will be taking photography and video. By participating in the Founder’s Trip, Attendee agrees and grants access to WILDLIFE SOS to make use of any and all media captured during the Trip. WILDLIFE SOS reserves the right to use this media to promote future travel/trips or programs of WILDLIFE SOS at its sole discretion making use of photographs and videos taken during Attendee’s participation in the Trip. Photos and videos may be edited, added to, taken from, copied, adapted, or translated as WILDLIFE SOS sees fit. By participating on the Trip Attendee agrees to allow use of images for any purpose. 

Choice of Law, Jurisdiction and Dispute Resolution

This Agreement shall be construed under and governed by the laws of the State of Utah, with personal and exclusive jurisdiction to the courts in Salt Lake County, State of Utah. The application of the United Nations Convention of Contracts for any International sales is expressly excluded. In the event that a dispute arises, Attendee agrees to submit such dispute to WILDLIFE SOS, which shall be reviewed and responded to no later than 90-days from submission. In the event that attendee doesn’t agree with the resolution, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally the costs of the mediation.

Severability of Provisions

If any of the terms of these Agreements or documents incorporated by reference is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will sever and delete the provision. In any event, all other terms, which remain valid and enforceable, will survive and remain in full force and effect.

Construction

Both parties had an opportunity to have counsel review these terms and conditions Therefore, the fact that WILDLIFE SOS’s attorney drafted the Agreement shall not be considered in construing any ambiguity.

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