NOTE: We'll have you sign and send a physical copy of this after your deposit has been received.
Crater Creations (fiscally sponsored by Mama Hope, a non-profit organization operating under the laws of the State of California), an LLC operating under the laws of the State of Florida, its employees, and agents ("Crater Creations") accepts (the "Participant") into the Crater Creations Impact Trips Program (“CC Trips”) in consideration for the Participant accepting the following terms and conditions (the "Terms") and attached Waiver of Liability as detailed below, and for paying the required funding as specified by the CC Trips itinerary and overview.
1. Participation Requirements. Unless otherwise specified, the Participant must be eighteen years or older to participate in an CC Trip. CC Trips are mentally and physically taxing excursions, and Participants must be adequately prepared for such strenuous conditions. To assure the Participant's safety, if Crater Creations or contracted tour guides determine before or during the Adventure that the Participant is not sufficiently fit, healthy, properly equipped, or able to complete the Adventure without affecting his/her safety or comfort, they may remove the Participant from the Adventure. This decision will be final and binding.
2. Reservations and Deposit. Places in CC Trips are subject to availability and will be allocated on a first come, first served basis for those who properly complete all booking requirements. To book an CC Trip, the Participant must submit a completed CC Trip Booking Form and a deposit. Deposits are counted towards the program fee and paid to our local tour guide vendor. The participant will be issued an electronic receipt to confirm payment of the deposit. Once accepted, the deposit will be viewed as non-refundable and Applicants will be considered CC Trip Participants upon signing these Terms and attached Waiver of Liability. Crater Creations reserves the right to decline any applications to participate in the CC Trips program, and bookings are non-transferable.
3. Program Fee. Each CC Trip has a mandatory program fee which covers the costs of the Participants Adventure. Program Fees are not tax-deductible. Program fees are due exactly two months prior to the start date of the Trip. If the Participant fails to submit their Program Fees on time Crater Creations reserves the right to terminate the Participants involvement in the Adventure.
4. Raising Funds. In consideration of the acceptance of registration for the CC Trip, the Participant agrees to collect the fundraising target for that Trip according to the payment schedule outlined in the CC Trip itinerary and to be personally responsible to Crater Creations for the difference if (s)he fails to collect the required funds immediately following this.
The Participant agrees that all funds raised under the auspices of Crater Creations will be given to Crater Creations and may not be used for any other charitable or personal purpose. If the Participant decides not to complete the Trip or is required to withdraw from it for any reason, Crater Creations will keep any funds deposited with it. All offline donations must be submitted to Crater Creations within 14 days of receipt. Crater Creations reserves the right to cancel Participant’s Adventure if it is suspected that funds are being withheld.
Funds raised by Participants will go directly towards Crater Creations and not towards the Participants Trip. Participants are responsible for the costs of international airfare, travel insurance, personal equipment, tips, overseas airport taxes, government imposed fees, visas, vaccinations, food and drink beyond that provided in the Trip Overview, personal spending money, and any other activities beyond the Adventure itself.
4. Amendments to the Trip Itinerary. During an CC Trip, itinerary details may be and often are changed at short notice due to changing weather patterns, wildlife movements, and other factors out of Crater Creations' control. Crater Creations has the right to amend the Adventure itinerary whenever it is deemed necessary or advisable as well as to change Trip dates should a certain percentage of Participants fail to meet their fundraising targets.
If Crater Creations must change the Participant's itinerary, it will notify the Participant as soon as possible. Crater Creations is not liable for any penalty charges associated with changing travel bookings to the departing airport or changing accommodation booked before the departure.
While Crater Creations makes every effort to secure suitable and reliable accommodation for its Trip Participants, it is possible that the Participant's reserved accommodation may not be suitable or available upon arrival. In such cases, Crater Creations will make every effort to provide accommodation of a similar standard in the same area.
Crater Creations and its contracted guides have the sole authority to alter the itinerary during the course of the Adventure. All such amendments are final.
5. Cancellations and Removal from the Adventure. Crater Creations has the right in any circumstance to cancel the Adventure, but will not do so less than six weeks before the scheduled departure date unless it is for reasons outside of Crater Creation’s control, as enumerated in Section 6 of these Terms. If Crater Creations must cancel the Participant's scheduled Adventure, the Participant may choose to enroll in an alternative Trip (but will be responsible for any increased costs associated with the alternative Trip or to forfeit his/her spot in the Trip tour.
If a Participant wishes to withdraw from the Adventure, (s)he must inform Crater Creations in writing of this decision. If the Participant withdraws from the challenge, (s)he forfeit his/her deposit, and any funds raised and deposited with Crater Creations will not be returned.
Participants must comply with the laws and regulations of the countries they visit and with all reasonable instructions of Crater Creations or the contracted guide relating to the safety and organization of the Trip. If Crater Creations, a tour guide, airline pilot, accommodation manager, country official, or other person in authority feels that the Participant is behaving in such a manner as to cause danger, distress or annoyance to herself/himself or others, or to cause damage to property, (s)he may be removed from the Adventure. In such an event, Crater Creations will have no liability to the Participant, will not refund any money to the Participant, and will not pay for any expenses the Participant incurs as a result of being removed from the Trip. Furthermore, a Participant removed from the Trip must reimburse Crater Creations for any expenses Crater Creations incurs as a result of the Participant's behavior.
6. Force Majeure. Crater Creations will not be liable or return any funds to Participants if an Adventure is negatively affected, cut short, or cancelled because of an event which Crater Creations could not, even with all due care, foresee or avoid. Such events include war, threat of war, riots, unexpected government actions (including legislation, ordinances and decrees), terrorism, industrial disputes, extreme weather conditions, natural or nuclear disaster, epidemics, fire, road closures, pilferage, quarantines, dangers incident to sea, land and air travel, closed or congested airports, and other similar incidents beyond Crater Creations’ control.
7. Insurance and Medical Concerns. Crater Creations requires all Participants to purchase travel insurance. In the case of a medical emergency, the Participant authorizes Crater Creations to arrange necessary medical treatment and to sign any required consent forms on the Participant's behalf to receive such medical treatment.
8. Liability. There are inherent hazards and risks associated with the CC Trips which takes place some distance from a medical facility. The Participant accepts such risks and chooses to proceed with the Trip. Participants participate in the Trip at their own risk and are at all times responsible for their personal possessions and liable for any losses they may incur traveling to and participating in the Trip.
The Participant understands and agrees that Crater Creations may not be held liable or responsible in any way for a Participant's injury, death, damages, or events that may occur as a result of the Participant's participation in the Trip.
The air carriers, hotels and other suppliers providing travel or other services for CC Trip are independent contractors and are not agents or employees of Crater Creations. Crater Creations is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting there from.
9. Media Release. The Participant agrees that any video, recordings, and/or photographs taken of the Participant by Crater Creations prior to, during, or after the Trip may be used in publicity material connected with the Trip and that Crater Creations will retain all rights, title and interest in these photographs, including but not limited to any royalties, proceeds, or other benefits derived from them.
10. Jurisdiction and Other Legal Information. The Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration under the rules of the American Arbitration Association.
These Terms and attached waiver constitute the entire agreement between the Participant and Crater Creations and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
By checking the box on the apply form, the Participant indicates that (s)he has read, understands, and agrees to the CC Trips Terms and Conditions.
Liability Release, Waiver, Discharge, and Covenant Not to Sue
This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, "Release"), made voluntarily by the I, _________ and individual residing in __________ (the “Participant”, or “Releasor”), on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Releasor," "I" or "me").
As the Releasor, having checked the box on the waiver form/signed below, I fully recognize that there are dangers and risks to which I may be exposed by participating in the Crater Creations Trip to Mt. Kilimanjaro (the "Trip"). As the Releasor, I understand that Crater Creations does not require me to participate in this Activity, but I want to do so despite the possible dangers and risks and despite this Release. With informed consent, and for valuable consideration received, including assistance provided by Crater Creations, as the Releasor, I agree to assume and take on myself all of the risks and responsibilities any way arising from or associated with this Adventure, and I release Crater Creations and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively, "Releasees"), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Trip, including any injury or harm to me, including physical injury and/or my death, or damage to my property (collectively "Liabilities"), and I agree to hold Releasees harmless from any and all Liabilities.
As the Releasor, I am aware of the behavior expected of me while participating in this Activity. I am aware that, as a participant, there is certain behavior that is unacceptable and could lead to possible disruption of my participation in this Activity. I am also aware that I must comply with all applicable laws. I agree to act in an appropriate and lawful manner at all times, including those times when I am in the company of other Activity participants, and those times when I am separated from such Activity participants.
As the Releasor, I recognize that this Release means I am giving up, among other things, all rights to sue Releasees for injuries, damages or losses I may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as myself. I also affirm that I have adequate medical and travel insurance to cover any medical assistance I may require. I agree not to participate in the Trip unless I am medically able, and I agree to abide by the decision of Crater Creations and its agents regarding whether I may participate in the Trip. I hereby represent and warrant that I have made Crater Creations aware of any relevant medical information or any other information which might be relevant, in the sole discretion of Crater Creations, to accept the Participant for participating in the Trip.
I agree that this Release shall be governed for all purposes by U.S. law for the State of Florida, without regard to such law on choice of law. The applicable jurisdiction for any legal action hereunder shall be the courts of Tampa County, Florida.
[Name of Releasor]