PURCHASE TERMS & CONDITIONS

DISCOVERY TREKS® LLC

ASSUMPTION OF ALL RISKS, RELEASE OF LIABILITY,
COVENANT NOT TO SUE AND INDEMNITY AGREEMENT

I (Guests) HEREBY ACKNOWLEDGE that I am aware that during the mountain, canyon, river or road trip vacation or expedition I am participating in, certain risks and dangers may arise, including and not limited to, the hazards of traveling in mountainous terrain, high altitude, undeveloped areas by hiking, horseback, raft, kayak, boat, plane, automobile, the forces of nature, civil unrest, terrorism and accident or remote regions without means of rapid evacuation or availability of medical supplies and facilities.

I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.

When booking a trip with Discovery Treks LLC I confirm and fully understand that I will not hold Discovery Treks LLC liable regarding the adequacy of any medical equipment, supplies or care that may be provided. I agree that if I am injured or become ill, Discovery Treks LLC and its employees, at my cost, may take any action that they deem essential for my safety and well - being. Such actions include, but are not limited to, arranging or supplying medical treatment, providing means for evacuation and any other medical services that they find necessary.

I am voluntarily participating in these activities with knowledge of the dangers involved and hereby accept responsibility to assume any and all risks including bodily injury, emotional trauma, property damage and death.

I acknowledge that participating in trips, excursions, hikes or tours may present health risks. I am fully aware that Discovery Treks LLC requires that I consult with my physician to determine if the trip, excursion hike or tour is appropriate for my current health and physical condition. By signing this Assumption of All Risks, Release of Liability, Covenant Not to Sue and Indemnity Agreement, I represent to Discovery Treks LLC that I discussed the matter with my physician and I have determined that the trip, tour, hike or excursion is appropriate in light of my health and physical condition.

AS LAWFUL CONSIDERATION for the agreement with Discovery Treks LLC to participate in such activities, I hereby agree that I will not make a claim against Discovery Treks LLC, its owners, officers, guides, staff or subcontractors, nor sue for bodily injury, death, emotional trauma, and/or property damage through my negligence or any other acts, however caused, as a result of my participation in the trip, vacation or expedition.

This Assumption of All Risks, Release of Liability, Covenant Not to Sue and Indemnity Agreement is entered into on behalf of all members of my family. This agreement is binding on my heirs, legal representative and assigns. If suit is brought or any attorney is retained by either Party to seek interpretation or construction of any term or provision of this Contract, to enforce the terms of this Contract, to collect any money due, or to obtain any money damages or equitable relief for breach, the prevailing Party shall be entitled to recover, in addition to any other available remedy, reimbursement for reasonable attorneys’ fees, court costs, costs of investigation, and other related expenses.

If through my negligence the camping equipment or automobile owned or rented by Discovery Treks LLC is lost of damaged, then I will be personally liable and responsible for the repair or replacement costs. I also agree to indemnify Discovery Treks LLC from any lawsuits or damages claims that may arise due to my negligence.

All registrations/applications are subject to acceptance by Discovery Treks LLC, who also reserves the right to cancel a trip at anytime.

I HAVE HAD AN OPPORTUNITY TO READ AND HAVE CAREFULLY READ THIS ENTIRE ASSUMPTION OF ALL RISKS, RELEASE OF LIABILITY, COVENANT NOT TO SUE AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS, AND AGREE TO THE SAME OF MY OWN FREE WILL. BY REGISTERING, I AM FULLY AGREEING TO THE POLICIES AND TERMS OUTLINED HEREIN ON BEHALF OF MYSELF AND ANY MINORS IN MY CARE.

Further Acknowledgements:

I further acknowledge the following and understand that these terms and conditions which may change from time to time can be found at www.DiscoveryTreks.com.

Cancelled Trips - Discovery Treks LLC reserves the right to cancel any trip offered because of inadequate sign - up or other cause that makes it infeasible for the scheduling of the trip. We will inform you at least 30 days prior to departure. In such a case, a full refund of Land Cost is given, but Discovery Treks LLC is not responsible for additional expenses incurred by guests preparing for the trip (for example: “non - refundable advance purchase air tickets”, clothing, equipment, visa fees if applicable, medical expenses). Discovery Treks LLC shall not be liable in damages or refunds and has the right to terminate this Agreement without advance notice for any delay or default in performing hereunder at any time leading up to or during a trip, if such delay or default is caused by conditions beyond its control including, but not limited to force majeure, government restrictions (including tribal rules), wars, terrorism, insurrections and/or any other cause beyond the reasonable control of the Discovery Treks LLC.  No refunds will be provided under these circumstances. Discovery Treks LLC also retains the right to sell or sub - contract your adventure to another authorized provider.

Health & Medical - It is of the utmost importance that all persons, especially those with known medical problems, secure medical clearance with their physician prior to undertaking a trip and notify us upon sign - up or well before the trip departure of issues. The trip leader has full authority to disqualify a guest at any time during the trip if he/she is physically or mentally incapable and could jeopardize themselves or the group. Refunds are not given under such circumstances.  Discovery Treks LLC does not provide access to any medications including aspirin, ibuprofen, naproxen sodium and acetaminophin.

Responsibilities of guest participation on trips - Trip guests have certain responsibilities to the trip leader and other guests. Discovery Treks LLC guests are responsible for understanding fully the conditions of the particular trip they have decided to join. This is especially true of our as these are strenuous adventures. You are fully responsible for all of your own equipment, supplies and possessions you bring on the trip and fully indemnify Discovery Treks against any claim arising from loss or damage to such. Further, the trip leader/guide has full authority to ask a guest to leave or not participate on departure day if further participation is deemed by the trip leader/guide to be potentially detrimental to the individual or the group. In such a case, the guest will not be refunded their fees paid. Please discuss honestly and clearly with our office staff, and guides, your limitations and/or concerns. The Trip Leader/Guide has full authority over items to be carried or transported on any Discovery Treks LLC trip and may refuse certain items.

Alcohol, Tobacco and Marijuana - Alcohol, tobacco and marijuana are not allowed on Discovery Treks LLC trips. Violation of this policy will result in immediate termination of a trip.  This may include guests being immediately removed from trips for failure to comply. Refunds are not given under such circumstances.  Costs for guests including but not limited to transportation and lodging will not be reimbursed by Discovery Treks LLC.

Weapons and firearms - Weapons and firearms (including any knife with a blade length exceeding 3.5 inches) are not allowed on Discovery Treks LLC trips. Violation of this policy will result in immediate termination of a trip.  This may include guests being immediately removed from trips for failure to comply. Refunds are not given under such circumstances. Costs for guests including but not limited to transportation and lodging will not be reimbursed by Discovery Treks LLC.

Use of Discovery Treks LLC Equipment - Trip guests are entitled to check out and use Discovery Treks LLC equipment when available for a Discovery Treks LLC guided trip. Discovery Treks LLC shall have sole responsibility for checking out and in all such equipment. In the case that you lose or damage (beyond normal wear and tear) said Discovery Treks LLC equipment, Discovery Treks LLC reserves the right to recover compensation for such equipment and invoice you or will charge your credit card if held on file.

Third Party Customer Service and Fees - Any reservations made by Discovery Treks LLC on your behalf of mules, horses, helicopter flights, airplane flights, railway transport, shuttle services, or rafting are provided by third party suppliers that may also require their own release of liability documentation. In case of health condition or other emergency, Discovery Treks LLC may arrange such services on your behalf however, you will be financially responsible for payment of such services.  Discovery Treks LLC is providing this booking and payment service as a courtesy to clients and is not responsible for the provision or operations of the services provided. The client should be aware that such services do not generally include accompaniment of a Discovery Treks LLC guide. Further, in cases where a guest chooses an alternate means of travel that separates the guest from the Discovery Treks LLC guide, guests may need to wait for multiple hours without access to shelter or services and without access to the company vehicle or supplies until the Discovery Treks LLC guide arrives. During this time, you understand you are voluntarily leaving the Discovery Treks LLC provided tour until rejoined by the Discovery Treks LLC guide.  Discovery Treks LLC reserves pack and riding animals for guests through the Havasupai tribe and is not responsible for the care of such animals.  In the case of medical or other emergency, Discovery Treks LLC reserves the right to safely evacuate guests from Havasu Falls by any means available.  Discovery Treks LLC retains the right to adjust guest pricing as a result of changes by third parties that affect the cost of an adventure.  These include but are not limited to changes in entry, camping or other access fees and changes in lodging, pack animal or other service fees.

Trip Payment and Cancellation and Travel Insurance (see specially labeled section for trips purchased through Groupon) - I hereby agree to the Discovery Treks LLC trip payment and cancellation policy and authorize Discovery Treks to charge my card as indicated herein. $350 per person is due with registration (unless it is less than 60 days before trip departure [or 120 days for large groups as defined below] in which case the full amount is due). Balance in full based on stated trip list price is due 60 days before trip departure [120 days for large groups as defined below]. In the case of day - hikes, where the total due is less than $350 per person, full payment is due with registration. If unable to make your trip for any reason, you may with Discovery Treks LLC approval transfer to an alternate trip date based on Discovery Treks LLC refund and rain check policy reflected in the following chart and also based on availability, but not later than 1 one year after the originally planned trip departure date. A $25.00pp re - booking fee will be charged at the time of re - booking. For approved re - scheduled trips, Discovery Treks LLC will charge to your account the cost of permits, penalties and/or other pre - paid, non - refundable arrangements that have been made on your behalf in good faith by Discovery Treks LLC . Additionally, it is understood that you are fully responsible for all trip expenses not expressly included in the package including, but not limited to; pack animal, horseback riding/rental, helicopter transport charges, emergency evacuation and guide gratuities. The policy on the chart below is based upon the number of days remaining until the start of the scheduled adventure at time of your cancelation. Penalty fees are calculated based on full adventure cost.  You may select either the refund option or the rain check option, not both.

Number of Days Remaining Cash Refund Policy One - Year Rain Check Available
>90 days 100% less $25pp processing fee YES - 100% of paid amount
45 - 90 days 10% penalty fee ($25pp minimum penalty) YES - 100% or paid amount
22 - 44 days 25% penalty fee YES - 90% or paid amount
15 - 21 days 50% penalty fee YES - 60% of paid amount
0 - 14 days No refund No rain check

For your protection we recommend you carry travel insurance. Due to the unforeseen circumstances that can occur, this would be a wise course to consider for your medical and financial well being as well as peace of mind. If you carry travel insurance, you must disclose such to Discovery Treks LLC and in such instances no refunds or rain checks will be granted.

In addition, you further authorize Discovery Treks LLC to charge your card for trip add - ons, including but not limited to pack or riding animal, rail, raft, helicopter and airplane support. You understand that Discovery Treks LLC is offering this service as a courtesy only and does not warrant nor guarantee the services of any third party provider. All payments for third party services are subject to the terms and conditions of such third party service providers. The refund and rain check policy shown herein does not apply to third party add - on charges which will be subject to the provider’s policies.

For Workshops, Large Groups and "Last Minute Specials"

Trip Payment and Cancellation and Travel Insurance (this section applies to large group trips over 12 people and workshops) - I hereby agree to the Discovery Treks LLC trip payment and cancellation policy and authorize Discovery Treks LLC to charge my card as indicated herein. For approved re - scheduled trips, Discovery Treks LLC will charge to your account the cost of permits, penalties and/or other pre - paid, non - refundable arrangements that have been made on your behalf in good faith by Discovery Treks LLC. Additionally, it is understood that you are fully responsible for all trip expenses not expressly included in the package including, but not limited to; pack animal, horseback riding/rental, helicopter transport charges, emergency evacuation and guide gratuities. The information on the chart below is based upon the number of days remaining until the start of the scheduled adventure at time of your cancellation. Penalty fees are calculated based on full adventure cost. You may select either the refund option or the rain check option when available, not both.

Number of Days Remaining Cash Refund Policy One - Year Rain Check Available (when avail)
>90 days 10% penalty fee ($200pp minimum penalty) YES - 95% of pre - paid amount
45 - 90 days 20% penalty fee ($350pp minimum penalty) YES - 90% of prepaid amount
31 - 44 days 50% penalty fee YES - 65% of prepaid amount
0 - 30 days No refunds No credit or rain check available

Where purchase is for a package offered that is for a workshop or other adventure with pre - determined and a limited date or set of dates, no rain check or credit is guaranteed. Always check with Discovery Treks LLC before cancelling.

For your protection we recommend you carry travel insurance. Due to the unforeseen circumstances that can occur, this would be a wise course to consider for your medical and financial well - being as well as peace of mind. If you carry travel insurance, you must disclose such to Discovery Treks LLC and in such instances no refunds or rain checks will be granted.

In addition, you further authorize Discovery Treks LLC to charge your card for trip add - ons, including but not limited to pack or riding animal, rail, raft, helicopter and airplane support. You understand that Discovery Treks LLC is offering this service as a courtesy only and does not warrant nor guarantee the services of any third party provider. All payments for third party services are subject to the terms and conditions of such third party service providers. The refund and rain check policy shown herein does not apply to third party add - on charges which will be subject to the provider's policies.