I, as a traveler on an Everything To Sea experience, understand and agree to the following:
1. I understand that Everything To Sea, their partners, and any companies acting on their behalf, along with their officers, directors, employees, agents, and authorized representatives (collectively referred herein as Everything To Sea) do not own or operate any entity which provides goods or services for my trip, including for example hotels; arrangements for, ownership of, or control over lodging facilities; trip directors; airline, ship, bus, or other transportation companies; local ground operators; visa processing services; providers or organizers of optional excursions; or food service or entertainment providers. I acknowledge that all such persons and entities are independent contractors and not employees of or employed by Everything To Sea. As a result, Everything To Sea is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party.
2. Without limitation, Everything To Sea is not responsible for any injury, loss, or damage to person or 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; force majeure; acts of government; acts of war or civil unrest, insurrection or revolt; strikes or other labor activities; criminal, terrorist or threatened terrorist activities of any kind; overbooking or downgrading of accommodations; structural or other defective conditions in lodgings (or in any heating, plumbing, electrical or structural problem therein); mechanical or other failure of ships or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely; dangers associated with or bites from animals, insects or pests; sanitation problems; food poisoning; epidemics, or the threat thereof; disease; lack of access to or quality of medical care; difficulty in evaluation in case of a medical or other emergency; or any negligent or willful act or failure to act of any third party, or for any other cause beyond the direct control of Everything To Sea.
3. I agree to release Everything To Sea and its personnel (the Released Parties) from, and agree not to sue the Released Parties for, any and all claims, of any nature related in any manner to my participation in an Everything To Sea trip, including, but not limited to, claims for negligence, breach of contract, breach of express or implied warranties, negligent or wrongful death or any statutorily based claim. I hereby unconditionally and unequivocally waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorney’s fees) on account of or arising out of any and all personal injury, death, bodily injury, mental anguish, emotional distress, property or other damage that I may suffer from any cause whatsoever related in any way to my participation in any Everything To Sea trip. I further agree to release and hold harmless the Released Parties from any and all decisions to cancel, modify or delay the trip as a result of acts of God, war (whether declared or undeclared), terrorist activities or threats of terrorists activities, instability in a destination country, incidents of violence, public health issues or quarantine or threats of public health issues, substantial currency fluctuations, strikes, government restrictions, fire or severe weather conditions, or any other reason that makes it impossible or commercially unreasonable in the sole opinion of Everything To Sea to conduct the trip.
4. I understand that travel in other nations is not similar to travel in my home country. Trips outside of my home country can involve inconvenience and risk, including, but not limited to, forces of nature, geographic and climatic conditions, different hygienic standards, infrastructure problems (including road maintenance, transportation delays and accommodation conditions), physical exertion for which I am unprepared, civil unrest, vandalism, crime, political instability and terrorism. Medical services or facilities may not be equal to standards in my home country. I am aware that medical services or facilities may not be readily available or accessible during some or all of the time that I am participating in the trip. I further understand that different parts of the world present unique health, disease, and safety concerns, and I agree to review any specific risks related to my destination by visiting the Centers for Disease Control and Prevention’s Traveler’s Health website at www.cdc.gov/travel. I further understand that Everything To Sea’s trips are active trips and may require participants to walk for long distances or extended periods of time. I acknowledge that I am voluntarily participating in these activities with knowledge of the dangers, delays and other problems that may arise in connection with the trip. I hereby assume all risk of bodily injury, death, emotional trauma, property damage, inconvenience and/or loss resulting from negligence or any other acts of any and all persons or entities, however caused, including, but not limited to, those risks mentioned above. It is my intention to fully assume all of the risks of travel and participation in the trip and to release Everything To Sea from any and all liabilities to the maximum extent permitted by law. I agree that this Release applies to and binds myself along with all personal representatives, executors, heirs, and family.
5. Everything To Sea shall have no responsibility for me whatsoever when I am absent from supervised trip activities or during non-supervised activities.
6. If I purchased an airfare package from Everything To Sea as part of my trip, my trip begins with the takeoff from the departure airport and ends upon completion of the flight back to the origination (or other arrival) airport. If I have purchased my own flights, I understand that my trip begins with my arrival at the first accommodation or transfer arranged by Everything To Sea on my itinerary and ends with my departure from the final accommodation arranged by Everything To Sea on my itinerary and does not include flights between cities.
7. The air carrier’s liability for loss of or damage to baggage or property, or for death or injury to person, is subject to and limited by the airline’s contract of carriage, its tariff, the Montreal Convention or Warsaw Convention and their amendments or both.
8. I understand and agree that Everything To Sea reserves the right to refuse or cancel my reservation at their sole discretion. In such event, standard cancellation guidelines as outlined in Everything To Sea’s FAQs on their website apply.
9. I agree to abide by Everything To Sea’s regulations and follow the directions of Everything To Sea’s personnel during my trip. I understand and agree that Everything To Sea may dismiss me from the trip at any time and at my sole expense for the failure to follow such rules or directions. I understand that my behavior, if deemed inappropriate, may constitute cause for dismissal, and I first may be given warnings before such dismissal occurs. Examples of inappropriate behavior include disruption of the group dynamic, unwillingness to communicate with Everything To Sea personnel, and nonconsensual behavior. I understand that in the event I am dismissed from the trip for any reason, I waive the right to a refund of any part of my trip price, and that Everything To Sea may then send me home at my own expense. Everything To Sea is not responsible for arranging my transport home.
10. I understand and agree that Everything To Sea may exclude me from participating in all or any part of the trip if, in Everything To Sea’s sole discretion, my condition renders me unfit for the trip or unfit for continuation once the trip has begun. Unfitness may include, without limitation, any behavior that regardless of its cause may constitute a hazard or embarrassment. In such case, Everything To Sea will not be liable for a refund of any unused portion of the trip. I understand that if I voluntarily decide not to participate in certain parts of the trip, no refunds will be made for those unused parts.
11. I agree to abide by all local laws when abroad. I understand that if I abuse or disobey such laws, even unintentionally, I waive my right to a refund of any part of the trip price and Everything To Sea may send me home at my own expense. I also understand that should local authorities be involved, I will be subject to the laws of the country I am visiting.
12. I understand and agree that if I become ill or incapacitated, Everything To Sea and its employees may take any action they deem necessary for my safety and well-being, including securing medical treatment and transporting me home at my own expense. Everything To Sea retains the right and has my authorization, in its sole discretion, to contact my emergency contact(s) with regard to health issues or any matter whatsoever that relates to my trip. In the event of a medical emergency, Everything To Sea will attempt to cause appropriate treatment to be administered, and I authorize Everything To Sea to do so. Everything To Sea, however, makes no warranty that it will be able to cause effective (or any) emergency treatment to be administered and Everything To Sea will not be responsible for monitoring any health care that I may necessitate. I agree that Everything To Sea is not liable for the adequacy or availability of any equipment or supplies that may be provided in conjunction with this trip, or for the adequacy or availability of any first aid or medical care, or the negligent provision of first aid or medical care by it or by its guides or agents, participants, or by any physician, emergency care facility or any other person.
13. I understand and agree that Everything To Sea has the right to make changes in trip itineraries and departure dates, and to modify transportation arrangements, including the use of substitute ships or airlines.
14. I understand that prices are subject to unforeseen surcharges or price increases due to currency, fuel, visas, etc., which, if imposed by ships, airlines, governments or others, will be separately billed prior to final payment date.
15. I understand that it is my responsibility to secure the necessary travel documents (e.g., passport, visas, travel authorizations, and medical test results) for all locations on my trip (including locations visited in transit – even if I don’t leave the aircraft or airport). I understand that it is my responsibility to ensure that the name on the travel documents matches the legal name on my photo I.D. and tickets. Failure to do either of these does not constitute grounds for a refund.
16. Everything To Sea is not responsible for loss of passports, airline tickets, or other documents, or for loss of or damage to luggage or any other passenger belongings. In the case of a lost paper airline ticket or missing a flight booked by Everything To Sea on my behalf, I acknowledge that I am solely responsible for meeting the airline’s requirements (both logistical and financial) for ticket replacement.
17. I understand that I will be required to arrive in any port of embarkation the day before a ship actually departs. If I fail to arrive on time for a ship’s departure, I agree to pay for any costs relating to me joining the ship, which includes speedboats and other forms of transportation.
18. I understand that I will be required to pay for any phone calls or incidental personal expenses that I incur at hotels.
19. I understand that I will be required to pay for any damage I cause to hotel rooms, ships, or other property.
20. I represent that I understand the physical requirements, pacing, content, accommodations, and other aspects of the trip upon which I have enrolled, and that I have discussed with Everything To Sea any limitations that may make it difficult or impossible for me to participate in this trip as designed.
21. I understand and agree that this Agreement as well as any other verbiage by Everything To Sea found on their website, in their emails, or in any other written form, constitute the entire agreement between Everything To Sea and me with reference to the subject matter herein, and I do not rely upon any promises, inducements or agreements not herein, including but not limited to any oral statements made to me by any agents or employees of Everything To Sea. This agreement may be amended or modified only in writing, signed by both parties. The waiver by Everything To Sea of any provision of this agreement shall in no way affect the remaining provisions of this agreement, and this agreement shall be interpreted as if such clause or provision were not contained herein.
22. I understand and agree that this agreement shall be governed in all respects, and performance hereunder shall be judged, by the laws of Washington, District of Columbia, USA. In the event of any claim, dispute or proceeding arising out of my relationship with Everything To Sea, or any claim which in contract, tort, or otherwise at law or in equity arises between me and the Released Parties, whether or not related to this agreement, all parties submit and consent to the exclusive jurisdiction and venue of the courts of Washington, District of Columbia, USA. I agree that should any issue arise, I will first contact Everything To Sea to discuss the dispute. I understand that Everything To Sea’s response times can vary due to the nature of the business (experiential, at sea, occasional limited phone and wifi), and therefore I will wait up to ten business days for a response before taking any other action, including legal and/or payment processor activity.
23. I understand that Everything To Sea will not, in any circumstances, share my personal information with other individuals or organizations without my permission, including public organizations, corporations or individuals, except when applicable by law. This pertains to any data that I’ve transmitted to Everything To Sea electronically, and any verbal information that I’ve chosen to share with Everything To Sea. I understand that no images will be taken of me by Everything To Sea, without my express permission having been given. Further, I understand that Everything To Sea will seek my permission before ever using such images in promotional materials. I understand and consent that if I give permission to use my images, Everything To Sea may use any photographic, film, digital or video likeness taken of me, and any of my photographic, film, digital or video content shared by me with Everything To Sea through any form for future publicity or marketing without compensation to me. I understand that Everything To Sea may also use any of my written comments, for future publicity or marketing without compensation to me.
In conjunction with the ESIGN Act passed in 2000, I agree to be bound by the terms of this Participation Agreement, and grant legal recognition to this document, which has been created, generated, sent, communicated, received or stored by electronic means.
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