Before you book your travel adventure, you’ll want to read the Terms and Conditions found below. Almost every transaction we undertake in our busy lives, whether it’s getting a flu shot or making a major purchase, is subject to Terms and Conditions that are designed to protect all the parties. Every time we join a social network or purchase a piece of software, most of us click on “Agree” without thinking too much about it. There are inherent risks in almost every aspect of our daily lives, but adventure travel is unique. And you wouldn’t want it any other way.
Sure, a lot of traveling is just for the purpose of getting away from it all – kicking back and relaxing in the lap of luxury. We offer that, too. But adventure travel gives us those rare opportunities to experience exhilaration – riding the trails or fighting a glistening ten-pounder. That’s why you need to take the time to understand your responsibilities and ours. Read through these Terms and Conditions carefully, seek clarification if any item is unclear, sign and date your copy, and return it to us. Remember, if any member of your travel party is 18 or younger, a parent’s signature is required. Now get ready for the adventure of a lifetime.
Sweet Waters Adventure, LLC
Terms and Conditions
Sweet Waters Adventure, LLC (“SWA”) is a travel agent for a variety of travel adventures, events, activities, transportation and travel (collectively referred to herein as “Adventures”). Contained herein are its terms and conditions (the “Agreement”).
Itinerary Changes
SWA makes every reasonable attempt to accommodate its customers. Alterations in itineraries are sometimes necessary/desirable. You agree SWA has sole discretion and authority to alter the itinerary.
Rules and Regulations/Refunds/Delays and Cancellations
You agree to abide by all of the rules and regulations of SWA and of the carriers/operators of your Adventure. Failure to do so is a material breach of this Agreement. Each carrier/operator may, for any reason, refuse to accept you for the Adventure. You understand this is outside SWA’s control. Generally, full refunds are available in these situations. However, refunds are at the discretion of the carriers/operators. SWA may, at its discretion, assist you in obtaining refunds for unused portions of your Adventure or in other events in which you seek a refund. However, you affirmatively agree that SWA is not responsible for obtaining a refund or otherwise refunding money you have paid for your Adventure. Likewise, if you use a portion of the Adventure, but are unable to complete the Adventure due to illness, injury, weather, emergency, misbehavior or any other reason whatsoever, SWA is not responsible for obtaining a refund for your unused portion of the Adventure from the carrier/operator. In any and all circumstances, you agree SWA does not owe you nonrefundable deposits, commissions paid to SWA, any portion of unused or partially unused Adventures or any other refunds you desire. Occasionally, weather events, acts of God, emergencies or other circumstances result in delays or cancellations related to your Adventure. Additional costs may be incurred to overcome these delays and cancellations. You agree that you, and not SWA, will be responsible for any additional costs.
Pricing Changes
Quoted prices are based upon the current taxes, fees, exchange rates and other economic considerations. Because of these and other variables, prices are subject to change, without notice.
Waiver of Warranties
BY SIGNING THIS AGREEMENT, YOU AGREE TO WAIVE ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT SWA IS NOT THE WARRANTOR OF YOUR ADVENTURE AND DOES NOT WARRANT IT IS FIT FOR A PARTICULAR PURPOSE OR THAT IT OTHERWISE MEETS YOUR NEEDS AND DESIRES.
Policy of Personal Property and Valuables
You agree that SWA will not be responsible for theft, loss or damage of personal property while traveling to, while traveling from, or while on your Adventure. Please use discretion when selecting personal items you want with you and when leaving personal items unattended.
Notification of Personal Risk
Adventures sold through SWA (such as traveling, hunting, fishing, camping, hiking and boating) use varying levels of physical effort. There are inherent risks resulting from such activities. In any type of activity of any nature, there is risk for injury, illness and bodily harm (including accidental death). Participation in any Adventures sold through SWA involves risks, despite all safety precautions.
Waiver
- I affirmatively represent that I (or my child) am in sufficient physical and mental condition that will allow for participation in the Adventures I am/will/have purchased through SWA.
- I agree to assume all risks and hazards incidental to my (or my child’s) participation in any aspect of the Adventure purchased through SWA, and to hold harmless SWA, against any and all injuries, illnesses, costs, losses, damages and expenses (including attorney’s fees) which might result from my (or my child’s) participation in any activities or events of whatever kind or character and without limitation.
- By signing this agreement I understand that I, for myself (or my child), am waiving any claims, liens, demands or causes of action, which I (or my child) may now or in the future possess against SWA, its employees, officers, or agents, arising out of or in any way related to my (or my child’s) participation in any Adventure through SWA of whatever kind, without limitation.
Insurance
You are advised to provide yourself (or your child) with health insurance coverage. You are advised to consult with your health insurance carrier to ensure that you will be covered for injuries or illness related to your Adventure and in the locale of your adventure, as not all insurance coverage extends to all locations. You are further advised that SWA sells trip insurance that may also provide health care coverage. Said trip insurance is provided through a third party insurer and you agree that SWA is not responsible for the third party insurer’s acts or omissions. You agree to read the insurance coverage and understand the terms of the third party insurance prior to your Adventure. You agree that you have not relied upon any oral representations of SWA related to the trip insurance or the third party insurer.
Indemnity
I further agree to assume and to indemnify and hold harmless SWA from all suits, actions, proceeding, claims and assessments against SWA, and the costs and expenses incurred by SWA in the defense thereof, including reasonable attorney’s fees, incidental to or arising out of any negligent, wanton, reckless or intentional act I (or my child) may be alleged to have committed.
Waiver of Punitive and Other Damages
Both parties agree that in any judicial, mediation or arbitration proceeding or any claim or controversy between or among them that may arise out of or be in any way connected with this Agreement or an Adventure, in no event shall any party have a remedy of, or be liable to the other for, (1) indirect, special or consequential damages or (2) punitive or exemplary damages. Each of the parties hereby expressly waives any right or claim to punitive or exemplary damages they may have or which may arise in the future in connection with any such proceeding, claim or controversy, whether the same is resolved by arbitration, mediation, judicially or otherwise.
Choice of Law/Venue
This Agreement shall be subject to and governed by the laws of the State of Alabama. Should either party institute a legal proceeding against the other, the parties agree that said proceeding will be brought in the State or Federal Courts whose jurisdiction includes Mobile County, Alabama. All parties waive the right to object to the venue of a legal proceeding that complies with this provision.
Entire Agreement
This Agreement represents the Entire Agreement between the parties. The undersigned expressly agrees that he/she has not relied upon any oral representations.
Waiver of Jury Trial
PARTICIPANT, FOR MYSELF (OR MY CHILD), HEREBY WAIVES THE RIGHT TO A JURY TRIAL RELATED TO ANY CLAIM (1) MADE BY OR AGAINST SWA, (2) THAT ARISE OUT OF THIS AGREEMENT OR, (3) THAT ARISE OUT OF MY (OR MY CHILD’S) PARTICIPATION IN ANY ADVENTURE.
