Full Terms & Conditions

Thank you for booking and/or traveling on a NOW Outdoors tour with NOW Outdoors LLC. (“NOW Outdoors”). These Terms and Conditions apply to any travel products and/or services purchased from NOW Outdoors, and govern the contractual relationship between you and NOW Outdoors with respect to any such travel products and/or services (hereinafter, the “Products”). All NOW Outdoors treks and tours are operated by NOW Outdoors. Please read these Terms carefully as by booking any Product with NOW Outdoors, or by traveling on a NOW Outdoors tour or Product you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking.

1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when NOW Outdoors, or an authorized agent acting on NOW Outdoors’ behalf, have received the applicable deposit from the Client and the Client has received written confirmation from NOW Outdoors of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by NOW Outdoors to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to NOW Outdoors that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with NOW Outdoors for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with NOW Outdoors.

2. MEDICAL CONDITIONS & MEDICAL FORM

All Clients are obligated to provide requested relevant medical information to NOW Outdoors upon booking their tour Product, and may be required to complete the NOW Outdoors Medical Information form. If – a Client(s) indicates that they have any pre-existing medical conditions which may have any impact on the Client’s ability to complete activities included in the tour Product, the Client’s ability to travel to remote areas removed from medical facilities, or which may have any impact whatsoever on the Client’s ability to travel or the travel experience of others on the Product tour – that Client must return a Medical Form, duly signed by a licensed, competent and practicing physician, to NOW Outdoors prior to or in conjunction with that Client’s final payment in respect of the applicable booking. The Client agrees to complete the medical form honestly, accurately and represents and warrants to NOW Outdoors that they will disclose all relevant medical information accurately and fully. NOW Outdoors will maintain the information in strict confidence, in accordance with the NOW Outdoors Privacy Policy. NOW Outdoors reserves the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products. NOW Outdoors reserves the right to deny any Client permission to travel or participate in a Product where NOW Outdoors, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients traveling with NOW Outdoors, or NOW Outdoors staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision. NOW Outdoors will provide a written explanation for any such decision upon request from the Client. In the event the Client has made a booking with NOW Outdoors and subsequently is unable to complete the required medical form for any reason by the deadline indicated above, NOW Outdoors reserves the right to treat such Client’s booking as canceled, and all applicable cancellation fees shall apply. Clients are responsible for assessing their own suitability and capability to participate in the tour Product such Client has booked. All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. NOW Outdoors encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with NOW Outdoors. NOW Outdoors does not provide medical advice. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. NOW Outdoors may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Adventure travel, as offered by NOW Outdoors, by its nature involves visiting remote areas or less developed regions, where medical facilities may not be readily accessible or meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which NOW Outdoors operates varies and NOW Outdoors makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.

3. SPECIAL REQUIREMENTS

NOW Outdoors will endeavor to accommodate the special requests of Clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and NOW Outdoors and NOW Outdoors is not liable for any failure to accommodate or fulfill such requests. Client Age Requirements: Clients aged 18 at date of first travel are deemed to be adults. On all Products an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). Unless otherwise indicated in the tour description, or otherwise by NOW Outdoors, the minimum age for Clients traveling on tours is 8 years. Minors: All Minor Client bookings are subject to review and approval by NOW Outdoors. If the consent of a parent or any other person is required by applicable law, judgment, or decree for any Minor Client to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. NOW Outdoors will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals. Each Adult on a booking with any Minor Client is joint and severally responsible for the behavior and wellbeing of all Minor Client(s) on such booking, and expressly accepts these Terms on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a booking with any Minor Client assumes all responsibility for supervising and monitoring such Minor Client(s). NOW Outdoors does not provide care services for Minor Client(s) and NOW Outdoors and its representatives expressly disclaim any responsibility for chaperoning or controlling any Minor Client(s).

4. INSURANCE FOR INTERNATIONAL TRIPS

CLIENT ACKNOWLEDGES THAT IS MANDATORY THAT ALL CLIENTS PARTICIPATING ON INTERNATIONAL TRIPS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$250,000 covering all applicable dates of any travel with NOW Outdoors and this insurance must cover personal injury and emergency medical expenses. Prior to each Product tour, a NOW Outdoors Tour Leader or other NOW Outdoors representative will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable NOW Outdoors Product.

5. PRICES, SURCHARGES AND TAXES

Due to the nature of Adventure travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. Tours are priced and advertised exclusive of applicable sales taxes. After a Confirmation Invoice has been issued by NOW Outdoors to the Client, NOW Outdoors reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes). NOW Outdoors shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section. Where the increase in price is greater than 7% of the price of the applicable Product, upon receiving notification from NOW Outdoors the affected Client(s) may elect to either:

(a) cancel the applicable Product booking without incurring any penalty; or

(b) accept the change of price.

The Client must notify NOW Outdoors of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase. From time-to-time NOW Outdoors may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by NOW Outdoors) are not entitled to the reduced pricing.

6. VALIDITY

All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with these Terms. Changes, revisions, or other amendments may be made to the particulars contained in any NOW Outdoors brochure or on the NOW Outdoors website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment. The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the NOW Outdoors website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details for the relevant Product tour as minor changes may have been made since the confirmation of booking.

7. DEPOSITS

Tours and Independent Tours: At time of booking any Product, a non-refundable deposit (varies based on tour) as applicable, per person per tour is due from the Client to NOW Outdoors. If the booking is made 45 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to NOW Outdoors or to the authorized Agent through whom the Client has booked, depending on the original form of booking.

8. CLIENT DETAILS REQUIRED FOR BOOKING

As a condition to valid confirmation of any booking with NOW Outdoors (including all Products and Expedition Trips) the Client must provide all necessary information as requested by NOW Outdoors along with their final payment. If the Client fails to provide such information prior to the day full payment is due in respect of the relevant Product, an Administrative Fee will be charged to the Client in respect of any costs payable by NOW Outdoors as a result of the Client’s failure to timely provide the required information. In addition, if the Client fails to supply required information for certain Product inclusions such as air or train tickets, Inca Trail permits, and other inclusions, Client shall bear all responsibility and liability for any failure to obtain or provide such inclusion due to the Client’s failure. NOW Outdoors also reserves the right to treat such booking as canceled and levy any cancellation fees deemed reasonable by NOW Outdoors, in its sole discretion, where Client has not provided full booking details as requested by NOW Outdoors by the relevant time. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients, or to NOW Outdoors’ authorized agent, during the booking process. NOW Outdoors will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Client.

9. AIRFARE

Product tour prices do not include international or domestic airfare or any other flights unless expressly mentioned in the inclusions. NOW Outdoors will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by NOW Outdoors or the applicable airline(s). NOW Outdoors acts only as a sales agent for the applicable airline and the terms and conditions of the air ticket apply to the purchase and use of such ticket. Please consult the air carrier’s applicable terms and conditions and/or conditions of carriage for important information regarding cancellation terms, limitations of liability, and other disclaimers. NOW Outdoors is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air tickets or flight status or delays.

10. FINAL PAYMENT & ACCEPTANCE OF BOOKING

Clients should refer to the confirmation invoice sent by NOW Outdoors and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due 45 days (unless stated otherwise) before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such a due date, NOW Outdoors may change the rate payable for the Product, or may treat the booking of such Product as canceled and shall retain the deposit paid on booking as a cancellation fee, at NOW Outdoors’ sole discretion. If a Product is booked less than 45 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice. NOW Outdoors is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to NOW Outdoors.

11. CANCELLATION BY THE CLIENT

A Client may cancel their booking by notifying NOW Outdoors or their booking Agent, where applicable. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by NOW Outdoors and are expressed hereinafter as a percentage of the total price paid for the canceled Product, excluding any insurance products. Cancellation for Trek or Tour Product: Initial deposit is non-refundable (a) Trip deposits will be refunded in full up to 7 days after they are received provided this time period does not occur after the deposit deadline. Trip deposits cannot be refunded after the deposit deadline. (b) Cancellation notices 60 days or more before Final Payment deadline: 50% of the funds paid towards the trip total excluding the deposit shall be refunded. (c) Cancellation received 45-59 days before final payment deadline: 25% of the funds paid towards the trip total excluding the deposit shall be refunded. (d) Cancellation less than 45 days before departure of first Product to depart in relevant booking: no refund of funds paid shall be available.

12. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY NOW OUTDOORS

NOW Outdoors guarantees all scheduled Product tour departures that have been booked by a Client and that meet the minimum required for departure, shall depart as scheduled (subject to reasonable itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least three Clients have confirmed booking upon it (secured, at minimum, via valid payment of a deposit). If a tour is canceled by NOW Outdoors before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:

(a) accepting from NOW Outdoors a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or

(b) accepting from NOW Outdoors a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from NOW Outdoors the difference in price between the price of the tour originally purchased and that of the substitute tour; or

NOW Outdoors is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the canceled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. NOW Outdoors reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, NOW Outdoors will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, NOW Outdoors will provide the Client a refund of unused Products or Product portions.

NOTE:

Please be advised that due to COVID19 pandemic and any subsequent pandemic/epidemic variants – there may be border closures, quarantine measures, changes in entry requirements, etc. We will do our best to change your trek to a different date if issues arise that are outside of our control on our end (this may or may not include Inca Trail permits – as the only time these have been transferrable to another date (not another name) is during the COVID19 pandemic). Please note you may also be required to show proof of a negative COVID19 test within 72 hours of departure and potentially a vaccination card once vaccines are widely available. As these terms change we will alert travelers to the new regulations.

13. TRAVEL DOCUMENTS

The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid 6 months past the last date of travel with NOW Outdoors), as well as all visas, permits and certificates including vaccination certificates, insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by NOW Outdoors which are a direct result of the Client’s failure to secure proper travel documentation. NOW Outdoors does not represent or warrant the accuracy of any information or advice given by NOW Outdoors regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. and Client agrees that NOW Outdoors is not responsible for any errors or omissions in such information.

14. FLEXIBILITY & UNUSED SERVICES

The Client acknowledges by booking a Product and/or agreeing to travel with NOW Outdoors that the nature of adventure travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by NOW Outdoors. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of NOW Outdoors and that NOW Outdoors is not liable to any Client for such changes or amendments. NOW Outdoors shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of NOW Outdoors, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.

15. CHANGES

Changes made by NOW Outdoors: Reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by NOW Outdoors, in its sole discretion. If NOW Outdoors makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, NOW Outdoors will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:

i) accept the Material Change and proceed with the amended Product;

ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);

iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or

iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).

The affected Client must notify NOW Outdoors or their travel agent of their decision within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary. Once a Product tour has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of NOW Outdoors. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that NOW Outdoors shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel. NOW Outdoors will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary. Changes made by the Client: Client is responsible for ensuring that information provided to NOW Outdoors in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Products. Any changes to the traveling Client’s name on any Product booking are subject to NOW Outdoors’ approval. Any changes to a file will depend on availability and will be on a request basis and subject to NOW Outdoors’ approval. Any extra costs incurred for making the change will be charged to the Client along with an administrative fee. No changes are permitted to any booking within 30 days of departure of the first Product to depart under the applicable booking.

16. CLIENT’S ACCEPTANCE OF RISK

The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ physical and/or mental health and safety. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it, by confirming their booking of such Product. The Client hereby assumes all such risk and does hereby release NOW Outdoors from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including NOW Outdoors travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries. Standards of hygiene, accommodation and transport in some remote areas or countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home, country, or region. The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with under-developed infrastructure. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that NOW Outdoors is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the NOW Outdoors (acting reasonably), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, NOW Outdoors may terminate that Client’s travel arrangements on any Product immediately without any liability on NOW Outdoors’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals. Clients agree that they are responsible for any costs incurred by NOW Outdoors, NOW Outdoors’ suppliers or NOW Outdoors’ partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Client while on tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a NOW Outdoors’ representative as soon as possible upon discovery by the Client. Client agrees to take all prudent measures in relation to their own safety while on any NOW Outdoors tour Product, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. NOW Outdoors, nor its Third Party Suppliers (as hereinafter defined) shall not be liable for any failure on the Client’s part to comply with safety instructions or recommendations of NOW Outdoors or its Third Party Suppliers. Client agrees to bring any complaints regarding a Product to NOW Outdoors as soon as possible in order to provide NOW Outdoors with the opportunity to address such complaints properly. Client agrees to inform the Tour Leader or other designated NOW Outdoors representative at the earliest opportunity, or to NOW Outdoors’ Customer Service department directly. NOW Outdoors assumes no liability for complaints that are not properly brought to the attention of NOW Outdoors with sufficient notice for NOW Outdoors to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by NOW Outdoors via its Agents or directly within 30 days of the end of the tour Product in question.

17. CLIENT EXPULSION POLICY

NOW Outdoors reserves the right to remove any client from any program at any time before or during a program including, trips, classes, and presentations organized by NOW Outdoors or third parties. NOW Outdoors expects that all participants voluntarily come prepared to put forth their best effort, try new things, work as part of a group, and follow instructions, especially where safety is concerned. Our Expulsion Policy is designed to support our mission of helping people become more skilled, more experienced, and more confident outdoors. NOW Outdoors guides and affiliates work to inspire, motivate, and teach participants new skills. Therefore, participants may be expelled from our programs or future programs. NOW Outdoors cannot compromise the safety of others or the overall program quality. Therefore, participants may be expelled from our programs or future programs. Removal from a program in progress for conduct issues may result in a forfeiture of tuition and all fees paid to NOW Outdoors LLC. Evacuation costs may also be billed. A NOW Outdoors participant may be removed from a program and/or required to leave early or banned from future programs if he/she is:

(a) Unable to provide required paperwork on time or meet payment deadlines

(b) Unwilling or unmotivated to participate as a member of the team

(d) Defiant, harassing or otherwise compromising the emotional safety of others

(e) Using illegal drugs during a course

Other behaviors that affect the safety of NOW Outdoors staff, volunteers, or participants, may also prevent an individual from completing the program.

18. NOW OUTDOORS IS NOT LIABLE FOR ITS THIRD PARTY SUPPLIERS

NOW Outdoors makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of local operators and/or subcontractors for the provision of travel services that form part of the product Tour(s). Although NOW Outdoors takes all reasonable care in selecting Third Party Suppliers, NOW Outdoors is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and NOW Outdoors does not warrant that any Third Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction. NOW Outdoors IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN NOW Outdoors AND ITS EMPLOYEES. For clarity, neither NOW Outdoors nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

19. LIABILITY

NOW Outdoors is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined). NOW Outdoors shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. NOW Outdoors cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by NOW Outdoors such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of NOW Outdoors or of the third-party suppliers of any services which form part of the Contract then NOW Outdoors limits its liability, where applicable by all applicable International Conventions. Notwithstanding anything to the contrary elsewhere in these Terms, NOW Outdoors shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability NOW Outdoors may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then NOW Outdoors liability will not exceed $500. NOW Outdoors will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against NOW Outdoors and its suppliers, contractors or other third parties.

20. IMAGES AND MARKETING

The Client agrees that while participating in any NOW Outdoors Product, images, photos or videos may be taken by other Clients and/or NOW Outdoors representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to NOW Outdoors, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

21. PRIVACY POLICY

NOW Outdoors must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services, and to assist in evaluating such Products. NOW Outdoors takes care to safeguard all Client information and protect the privacy of all of our Clients. NOW Outdoors collects, uses and discloses only that information reasonably required to enable us to provide the particular Product(s) that you have requested as described in the NOW Outdoors’ Privacy Policy. In particular, NOW Outdoors may share your information, as necessary, with our Third Party Suppliers and operators who deliver services or component parts of Product to Clients, in order to enable them to provide such products and services. All such Third Party Suppliers are bound by the terms of the NOW Outdoors Privacy Policy. By submitting any personal information to NOW Outdoors, Clients indicate their acceptance of the terms of NOW Outdoors’ Privacy Policy.

22. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void for any reason then such term or condition will be deemed severed from these Terms or amended to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

23. CONTRACT PARTIES & SUCCESSORS

These Terms shall endure to the benefit of and be binding upon NOW Outdoors and the Client and their respective heirs, legal and personal representatives, heirs, executors, estate trustees, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.

24. APPLICABLE LAW

The Contract and these Terms are subject to the laws of Wisconsin, USA and all Clients submit to the exclusive jurisdiction of the courts located in Wisconsin, USA for the resolution of any dispute under these Terms or concerning a Product.

25. AMENDMENTS

NOW Outdoors reserves the right to update or alter these Terms at any time, and shall post the amended Terms on the NOW Outdoors website. Any such amendment shall take effect 10 days following its posting to the NOW Outdoors website. The latest Terms, as amended, may be accessed any time on NOW Outdoors’ website or will be sent to Client upon written request to NOW Outdoors. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the NOW Outdoors’ website. NOW Outdoors recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.