The undersigned participant (“Participant”) in the Somewhere Devine Expedition (the “Expedition”), organized by Somewhere Devine, LLC (“Somewhere Devine”), hereby acknowledges and agrees to the following terms and conditions as a prerequisite to participation in the Expedition. By signing or electronically acknowledging this Agreement, Participant affirms they have read, understood, and voluntarily accepted its terms.
1. Acknowledgment of Risks and Assumption of Responsibility:
• Participant acknowledges that the Expedition involves inherent risks, including but not limited to physical injury, illness, death, property damage, financial loss, or delays due to activities such as travel, outdoor activities, environmental conditions, political instability, or third-party services (e.g., transportation, accommodations).
• Participant represents that they are physically and mentally capable of participating in the Expedition and have consulted with a medical professional to confirm their fitness for participation, if necessary.
• Participant assumes full responsibility for their health, safety, and personal belongings during the Expedition and acknowledges that Somewhere Devine is not responsible for providing medical insurance or covering healthcare costs.
• Participant agrees to bear all costs related to medical treatment, evacuation, or emergency services incurred during the Expedition.
2. Release and Waiver of Liability:
• With full knowledge of the risks and consequences, Participant hereby releases, discharges, and holds harmless Somewhere Devine, its agents, employees, officers, directors, contractors, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, liabilities, demands, or causes of action, whether known or unknown, arising from or related to Participant’s participation in the Expedition.
• This release includes, but is not limited to, claims for negligence, personal injury, wrongful death, property damage, financial loss, or any other harm, whether caused by the Released Parties or third parties, including other participants, vendors, or environmental factors.
• This release shall be binding upon Participant’s heirs, executors, administrators, and personal representatives.
3. Indemnification:
• Participant agrees to indemnify, defend, and hold harmless the Released Parties from any claims, losses, damages, liabilities, or expenses (including reasonable attorney’s fees) arising from Participant’s actions, negligence, or breach of this Agreement during the Expedition.
• This indemnification extends to claims brought by third parties, including other participants or entities, resulting from Participant’s conduct.
4. No Responsibility for Third-Party Services or Conditions:
• Participant acknowledges that Somewhere Devine contracts with third-party providers (e.g., airlines, accommodations, local guides) for certain Expedition services. Somewhere Devine is not responsible for any acts, omissions, delays, cancellations, or failures of these third parties.
• Participant understands that unforeseen circumstances, such as weather, political unrest, or other force majeure events, may disrupt the Expedition, and Somewhere Devine is not liable for resulting losses, injuries, or inconveniences.
5. Media Release:
• Participant grants Somewhere Devine a perpetual, royalty-free, worldwide license to use, reproduce, distribute, and display any photographs, videos, or other media capturing Participant’s likeness taken during the Expedition for promotional, marketing, or other business purposes.
• Participant waives any right to inspect or approve such media and releases Somewhere Devine from any claims related to its use.
6. Background Check Requirement:
• Participant agrees to provide a certified background check as a condition of participation in the Expedition, particularly for activities involving Mattaw Children’s Village Kenya, to ensure compliance with safety and regulatory requirements.
• Failure to provide a satisfactory background check may result in Participant’s exclusion from the Expedition without refund.
7. Prohibited Conduct:
• Participant acknowledges and agrees to abstain from consuming or possessing alcohol, illegal drugs, or any substances prohibited by Somewhere Devine or applicable laws during the Expedition.
• Violation of this policy may result in immediate removal from the Expedition without refund, and Participant assumes liability for any resulting consequences.
8. Non-Refundable Policy:
• Participant understands that, upon acceptance into the Expedition, all payments (including the initial 50% deposit and subsequent 25% installments) are non-refundable, regardless of Participant’s ability to participate, except as required by applicable law.
9. Legal Review and Understanding:
• Participant affirms that they have either consulted with a licensed attorney regarding this Agreement or have voluntarily chosen not to do so, fully understanding the legal consequences of signing.
• Participant acknowledges that they have had sufficient opportunity to read and comprehend the terms of this Agreement and agree that it is clear, unambiguous, and binding.
• Participant represents that they are of legal age (at least 18) and have the legal capacity to enter into this Agreement. If Participant is signing on behalf of a minor, they affirm they are the legal guardian and accept responsibility for the minor’s participation.
10. Governing Law and Dispute Resolution:
• This Agreement shall be governed by and construed in accordance with the laws of [Insert State/Country, e.g., “the State of Colorado, USA”], without regard to conflict of law principles.
• Any disputes arising from this Agreement or the Expedition shall be resolved through binding arbitration in [Insert City/State], conducted by a neutral arbitrator under the rules of the American Arbitration Association (or equivalent). Participant waives the right to pursue class actions or jury trials.
• Participant agrees to bear their own legal fees and costs unless otherwise required by law.
11. Compliance with Laws of the Expedition Destination:
• Participant acknowledges and agrees to comply with all applicable laws, regulations, and ordinances of the Republic of Kenya (the “Destination Country”) and any other jurisdictions visited during the Expedition, including but not limited to immigration, customs, criminal, and public health laws.
• Participant is solely responsible for obtaining necessary travel documents (e.g., passports, visas, vaccinations) and ensuring compliance with entry and conduct requirements of the Destination Country.
• Somewhere Devine is not accountable or liable for any illegal actions, violations, or misconduct committed by Participant during the Expedition, including but not limited to violations of local laws, arrests, fines, deportation, or other legal consequences. Participant assumes full responsibility for any penalties, damages, or costs resulting from such actions.
• Participant agrees to indemnify and hold harmless the Released Parties from any claims, liabilities, or expenses arising from Participant’s failure to comply with the laws of the Destination Country or any illegal conduct.
12. Severability:
• If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
