PROGRAM TERMS AND CONDITIONS
The adult participant (“Participant” or “you” ) must read and sign these Program Terms and Conditions (“Terms”). In consideration of the services of Expedition Courage LLC, a Colorado limited liability company (“Expedition Courage”), you agree as follows:
I. Registration Procedures.
Expedition Courage will confirm the Participant’s registration in an Expedition Courage program after Expedition Courage receives: (i) these signed Terms; (ii) a signed Acknowledgment & Assumption of Risks and Release & Indemnity Agreement (“Risk Release”); (iii) a signed Health and Medical Information Form (“Medical Form”); and (iv) full payment of the cost of the program.
II. Waitlist.
We accept registrations until all spaces in a program are filled. After that, we maintain a waitlist of prospective participant names in the order that we receive them. We cannot place a prospective Participant’s name on the waitlist until we receive these signed Terms. If a space in the program becomes available, and we have confirmed receipt of these Terms, you will receive an email with the additional registration confirmation documents and request for payment.
III. Program Cost and Payment.
The program cost advertised by Expedition Courage includes guide services, food, group equipment, a yoga mat, a backpack, a tent, a sleeping bag, a sleeping pad, transportation during the program, and roundtrip transportation to and from the local airport as needed. Participants must bring their own clothing, outerwear, and backpacking gear (e.g., headlamp, water bottles, biodegradable toiletries, etc.). A gear list will be provided to Participant after enrollment. Expedition Courage will conduct a pre-program telephone or video conference with Participant to review the gear list and answer any questions. Please note, credit card processing fees may vary by type of credit card or service provider. Expedition Courage will charge a credit card processing fee for all payments made by credit card based on the actual credit card processing fee for each Participant. This fee will not apply if you pay by check. We appreciate your help in reducing processing fees.
IV. Cancellation and Program Alteration.
a. Cancellation by Participant.
i. Cancellation for Medical Reasons. If you cancel your registration in a program for medical reasons before the program begins, you must include a letter from your healthcare provider with your cancellation notice. In such a case, Expedition Courage will credit the full cost of the program towards the price of a future program, less a $200 administrative fee.
ii. Cancellations for Any Other Reason. If you cancel your registration for any other, non-medical, reason before the program begins, a portion of your payment may be used as a credit toward a future Expedition Courage retreat to be taken within one calendar year of your original retreat date. This credit is non-transferrable and must be credited toward the future registration of the original Participant. Fees will be assessed, and credits issued, based on the following cancellation windows:
Participant cancellation more than 90 days before the retreat start date will receive a full credit (100%) of the program cost toward another retreat.
Participant cancellation between 60-89 days before the retreat start date will receive a 75% credit of the program cost toward another retreat. You will forfeit 25% of the program cost.
Participant cancellation between 15-59 days before the retreat start date will receive a 40% credit of the program cost toward another retreat. You will forfeit 60% of the program cost.
Participant cancellation 14 days or less before the retreat start date will forfeit the entire program cost. You will not receive any credit for a future retreat.
Any forfeiture of the cost of the program is liquidated damages and not a penalty. Expedition Courage uses received payments to prepare for programs, pay its staff, and handle other costs associated with its budget and operations. It is impossible to ascertain the amount of actual loss or damages that would result if a single Participant cancels prior to the program. As a result, the program cost reflects a reasonable estimate of the costs Expedition Courage may incur in connection with the cancellation.
b. Cancellation by Expedition Courage. Expedition Courage may cancel a program at any time, and for any reason, in its sole discretion. If Expedition Courage cancels a program for any reason other than a Force Majeure Event, Expedition Courage shall refund the full amount paid for the program. If Expedition Courage cancels a program due to a Force Majeure Event, Expedition Courage may keep up to the full amount paid by each Participant for the program, but will use its reasonable discretion based on the circumstances and Expedition Courage’s legitimate business interests to determine an equitable way to handle paid amounts. For purposes of these Terms, a “Force Majeure Event” is any situation that is outside of Expedition Courage’s control and makes holding the program as originally intended impossible. Force Majeure Events include, but are not limited to: war or terrorism; civil unrest or emergency; economic collapse; governmental or other authorities’ laws, regulations, or other actions, including restrictions on travel; flood, fire, excessive smoke, extreme storms, or other natural disasters; and health threats, including disease outbreaks, epidemics, or pandemics. Expedition Courage will not be in breach of these Terms, nor shall Expedition Courage be liable for any losses, costs, or damages that result from a cancellation of the program due to a Force Majeure Event.
c. Alteration of a Program by Expedition Courage. Expedition Courage may alter a program’s dates, itinerary, or other details in its sole discretion. If Expedition Courage alters the program due to a Force Majeure event (for example, by changing program dates, locations, available activities, etc.), Expedition Courage shall notify you of the alteration as soon as practicable, and shall reasonably attempt to put on the program as altered. Considering its incurred costs, Expedition Courage may, in its sole discretion, refund some or all of the program cost paid to Expedition Courage. Expedition Courage will not be in breach of these Terms, nor shall Expedition Courage be liable for any losses, costs, or damages that result from an alteration of the program due to a Force Majeure Event.
V. Participant Dismissal, Withdrawal, Early Departure, and Delayed Departure. Expedition Courage reserves the right to dismiss (or not admit) any Participant if staff believe, in their sole discretion, that Participant presents a safety concern, presents a medical risk that is not subject to a reasonable accommodation, is disruptive, or otherwise conducts themself in a manner detrimental to the program. Expedition Courage will not refund or reduce the cost of the program if Participant is dismissed after the program begins. If Participant arrives late to the program, does not show up at all, or withdraws from the program early for any reason, Expedition Courage shall be entitled to keep the full cost of the program paid on behalf of Participant. You shall be responsible for all additional costs related to an early or delayed departure from the program whether due to health or medical reasons, dismissal, personal emergency, or otherwise. These costs include, but are not limited to, medical and evacuation costs.
VI. LIMITATION OF LIABILITY. If Expedition Courage alters or cancels a program before or after its start date regardless of whether Expedition Courage issues any refund - Expedition Courage is not responsible for any indirect, incidental, consequential, special, or other damages, costs, or fees Participant may incur (including, but not limited to, costs associated with locating substitute services, non-refundable airline tickets or change fees, equipment purchased for the program, or other costs).
VII. Program Rules and Participant Behavior. Participant must comply with the following rules while on the Expedition Courage program:
a. No Pets. Except for service animals that comply with applicable law, pets are not allowed.
b. No Smoking or Illicit Drug Use. Tobacco use in the form of smoking or chewing is not permitted. The use or consumption of marijuana, or other controlled substance (including, but not limited to narcotics and unauthorized prescription medication), or the possession of drug paraphernalia is strictly prohibited.
c. Alcohol and Vaping. Alcohol use and vaping are discouraged and will not be provided by Expedition Courage. Vaping is only allowed in designated areas to respect the personal space of other participants and to preserve each participants enjoyment of the outdoors. Alcohol consumption is discouraged during pre-programmed activities and while out in the field.
d. No Weapons. Personal weapons, including firearms, are not permitted. Multi-tools and pocketknives with blades 2.5 inches or less in length are allowed. Bear spray is not permitted. If the retreat location calls for bear spray, Expedition Courage staff or contractors will carry bear spray for the group.
e. Communication Devices. Participant may carry a smart phone, smart watch, cell phone, or other similar device during the program; however, Participant should limit use of these devices during the program to receive the full benefit of being in nature. Cell service and internet connectivity may not be available in remote locations.
f. No Early Departure. Each program has a carefully planned route and itinerary. Participant may only depart the program early in extreme circumstances.
g. Support a Positive Group Dynamic. Participant must behave in a manner that supports a positive, collaborative, and enriching group experience for all program participants. Abusive or harassing behavior of any kind is not tolerated. Participant shares in the responsibility for their own well-being, and for the well-being of other participants and Expedition Courage staff.
h. Leave No Trace. Participant must respect the natural environment by practicing “leave no trace” techniques during the program.
VIII. Text Message Authorization. I authorize Expedition Courage and its communication system provider to send text messages to the cell phone number(s) I have provided to Expedition Courage. Texts messages may relate to missing forms, payment deadlines, a credit card being declined, or other subject matter. I acknowledge that I may opt out of receiving text messages from Expedition Courage at any time.
IX. Lost, Stolen, or Damaged Property. Expedition Courage is not responsible for Participant’s lost, stolen, or damaged personal belongings. In addition, in Expedition Courage’s sole discretion, Participant will be held responsible for individual or collective damage to or loss of another’s property or equipment caused by the Participant, whether such damage is accidental, intentional, or due to a failure to follow instructions.
X. Internet Postings; Expedition Courage’s Protected Materials. Expedition Courage encourages Participant to talk about their experiences on the Expedition Courage program with others. At the same time, Expedition Courage expects Participant to respect our organization, and to not disparage Expedition Courage in postings on the Internet (websites, social media platforms, business review sites, etc.). We respectfully request that Participant contact Expedition Courage before posting any disparaging or negative comments regarding their Expedition Courage experience so that we may have an opportunity to address the concerns directly. Also, note that Expedition Courage’s website and other information contain copyrighted materials, trademarks, protected trade names, and logos/marks that are the sole property of Expedition Courage (collectively, “Expedition Courage IP”). Expedition Courage IP may not be copied, broadcast, disseminated, or publicized without Expedition Courage’s written permission (other than downloading or printing for personal use).
Participant Agrees: You have read, understand, and agree to these Terms. You agree to review all program materials, complete all required forms, and abide by the terms of those documents. You agree that Colorado law (without regard to its “conflict of laws” rules) governs these Terms and all other aspects of your relationship with Expedition Courage, contractual or otherwise, and agree that any lawsuit or other legal proceeding must be filed or entered into only in Jefferson County, Colorado, which shall be the sole jurisdiction and venue for any such proceeding. You agree to attempt to settle any dispute (not settled by good faith discussion) through mediation before a mutually acceptable Colorado mediator.