Terms & Conditions.

Effective Date: June 14, 2024

TOUR OPERATOR AGREEMENT

This Tour Operator Agreement (the “Agreement”), effective as of the last date countersigned (the “Effective Date”), is entered between Wander Where Adventures, LLC, an Arizona limited liability company (the “Operator”), and the person or persons listed as “Customer” in the signature block of this Agreement. All references to “you” or “your” under this Agreement mean Customer.

RECITALS

A. The Operator is in the business of facilitating international travel tours and related services at select destinations by and through itself or through third-party operators.

B. You desire to retain the Operator for the tours and services outlined in this Agreement and to attend related functions or events.

C. This Agreement strictly governs the terms and conditions of the services rendered by the Operator to you, and you agree to be bound by them as stated.

NOW, THEREFORE, in consideration for the above recitals, the good and valid consideration mutually agreed upon, and the terms, covenants, and obligations contained herein, the parties mutually agree as follows:

AGREEMENT

1. Tour Offering; Conditions of Tour.

(a) Tour Offering. The Operator will facilitate tour services for the destination and activities outlined in “Exhibit A” (the “Tour Package”). The Tour Package contains important information regarding your itinerary, including travel destinations, departure times, lodging information, and other related information. The Operator may send you an updated itinerary with more specific travel information before your departure date. You acknowledge that you have carefully reviewed the general itinerary in the Tour Package and agree to participate as offered, including descriptions concerning excursions, lodging, and associated fees. You cannot request changes to the Tour Packages once confirmed and accepted. Your signature below constitutes acceptance of the Tour Package and confirmation of related activities.

(b) Conditions of Tour. The following conditions strictly govern your responsibilities under the Tour Package and are conditions precedent to the performance of the Operator’s obligations under this Agreement (collectively, the “Customer Responsibilities”):

(i) The Tour Package is only available to adults over the age of 18. Minors will not be permitted to participate in this trip.

(ii) You must timely pay all fees and expenses outlined in the Tour Package, including any deposits. You will remain exclusively responsible for any non-covered third-party tour costs, upgrades, travel expenses, meals, personal expenses, and all other costs not expressly assumed by the Operator in writing. The Operator may require prepayment of non-covered expenses from third-party providers concerning the Tour Package as a condition of your participation.

(iii) You must complete the Customer Information Form in the attached “Exhibit B,” including a preferred emergency contact, which the Operator will maintain confidential and only use in connection with the provision of services under this Agreement. You represent and warrant that all information you provide to the Operator is truthful and not materially misleading. The Operator may request verification of additional supporting documentation necessary for your participation in the activities confirmed in the Tour Package.

(iv) You are exclusively responsible for and must comply with all international travel and domestic requirements, including tourist visas and permits (if applicable) and vaccination requirements. The Operator will not be responsible for any trip disruptions or cancellations due to your travel documentation or eligibility issues. The Operator will also not be responsible for procuring any travel documentation or permits on your behalf and makes no representations regarding your travel eligibility—which is your responsibility to confirm.

(v) You are exclusively responsible for your person and belongings while on tour with the Operator. Except as confirmed in writing, the Operator will not be responsible for any losses or damage to your person or property to or from any travel destinations or while participating in any related activities.

(vi) You must comply with the Operator’s directions and policies while participating in the Tour Package, including these Customer Responsibilities. You acknowledge that your failure to abide by tour policies may result in the termination of your package without a refund.

(vii) You will respect and abide by the laws of the localities that are a part of the Tour Package. The Operator will not be responsible for any legal or other consequences arising from your failure to comply with local laws. You also acknowledge that the Operator may be required under local laws to report the violation of certain laws and may do so without penalty to you.

(viii) You acknowledge that you are traveling with a group, and other participants are on the tour. In connection with this acknowledgment, you will respectfully treat your fellow participants and comply with the Operator’s non-discrimination policy as outlined in Section 11.

(ix) Some excursions outlined in the Tour Package may contain physically strenuous activities unsuitable for all participants. You must carefully consider your physical and mental condition (including limitations) when deciding what excursions to participate in. You are responsible for alerting the Operator regarding any physical conditions or issues that may impact your participation in these excursions. The Operator reserves the right to exclude your participation from any excursion due to intoxication or other visible or verbal indications of your inability to participate in any activity without penalty. To avoid doubt, you are not entitled to refunds for excursions that you elect not to participate in or that the Operator (at its reasonable discretion) determines you cannot participate in due to intoxication or permissible exclusions.

(x) You must comply with the schedules and timelines set by the Operator. The Operator will not be responsible to you for refunds or any other compensation if you deviate from the tour schedule and the tour continues without you.

(xi) You are responsible for conveying any special needs (including dietary restrictions) to the Operator. While the Operator may attempt to accommodate, it cannot guarantee accommodation to any specific request. The Operator also has no control over the offerings or accommodations from third-party groups, and it will remain your responsibility to convey any additional needs to third-party excursion providers that may be a part of the Tour Package.

(xii) You will be exclusively responsible for procuring and maintaining travel insurance plans or other protections for your persons and belongings while participating in the Tour Package. As detailed below, the Operator will not be responsible for any losses released under this Agreement.

2. Fees & Expenses; Cancellation and Refunds; Payment Disputes.

(a) Fees & Expenses. All covered costs and inclusions are outlined in your Tour Package and denominated in U.S. dollars. The rate specified in your Tour Package is non-negotiable, and all payments must be made in U.S. dollars and the manner specified by the Operator. Unless otherwise agreed to by the Operator in writing, you will pay a 10% deposit of the total tour costs upon the booking of the tour, with your spot being confirmed with the signing of this Agreement. With the balance due in monthly payments laid out in Exhibit B. All payments made up to the Operator’s deadline (the “Booking Deadline”) date will be used to book tour accommodations, transport costs, and other necessary arrangements. You acknowledge that your failure to timely remit all owed amounts may result in the cancellation of your trip and the forfeiture of your deposit.

(b) Cancellations and Refunds.

(i) You may cancel this Agreement within five (5) days of the Effective Date and request a refund of your deposit. You acknowledge that any cancellations by you after the preceding deposit refund period will result in the forfeiture of your deposit. If you cancel before the Booking Deadline, you may request a refund of all amounts paid to date (less your deposit if past the return period) or apply such amounts as credits towards a future Tour Package (if available). If you cancel after the Booking Deadline, you acknowledge that the Operator utilizes third party booking services and may not be entitled to any refund or credits. You understand that, after your departure date, you will not be eligible for any refunds after the commencement of the Tour Package. You hereby release the Operator from any liability arising from your delays in cancellation.

(ii) The Operator may cancel the Tour Package at any time before the start of the trip without penalty to you except for the full refund of all amounts paid to date. After the commencement of the trip, the Operator may cancel your Agreement at any time for your failure to comply with your Customer Responsibilities or other breaches of this Agreement without penalty or recourse to you. Under no circumstances will the Operator remain liable for any amounts paid by you to third parties in connection with the Tour Package.

(iii) Notwithstanding subsections (i) and (ii), the Operator reserves the right to issue discretionary refunds under certain circumstances.

(c) Payment Disputes. By entering this Agreement, you agree to waive any right to initiate a chargeback through your banking institution, credit card provider, or other payment provider. You will also be responsible to the Operator for the costs of bounced checks or other penalties affiliated with reversing payments or inadequate payment amounts. In the event of a dispute, you will remain responsible to the Operator for all resulting costs and expenses associated with the Operator’s collection efforts against you. You also acknowledge that the Operator may report your delinquent payments to collections and credit agencies, which may negatively impact your credit score and result in other legal consequences.

3. Changes in Itinerary. You acknowledge that while the Operator will endeavor to conform activities to your planned itinerary, the availability of excursions and activities remain subject to weather conditions, geopolitical conditions, and other matters outside of the Operator’s control. In connection with the preceding, the Operator may need to adjust the itinerary in the Tour Package to accommodate these outside factors while ensuring your safety and the activities planned to the extent possible. For example, the Operator may and will (with notice to you) adjust the itinerary to accommodate the needs, interests, health, or safety of the tour participants in the event of changed circumstances beyond its control that create a danger to the health or safety of participants or that otherwise threaten the successful completion of the trip. You acknowledge and hereby consent to any such necessary changes by the Operator and agree to release the Operator from any liability associated with the preceding. You also approve of the Operator’s authority to initiate such changes.

4. Third-Party Operators. You acknowledge that the Operator may utilize third parties in connection with the services offered in the Tour Package, including bookings and accommodations for travel and excursions. These third-party operators are not employees, agents, or contractors of the Operator, and you agree that under no circumstances will the Operator remain liable to you for the actions or omissions of these third parties, including, without limitation, for damage to your person or property or disruptions to the Tour Package. You agree to look exclusively to these third parties for any liability associated with any of the preceding and hereby release the Operator of any claims arising from their actions, omissions, or misconduct. You also acknowledge that the third parties may have separate terms and conditions for participation in certain activities or receiving accommodations and further agree that you will comply with these terms with the understanding that the Operator has no control over them. If you fail or refuse to comply with any third-party conditions and are refused service or accommodations, then you acknowledge and agree that the Operator will not be responsible to you for any refunds, damages, losses, or other liability arising from your failure or refusal to comply.

5. Insurance. You will be exclusively responsible for securing your travel and other insurance that you deem necessary to protect your persons and property in connection with the Tour Package, including trip cancellation insurance. You agree that you will first look to your own insurance for any damage or other claims affiliated with your losses during your tour and hereby waive subrogation against the Operator’s policies.

6. Waiver and Release of Liability.

(a) Disclaimers. The Operator is engaged in the business of facilitating tours, and none of the Operator’s employees are licensed or trained as medical or other professionals, meaning they cannot provide emergency services. In the event of an emergency, the Operator will endeavor (to the extent possible) to notify your emergency contact and contact relevant law enforcement agencies or emergency services providers; however, you acknowledge that: (i) emergency services may not be available due to the nature and condition of the circumstances giving rise to the emergency; and (ii) to the fullest extent permissible under applicable law, the Operator owes no express or implied duty of care or any other duty to you under these circumstances. You must notify the Operator of any serious medical conditions and will remain exclusively responsible for monitoring such conditions if electing to participate in the Tour Package.

(b) Medical Treatment Release. Notwithstanding subsection (a), you hereby authorize the Operator to secure (if necessary for your safety) and you hereby consent to any medical treatment that may be given to you by medical service providers if the Operator contacts emergency or medical services on your behalf. You hereby agree to accept full responsibility for all costs related to any such medical treatment (including any transportation costs), and you will release the Operator from the costs associated with any emergency or other services procured on your behalf. You also acknowledge that the Operator is not assuming any additional duties of care or otherwise to you by virtue of contacting emergency services or procuring medical treatments on your behalf.

(c) Assumption of Risk. Participating in international travel comes with a degree of risk outside of the Operator’s control that you must seriously consider, including, without limitation, changes in geopolitical conditions, turbulent weather conditions, acts of war and terrorism, lack of access to medical service, and other related matters. You must familiarize yourself with the potential risks of traveling to the designations outlined in the Tour Package. You acknowledge that these circumstances are outside the Operator’s control, and the Operator may not and cannot protect you from all tangible or intangible harm associated with these risks. Beyond travel-affiliated risks, there may also be health and other risks associated with the physical activities and excursions you are requesting to participate in. So, it remains your responsibility to ensure that you are physically and mentally fit to participate in the activities or excursions outlined in the Tour Package. You also acknowledge that any injuries you may sustain while participating in the tour may be compounded by negligent acts or delays in medical treatment or response. In connection with the preceding, you hereby agree: (i) to assume any and all risks associated with participating in the Tour Package and related activities; (ii) that, to the fullest extent permissible under applicable law, the Operator will not be responsible for any liability or harm from risks that you assumed under Agreement; (iii) your participation in the Tour Package and related activities is confirmation of your Agreement to assume the risks associated with such activities; and (iv) to expressly disclaim, to the fullest extent permissible under applicable law, any duty to warn, investigate, or inform you regarding any dangers or risks associated with such activities.

(d) Waiver and Release. You hereby agree, on behalf of yourself, your heirs, and your personal representatives, to fully and forever discharge and release the Operator and its affiliates and their respective partners, agents, operators, managers, employees, and representatives (the “Released Parties”) from any and all claims you may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to the risks assumed under this Agreement and your participation in the Tour Package and related excursions, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. You acknowledge and agree that this subsection is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, or property damage sustained by you while participating in the Tour Package or related activities.

(e) Covenant Not to Sue. You agree, for yourself and all your heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which you or your heirs may have as a result of any personal injury, death, or property damage you may sustain while participating in the Tour Package or related activities.

(f) Indemnification. You hereby agree to defend, indemnify and hold harmless the Operator and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorney’s fees) and costs of any kind for: (i) any infection, illness, personal injury, loss of life or damage to property sustained by reason of or arising out of my participation in the Tour Package or related activities; and (ii) your negligent, reckless, or intentional acts or omissions while participating in the Tour Package or related activities.

(g) Release Acknowledgement. THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS. BY YOUR SIGNATURE BELOW, YOU REPRESENT THAT YOU HAVE READ AND FULLY UNDERSTAND EACH OF THE PRECEDING PROVISIONS. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY AND FREELY ASSUMING THE RISKS AND DANGERS OF YOUR PARTICIPATION UNDER THE TOUR PACKAGE AND EXPRESSLY RELASING THE OPERATOR FROM ANY AND ALL LIABILITY FROM THE RISKS ASSMED AND MATTERS RELEASED OR INDEMNIFIED UNDER THIS SECTION.

7. Additional Limitations on Liability. To the fullest extent permitted under applicable law, in no event will the Operator’s aggregate liability arising from or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed three (3) times the total amounts paid by you to the Operator in connection with the Tour Package and related services or activities. You also agree that you may not seek any indirect, incidental, special, consequential, exemplary, or punitive damages (regardless of the form of action or theory of recovery, even if you have informed the Operator of the possibility of such damages) against the Operator and voluntarily waive such rights.

8. Force Majeure. The Operation will not have any liability to you for failure to perform or delay in performance of any obligations under this Agreement for any loss or damage due to delay, cancellation, or disruption caused in any manner by the laws, regulations, acts, or failure to act, demands, orders, or interpositions of any government or any subdivision or agent, thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond the control of the Operator, whether similar or dissimilar to the preceding.

9. No Representations from Operator. The Operator makes no representations (express, implied, or otherwise) regarding the Tour Package other than what is stated in this Agreement and expressly disclaims any claims of representations, warranties, or covenants concerning the same. Nothing under this Agreement should be construed as a guarantee of performance or strict adherence to the itinerary or schedule outlined in the Tour Package.

10. Customer Representations, Warranties, and Covenants. You represent, warrant, and covenant to the Operator, with the understanding that the Operator is materially relying on the same, that: (a) you are at least eighteen (18) years of age and competent to enter into this Agreement; (b) by your signature below, this Agreement is binding upon you and enforceable upon its terms; (c) you will comply with all reasonable directives given by the Operator to ensure your safe participation in the Tour Package; (d) you will comply with all Customer Responsibilities and other requirements of this Agreement; (e) all information provided by you is truthful and materially accurate; (f) there are no travel or other restrictions impacting your eligibility to participate in the Tour Package or travel to the destinations at issue; and (g) within fourteen (14) days of the departure date of the tour, you have not been sick or have not experienced any symptoms of any kind and that you have not been in contact with anyone sick or with disease symptoms.

11. Photograph and Image Release. This Agreement contains a media release, and by signing this Agreement:

(a) You hereby consent and grant to the Operator (including its subsidiaries, successor, affiliates, and assigns) permissible to: (i) take and create photographs, images, videos, recordings, quotes, summaries, and social media posts and captions of or about you (collectively, the “Media”); and (ii) edit, alter, copy, exhibit, publish, or distribute the Media for any lawful purpose, including, without limitation, publicity, copyright purposes, illustration, advertising, and website and social media content.

(b) You understand that: (i) all Media will become the exclusive property of the Operator and will not be returned to you; (ii) you waive any right to inspect or approve the finished product where your likeness appears; (iii) you waive any right to royalties or other compensation arising from or related to the Operator’s use of the Media; and (iv) the rights granted under this subsection will last in perpetuity.

(c) If you decide to create your own Media and tag the Operator on social media or other platforms, then you hereby give the Operator permission to reshare or otherwise publicize such Media consistent with the terms of this section.

12. Non-Discrimination. The Operator is committed to providing a safe and inclusive environment for all participants during the tour and has a zero-tolerance policy regarding any form of discrimination, harassment, violence, or harmful behavior based on race, ethnicity, gender, sexual orientation, gender identity, religion, or any other characteristic. Participants are expected to treat each other with respect and kindness to foster an atmosphere of mutual understanding and acceptance during the trip. In connection with the preceding commitment, you acknowledge and agree that the following actions are strictly prohibited: (a) racism or racial slurs; (b) homophobia or any form of discrimination based on sexual orientation or gender identity; (d) sexual harassment or unwelcome advances; (e) physical or verbal violence; or (f) any behavior or actions that create an unsafe or uncomfortable environment for others. By participating in the Tour Package, you hereby agree to abide by this non-discrimination policy, and the Operator reserves the right to take immediate action for any violations by you, including, without limitation, cancellation of your tour without refund or exclusion from related activities.

13. Miscellaneous.

(a) Complete Agreement; Binding Nature. This Agreement and the documents to be delivered pursuant to this Agreement supersede all prior negotiations, discussions, understandings, and agreements between the parties and constitute the sole and entire Agreement of the parties respecting the subject matter hereof. This Agreement is also binding upon the parties and their respective successors, heirs, and permissible assigns.

(b) Assignment. This Agreement is for the provision of personal tour services and may not be assigned by you to anyone else without the express written consent of the Operator, which the Operator may withhold in its sole and absolute discretion.

(c) Governing Law; Venue. This Agreement is governed by the laws of the State of Arizona without regard to conflict of law principles. The venue for all disputes concerning this Agreement must take place in Phoenix, Arizona.

(d) Mandatory Arbitration. The parties shall first attempt to resolve any dispute arising from or relating to this Agreement by mediation within forty-five (45) days of the dispute, with one (1) neutral mediator mutually agreed upon by the parties, and each party shall bear its own attorney’s fees and costs associated with such mediation. If the parties cannot resolve such dispute by mediation, then the parties shall submit the dispute to binding arbitration under the commercial rules of the American Arbitration Association, with one (1) arbitrator selected in accordance with such rules, or by the mutual selection of the Parties, with both parties equally sharing in the arbitrator’s fees. The arbitrator may grant any temporary, emergency, or other injunctive relief as appropriate under the circumstances; however, the arbitrator may not award special or punitive damages. The prevailing party to the arbitration may also enter any final arbitration judgment in any court having jurisdiction thereof.

(e) Attorney’s Fees. If there is any arbitration between the parties that arises out of or relates to this Agreement, the non-prevailing party to such action, as determined by the arbitrator, shall pay to the prevailing party all of the prevailing party’s reasonable attorney’s fees, taxable costs, and expenses. To avoid doubt, the prevailing party is also entitled to attorney’s fees, taxable costs, and expenses associated with compelling arbitration and domesticating or enforcing any arbitration awards, including prosecuting any related appeals.

(f) Waiver. The failure of a party to enforce any provision of this Agreement at any time, to exercise any election or option provided herein, or to require at any time the performance of any provisions herein, will not in any way constitute a waiver of such provision.

(g) Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and will continue in full force and effect.

(h) Modifications. This Agreement may only be amended, revoked, or otherwise changed pursuant to the parties' mutual written consent.

Contact Information

Wander Where Adventures LLC

5344 W Saguaro Dr.

info@wanderwhereadventures.com