Tour Participation Agreement

Updated on October 30th, 2019

I, as an enrollee on a Hike The Way tour (or as parent or legal guardian of an enrollee on a Hike The Way tour who is under 18 or a minor under any other applicable law), understand and agree to the following:

  1. I understand that Hike the Way LLC, their partners, and any companies acting on their behalf, along with their officers, directors, employees, agents, and authorized representatives (collectively referred herein as Hike The Way) do not own or operate any entity which provides goods or services for my tour, including for example hotels; arrangements for, ownership of, or control over houses, apartments, or other lodging facilities; tour directors; airline, vessel, bus, or other transportation companies; local ground operators; visa processing services; providers or organizers of optional excursions; or food service or entertainment providers. I acknowledge that all such persons and entities are independent contractors and not employees of or employed by Hike The Way. As a result, Hike The Way is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party.
  2. Without limitation, Hike The Way is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to: acts of God; force majeure; acts of government; acts of war or civil unrest, insurrection or revolt; strikes or other labor activities; criminal, terrorist or threatened terrorist activities of any kind; overbooking or downgrading of accommodations; structural or other defective conditions in houses, apartments, or other lodgings (or in any heating, plumbing, electrical or structural problem therein); mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely; dangers associated with or bites from animals, insects or pests; sanitation problems; food poisoning; epidemics, or the threat thereof; disease; lack of access to or quality of medical care; difficulty in evaluation in case of a medical or other emergency; or any negligent or willful act or failure to act of any third party, or for any other cause beyond the direct control of Hike The Way.
  3. I agree to release Hike The Way and my tour director (the Released Parties) from, and agree not to sue the Released Parties for, any and all claims, of any nature related in any manner to my participation in a Hike The Way-sponsored tour, including, but not limited to, claims for negligence, breach of contract, breach of express or implied warranties, negligent or wrongful death or any statutorily based claim. I hereby unconditionally and unequivocally waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorney’s fees) on account of or arising out of any and all personal injury, death, bodily injury, mental anguish, emotional distress, property or other damage that I may suffer from any cause whatsoever related in any way to my participation in any Hike The Way-sponsored tour. I further agree to release and hold harmless the Released Parties from any and all decisions to cancel, modify or delay the tour as a result of acts of God, war (whether declared or undeclared), terrorist activities or threats of terrorists activities, instability in a destination country, incidents of violence, public health issues or quarantine or threats of public health issues, substantial currency fluctuations, strikes, government restrictions, fire or severe weather conditions, or any other reason that makes it impossible or commercially unreasonable in the sole opinion of Hike The Way to conduct the tour.
  4. I understand that travel in other nations is not similar to travel in the United States. Tours outside of the United States can involve inconvenience and risk, including, but not limited to, forces of nature, geographic and climatic conditions, different hygienic standards, infrastructure problems (including road maintenance, transportation delays and accommodation conditions), physical exertion for which I am unprepared, civil unrest, vandalism, crime, political instability and terrorism. Medical services or facilities may not be equal to standards in my home country. I am aware that medical services or facilities may not be readily available or accessible during some or all of the time that I am participating in the tour. I further understand that different parts of the world present unique health, disease, and safety concerns, and I agree to review any specific risks related to my destination by visiting the Centers for Disease Control and Prevention's Traveler's Health website at www.cdc.gov/travel and the State Department's International Travel website at www.state.gov/travel. I further understand that Hike The Way's walking tours are active tours and require participants to walk for long distances and during extended periods of time. I acknowledge that I am voluntarily participating in these activities with knowledge of the dangers, delays and other problems that may arise in connection with the tour. I hereby assume all risk of bodily injury, death, emotional trauma, property damage, inconvenience and/or loss resulting from negligence or any other acts of any and all persons or entities, however caused, including, but not limited to, those risks mentioned above. It is my intention to fully assume all of the risks of travel and participation in the tour and to release Hike The Way from any and all liabilities to the maximum extent permitted by law. I agree that this Release applies to and binds myself and any minor child who I am enrolling as a parent/legal guardian, along with all personal representatives, executors, heirs, and family.
  5. Hike The Way shall have no responsibility for me whatsoever when I am absent from supervised tour activities or during non-supervised activities.
  6. If I purchased an airfare package from Hike The Way as part of my tour, my tour begins with the takeoff from the departure airport and ends upon completion of the flight back to the origination (or other arrival) airport. If I have purchased my own flights, I understand that my tour begins with my arrival at the first accommodation or transfer arranged by Hike The Way on my itinerary and ends with my departure from the final accommodation arranged by Hike The Way on my itinerary and does not include flights between cities.
  7. The air carrier's liability for loss of or damage to baggage or property, or for death or injury to person, is subject to and limited by the airline’s contract of carriage, its tariff, the Montreal Convention or Warsaw Convention and their amendments or both.
  8. I understand and agree that Hike The Way reserves the right to refuse or cancel my reservation at their sole discretion. In such event, standard cancellation guidelines as outlined in the Terms of Use apply.
  9. I agree to abide by Hike The Way's regulations and follow the directions of my tour director and Hike The Way's personnel during my tour. I understand and agree that Hike The Way may dismiss me from the tour at any time and at my sole expense for the failure to follow such rules or directions. I understand that in the event I am dismissed from the tour for any reason, I waive the right to a refund of any part of my tour price, and that Hike The Way may then send me home at my own expense. Hike The Way is not responsible for arranging my transport home.
  10. I understand and agree that Hike The Way may exclude me from participating in all or any part of the tour if, in Hike The Way’s sole discretion, my condition renders me unfit for the tour or unfit for continuation once the tour has begun. Unfitness may include, without limitation, any behavior that regardless of its cause may constitute a hazard or embarrassment. In such case, Hike The Way’s liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the tour. I understand that if I voluntarily decide not to participate in certain parts of the tour, no refunds will be made for those unused parts.
  11. I agree to abide by all local laws when abroad. I understand that if I abuse or disobey such laws, even unintentionally, I waive my right to a refund of any part of the tour price and Hike The Way may send me home at my own expense. I also understand that should local authorities be involved, I will be subject to the laws of the country I am visiting.
  12. I understand and agree that if I become ill or incapacitated, Hike The Way and its employees may take any action they deem necessary for my safety and well-being, including securing medical treatment and transporting me home at my own expense. Hike The Way retains the right and has my authorization, in its sole discretion, to contact my emergency contact(s) with regard to health issues or any matter whatsoever that relates to my tour. In the event of a medical emergency, Hike The Way will attempt to cause appropriate treatment to be administered, and I authorize Hike The Way to do so. Hike The Way, however, makes no warranty that it will be able to cause effective (or any) emergency treatment to be administered and Hike The Way will not be responsible for monitoring any health care that I may necessitate. I agree that Hike The Way is not liable for the adequacy or availability of any equipment or supplies that may be provided in conjunction with this tour, or for the adequacy or availability of any first aid or medical care, or the negligent provision of first aid or medical care by it or by its guides or agents, participants, or by any physician, emergency care facility or any other person.
  13. I understand and agree that Hike The Way has the right to make changes in tour itineraries and departure dates, and to modify transportation arrangements, including the use of substitute airlines. In the event of such changes, refunds will be given only in accordance with the provisions of the Terms of Use supplied.
  14. I understand that prices are subject to unforeseen surcharges or price increases due to currency, fuel, etc., which, if imposed by airlines or other suppliers, will be separately billed prior to final payment date.
  15. I understand that it is my responsibility to secure the necessary travel documents (e.g., passport and visa[s]) for all locations on my tour (including locations visited in transit – even if I don’t leave the aircraft or airport). I understand that it is my responsibility to ensure that the name on the travel documents matches the legal name on my photo I.D. and tickets. Failure to do either of these does not constitute grounds for a refund except according to the refund and cancellation guidelines as outlined in the Terms of Use.
  16. Hike The Way is not responsible for loss of passports, airline tickets, or other documents, or for loss of or damage to luggage or any other passenger belongings. In the case of a lost paper airline ticket or missing a flight booked by Hike The Way on my behalf, I acknowledge that I am solely responsible for meeting the airline's requirements (both logistical and financial) for ticket replacement.
  17. I understand that I will be required to pay for any phone calls or incidental personal expenses that I incur at hotels, as well as for any damage I cause to hotel rooms, buses or other property.
  18. I represent that I understand the physical requirements, pacing, content, accommodations, and other aspects of the tour upon which I have enrolled, and that I have discussed with Hike The Way any limitations that may make it difficult or impossible for me to participate in this tour as designed.
  19. I understand and agree that this Agreement and Hike The Way's Terms of Use constitute the entire agreement between Hike The Way and me with reference to the subject matter herein, and I do not rely upon any promises, inducements or agreements not herein, including but not limited to any oral statements made to me by any agents or employees of Hike The Way. This agreement may be amended or modified only in writing, signed by both parties. The waiver by Hike The Way of any provision of this agreement shall in no way affect the remaining provisions of this agreement, and this agreement shall be interpreted as if such clause or provision were not contained herein.
  20. I understand and agree that this agreement shall be governed in all respects, and performance hereunder shall be judged, by the laws of the State of Texas. In the event of any claim, dispute or proceeding arising out of my relationship with Hike The Way, or any claim which in contract, tort, or otherwise at law or in equity arises between me and the Released Parties, whether or not related to this agreement, all parties submit and consent to the exclusive jurisdiction and venue of the courts of the state of Texas.
  21. I understand and consent that Hike The Way may use any photographic, film, digital or video likeness taken of me, any of my comments while on the tour, any of my photographic, film, digital or video content shared by me with Hike The Way through any form for future publicity or marketing without compensation to me and to also use my contact information for future Hike The Way promotions. I have read and agreed to Hike The Way's Privacy Policy outlined at hiketheway.com/privacy, and I consent to Hike The Way's processing of my personal data.
  22. I understand that my enrollment on tour with Hike The Way is not complete until I have signed and agreed to the Terms of Use and this Tour Participation Agreement. By agreeing to this Tour Participation Agreement and Terms of Use on behalf of other travelers for whom I am completing the enrollment process, I represent that I am authorized to act on behalf of such individual(s) and I acknowledge and affirm that Hike The Way's reliance on my authority is reasonable. I agree to indemnify and defend Hike The Way for any claims arising out of any violation of this representation.