Modified Sep 15th, 2025
I, the Participant, as an enrollee on a Hike The Way tour (or as parent or legal guardian of a participant on a Hike The Way tour who is under 18 or a minor under any other applicable law), understand and agree to the following:
- Independent Contractors. 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 and guides; 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.
- Events Beyond Control and Third‑Party Acts. 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 pandemics, including COVID‑19, 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.
- Release of Liability and Waiver of Claims. I agree to release Hike The Way, its designated representatives, and any accompanying tour guide (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.
- Travel Risks in Foreign Countries. 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.
- Active Walking Tour. I understand that Hike the Way’s walking tours are active tours and require participants to walk 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 represent that I understand the physical requirements, pacing, content, accommodations, and other aspects of the tour upon which I have enrolled as a participant, 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.
- Assumption of Risk. 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.
- Responsibility During Self‑Guided and Non‑Supervised Periods. Hike The Way shall have no responsibility for me whatsoever during a self-guided tour or a custom tour and, while on a guided tour, during non-supervised activities or whenever I am absent from supervised guided tour activities.
- Scope of Tour—Airfare‑Inclusive vs. Land‑Only. If I am a participant in an airfare-inclusive 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 am a participant in a Land Only tour, 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.
- Relationship to Booking Terms. I acknowledge that the commercial terms of my participation, including payment schedules, cancellations, rescheduling, service modifications, and pricing, are governed exclusively by the Terms and Conditions accepted by the booking holder. If my participation is part of a group booking, I understand that any consequences of my withdrawal or changes to my participation for the remaining travelers are likewise governed by those Terms and Conditions.
- Participant Conduct. I agree to abide by all rules, regulations, and directions provided by Hike The Way and any person designated by Hike The Way to act in a supervisory or guiding capacity during the 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.
- Exclusion for Unfitness. 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.
- Compliance with Local Laws. 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.
- Medical Treatment Authorization. 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.
- Travel Documents. 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 fulfill either of these responsibilities does not constitute grounds for a refund. Hike The Way is not responsible for loss of passports, airline tickets, or other documents. In the case of a lost paper airline ticket or a missed 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.
- Incidental Expenses and Damage Responsibility. I understand that I will be required to pay for phone calls or incidental personal expenses that I incur during the tour, as well as any damage I cause to hotel rooms, means of transportation or other property.
- Use of Photographs and Video. I agree to grant Hike The Way (and any third parties with whom they may engage in joint marketing) a worldwide, royalty-free, fully paid-up license to use photographs and video of you obtained during the tour by Hike The Way, its staff, contractors, or representatives, solely for our promotional and/or commercial purposes in printed and electronic media. I release Hike The Way and its representatives from any liability in connection with any use of such photographs and/or video. This consent does not require me to provide any images or content that I create to Hike The Way. I have read and agreed to Hike The Way's Privacy Policy (available at https://hiketheway.com/legal/privacy), and I consent to Hike The Way's processing of my personal data.
- Entire Agreement. I understand and agree that this Agreement and Hike The Way's Terms and Conditions (available at https://hiketheway.com/legal/) 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.
Governing Law. This agreement shall be governed in all respects, and performance hereunder shall be judged by the laws of the State of Texas. Any dispute shall be resolved in accordance with the dispute resolution provisions of the Terms and Conditions, including binding arbitration administered under the applicable rules or small claims court in Montgomery County, Texas.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I agree that if any portion is found to be void or unenforceable, the remaining portions shall remain in full force and effect, deletions or changes can be made to the release form upon express consent of Hike the Way, and signing it is a requirement for participating in the tour.
PARTICIPANT TRIP INTERRUPTION & TRAVEL PROTECTION (REQUIRED)
1) Travel Insurance Disclosure I acknowledge that:
a) I have been informed by Hike The Way about the availability and benefits of travel insurance, which can provide protection for risks such as trip cancellations, interruptions, travel delays, medical emergencies, accidents, and other unforeseen events.
b) I understand that Hike The Way does not sell or provide travel insurance directly and has recommended that I explore options through licensed insurance providers.
c) I understand the cancellation fees and potential financial risks associated with my tour booking, as outlined in the Terms and Conditions provided by Hike The Way. 2) Travel Insurance Selection Please select one of the following options by marking the appropriate checkbox:
_ I HAVE CHOSEN NOT TO PURCHASE TRAVEL INSURANCE. I confirm that I have chosen not to purchase travel insurance for myself and any minors in my care participating in a tour with Hike The Way. I understand that I may not hold Hike The Way, its agents or representatives responsible for any expenses or damages incurred by me as a result of delay or cancellation of my tour, accident, sickness, death, stolen property, or any other damages for which adequate travel protection insurance would have provided coverage.
_ I HAVE PURCHASED TRAVEL INSURANCE. I confirm that I have independently purchased travel insurance that provides coverage for risks such as trip cancellations, interruptions, delays, medical emergencies, accidents, and other unforeseen events for myself and/or any minors in my care participating in a tour with Hike The Way. My travel protection policy information is: Insurance Provider: Policy Number:
3) Final Acknowledgment and Signature
By signing below, I confirm that:
1. I have read and understood the Travel Insurance Disclosure provided by Hike The Way.
2. I have made my selection regarding travel insurance in Section 2 above.
3. I assume full responsibility for my decision regarding travel insurance.