DISCLOSURE OF LIMITIATION OF EF ADVENTURES’ RESPONSIBILITY & LIABILITY

1. The operator of your tour program is EF World Journeys International, Ltd., a Swiss corporation.  EF World Journeys, Inc., a Massachusetts corporation, provides only marketing services to that company and does not provide any goods or services related to the tour.  Both companies are referred herein collectively as “EF Adventures.” 

2. EF Adventures’ responsibility for your tour program is strictly limited.  You tour program includes travel-related goods and services that EF Adventures purchases or reserves from various independent suppliers.  EF Adventures does not own, operate, or control any of the entities or persons that provide these goods or services, including but not limited to:  hotels, 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 additional excursions; food service providers; or other entertainment providers.  I acknowledge that all such persons and entities—including the Tour Director assigned to my tour program—are independent contractors and not employees of EF Adventures and are not subject to EF Adventures’ control.  As a result, EF Adventures is not responsible or liable for any injury, loss or damage to person or property, death, disease, sickness, delay or inconvenience in connection with the provision of any goods or services or arising from any negligent or willful act or failure to act of any such person or entity or of any other third-party.

3. EF Adventures may provide certain equipment for travelers’ use during the tour program, including bicycles, electric bicycles or climbing equipment.  EF Adventures has such equipment checked prior to distribution.  I acknowledge that, upon receipt of such equipment, I am in exclusive control of any such equipment, and am fully responsible for any modifications that I make and for checking and monitoring the equipment provided to me before and during each use.  I am responsible for notifying my Tour Director or an EF Adventurers’ representative if I have any questions about the proper use of the equipment, if I feel I cannot safely and proficiently use it, and in the event of any change in or concern about the condition of the equipment provided to me during my use.  I also acknowledge that even when equipment is maintained in good working order, breakdowns and failure of equipment can occur due to normal wear and tear and on account of road or other conditions outside of EF Adventures’ control. 

4. EF Adventures shall have no liability or responsibility for me whatsoever when I am not attending activities arranged by EF Adventures. This includes free time, visits to friends or relatives, special travel arrangements, or during stay-ahead / stay-behind or any optional periods or activities when not escorted by a Tour Director.

ACKNOWLEDGEMENT & ASSUMPTION OF RISKS

5. I acknowledge that EF Adventures’ programs are designed for active adults and their 16+ families looking for an adventure-based itinerary.  Such itineraries are designed to include activities that can be physically demanding and require the proficient use of equipment, including but not limited to road or mountain biking, hiking, climbing, and boating/rafting.  I understand that such activities include certain inherent risks that include but are not limited to: (i) injuries from falls, collisions, or slips, including those caused by fellow travelers; (ii) traffic-related accidents; (iii) breakdowns or failures of bicycles or other equipment; (iv) physical exertion for which I am not prepared; (v) inability to properly or adequately ride a bicycle; (vi) risks associated with modifications to provided equipment (i.e., optional or add-on equipment); (vii) dangers associated with water-based activities; (viii) dangers associated with or bites from animals, insects or pests; (ix) sanitation problems or impure water; (x) exposure to environmental risks and forces of nature, including high altitude sickness and heatstroke; (xi) food poisoning; (xii) equipment malfunction; (xiii) lack of availability of, access to, or quality of medical care; (xiv) difficulty in evacuation in case of a medical or other emergency; (xv) illnesses or allergic reactions, along with other inherent risks associated with adventure-style travel programs. 

6. I understand that travel and living conditions in other nations are different from that in the United States and that my tour program may include travel to and through remote or unfamiliar locations where conditions, facilities, resources, and infrastructure may be unavailable or inferior to those in my home country.  Such conditions 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 condition); civil unrest; vandalism; crime; political instability; and terrorism.  In some locations, medical services or facilities may not be readily available or available at all during part of a tour program and, if available, may not be equal to standards in my home country. 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 the destinations applicable to my tour program by visiting the U.S. Centers for Disease Control and Prevention’s Traveler’s Health website at cdc.gov/travel and the State Department’s International Travel website at travel.state.gov/. I also agree to discuss any such risks with my physician and to obtain any needed immunizations or vaccinations related to all locations of my tour program. 

7. I understand that the nature and philosophy of adventure-style tour programs requires a substantial degree of on-tour flexibility that allows for alternatives and modifications based on a number of factors outside of EF Adventures’ control, including weather events or delays, delays caused by other travelers in a group, sickness or injuries, border restrictions, flight or other transportation cancellations or delays, and other unforeseeable events.  Accordingly, I understand and acknowledge that EF Adventures reserves the right to make changes to the tour itinerary (including changes to the order of events, substitutions to planned activities or excursions, or modifications to length or routes of certain activities) and shall not be liable or responsible for the need to modify or cancel any part of the tour program or for any related costs. 

8. I understand and assume all risks of bodily injury, disability, death, emotional trauma, property damage, inconvenience and/or loss, however caused, resulting from my participation in the EF Adventures program, including the risks and hazards mentioned above and any injuries, losses, or damage caused in any way by the negligence or any other acts of all persons or entities.  It is my intention fully to assume all of the risks of traveling to and participating in the EF Adventures program and to release EF Adventures from any and all liabilities to the maximum extent permitted by law consistent with the Release of Liability, Indemnity, and Covenant not to Sue set forth below. 

 RELEASE AND LIMITATION OF LIABILITY; INDEMNITY & COVENANT NOT TO SUE

9. I agree to release, hold harmless, and indemnify EF World Journeys International, Ltd., EF World Journeys, Inc., and their parents, subsidiaries, affiliates, officers, directors, employees, insurers, volunteers, shareholders, independent contractors (including my program’s Tour Director), agents, and authorized representatives (collectively, the “Released Parties”) from, and I covenant not to sue the Released Parties for, any and all claims related in any manner to my participation in an EF Adventurers program, including but not limited to: claims for negligence; breach of contract; breach of express or implied warranties; negligent or wrongful death; and any statutorily based claim, to the fullest extent permitted by law.  I hereby unconditionally and unequivocally waive all claims and demands for damages, losses, costs, and expenses of any nature whatsoever (including attorneys’ fees) on account of or arising out of any personal injury, death, bodily injury, mental anguish, emotional distress, or property or other damage that I may suffer from any cause whatsoever related in any way to my participation in any EF Adventurers program to the fullest extent permitted by law.     

10. I agree to release the Released Parties from any and all decisions to cancel, modify, interrupt, or delay the tour program as a result of unforeseeable events that are beyond the reasonable control of EF Adventures that make the tour program impossible or impracticable to conduct, that are due to practical limitations applicable to the tour, or that are necessary for the quality of the tour experience or the safety of myself or my group.  

11. I further agree that this release of liability applies to and binds myself along with my family, personal representatives, executors, heirs, assigns, and successors.  If I am enrolling and agreeing to this agreement on behalf of my minor child, I represent and agree that the minor child must be aged 16 or over at the time of departure and that this release of liability applies to and binds my minor child. 

12. I acknowledge that the cost of all EF Adventures’ tour programs is based upon travelers agreeing to, executing, and abiding by this Release of Liability, Assumption of Risks, and Binding Arbitration Agreement.

TRAVELER HEALTH AND SAFETY

13. I represent that I do not have any physical or mental health condition(s) that will create a danger or hazard for myself, other participants, or any other person or organization related to the tour program.  I understand that EF Adventures’ tour programs involve strenuous physical activity, and it is my responsibility to determine whether the tour program is suitable for me.  I acknowledge that EF Adventures recommends that I consult with my physician before participating in the tour program.  I further agree to discuss any questions about the suitability of the tour program or any limitations or disabilities I have with a representative of EF Adventures at the time of enrollment and prior to tour departure. I acknowledge and agree that access, accommodations, and protections related to any such limitations or disabilities will be governed by the local laws applicable to the tour location and not those of the United States.

14. I understand that if I have food allergies, whether moderate or severe, I am responsible for monitoring and managing them and for informing all food suppliers. EF Adventurers will take reasonable steps to help ensure that suppliers are informed of known serious food allergies discussed with EF Adventurers but cannot guarantee that all requests will be accommodated. 

15. I understand and acknowledge that EF Adventures reserves the right to cancel my enrollment or to dismiss me from the tour program if, after enrollment on the tour program, EF Adventures learns of any undisclosed physical or mental condition or determines a lack of suitability for a chosen tour (i.e., inability to proficiently ride a bicycle or lack of fitness for a specified hike) that in the opinion of EF Adventures may endanger myself or others, puts me at risk while traveling to or participating in the tour program, or creates burdens or costs not required in order to support other participants in the tour program.

16. I understand and acknowledge that I am solely responsible for my pre-Program, Program, and post-Program medical care in all respects, including but not limited to obtaining and taking necessary medication(s), vaccinations, and any other medical care and treatment. I agree that I am solely responsible for paying for the costs and expenses of any such medical care, which may entail paying for such cost and expenses out-of-pocket and/or in advance and seeking insurance reimbursement after such medical care.  I acknowledge that EF Adventurers recommends that I obtain, at a minimum, international medical insurance that covers the full duration of the tour program. 

17. If I become ill or incapacitated while on the tour program, EF Adventures, its employees, my Tour Director, and any other representatives, contractors, or suppliers 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. EF Adventures retains the right, in its sole discretion, to contact my designated Emergency Contact or any parent/guardian or relative with regard to any matter whatsoever (including but not limited to: health issues, safety issues, legal issues, account balances) that relates to my tour program. I also understand and agree that EF Adventures may share my personal information as necessary to provide me with the tour program or to secure any medical treatment or care during the tour program. These rights supersede any and all privacy regulations that may apply and, to the extent applicable, I consent to and agree to waive any rights to object to such disclosure.  In the event of a medical emergency, EF Adventures will attempt to cause appropriate treatment to be administered, and I authorize EF Adventures to do so. EF Adventures, however, makes no warranty that it will be able to cause effective (or any) emergency treatment to be administered or to be timely administered, and EF Adventures will not be responsible for monitoring any health care that I may need.

TRAVELER BEHAVIOR AND RESPONSIBILITIES

18. I agree to abide by all rules, regulations, and directives of EF Adventures and/or its staff, and of those of any representative, contractor, or supplier during my tour program. These include but are not limited to prohibitions on the possession and/or usage of illegal drugs, overindulgent alcohol consumption, actions disruptive to the others associated with the tour program, damage to property, engaging in any criminal conduct, use or possession of any weapon or firearm, bullying, sexual harassment, or causing or threatening to cause physical or emotional harm to myself or another person.  I understand and agree that EF Adventures may dismiss me from the tour program at any time and at my sole expense for the failure to follow such rules or directives or for any other reason EF Adventures deems: threatening to my or another person’s health or safety; damaging to or undermining the tour program or tour experience; or negatively affecting the working relationship with any provider, supplier, institution, or government. I understand that in the event I am dismissed from the tour program for any reason, I will not receive a refund of any part of my tour cost and that EF Adventures may send me home at my own expense and is not responsible for arranging my transport home.

19. I agree to abide by all local laws, regulations, and governmental advisories for all locations of my tour program while abroad, including those concerning drugs and alcohol. I understand that if I abuse or disobey such laws, even unintentionally, I will not receive a refund of any part of the tour program cost and that EF Adventures 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.  Actions resulting in incarceration will result in immediate termination from the tour program, and I will not receive a refund of any portion of my tour program cost.  EF Adventures is not responsible for any legal fees or arrangements for legal counsel.

20. I acknowledge and agree that EF Adventures is not responsible for loss of passports, airline tickets, or other documents, or for loss of or damage to luggage or any other personal property.  

21. I acknowledge and agree that I am solely responsible for obtaining prior to tour program departure a valid passport, applicable visas and any other travel documents, as well as verifying and satisfying entry or transit requirements necessary for each country of travel on my selected tour itinerary. This may include required medical documents, testing, or proof of vaccinations.  I acknowledge that U.S. persons are required to have a passport for all trips outside of the U.S., which must be valid for at least six months beyond the completion date of the Program and have a minimum of 2 blank pages available in the passport. Entry laws differ with respect to participants’ citizenship. Non-U.S. citizens will need to contact the embassy or consulate of their destination and transit countries to ensure they meet specific entry requirements, regardless of which party makes the travel arrangements.  I understand that EF Adventures recommends that I apply for any necessary visas with a visa processing service.

22. I acknowledge and understand that EF Adventures is committed to providing an inclusive tour experience.  On my tour program, I understand that I will meet people who represent a variety of backgrounds and beliefs. Any behavior negatively impacting the group dynamics and ability of all travelers to fully participate may result in my dismissal from the program without any refund and sent home at my sole expense.

TRAVELER PRIVACY RIGHTS AND DATA PROTECTION

23. I have read and agreed to the Terms of Use and Privacy Policy outlined at [EF Adventures privacy policy].  I understand and consent to EF Adventures processing any of my personal data received by me in compliance with applicable data protection legislation for the purposes of completing my enrollment, customer service, the purchase of an offered travel protection plan and any associated claims handlers, and to provide me with the products and services related to my tour program.

24. EF Adventures or its representatives, affiliates, agents, contractors, or consultants may use any photographic, film, digital, or video likeness taken of me; any of my comments while on an EF Adventures tour program; any of my photographic, film, digital, or video content shared by me with EF Adventures through any format; and use my contact information for future publicity or marketing without compensation to me.

INDIVIDUAL ARBITRATION AGREEMENT, CLASS ACTION WAIVER & TIME LIMIT ON CLAIMS

25. The interpretation, enforcement, and applicability of this arbitration provision shall be governed by the U.S. Federal Arbitration Act, 9 U.S.C. § 1-16 and shall survive the termination or expiration of this Agreement.

26. In connection with any claim, dispute, or proceeding arising out of or relating in any manner to this Agreement, the tour program, or my relationship with EF Adventures, or any dispute or claim between the parties whether in contract, tort, or otherwise, or at law or in equity, whether or not related to this Agreement, I and EF Adventures hereby mutually agree to submit to mandatory, final, and binding individual arbitration.  This means the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued for any and all disputes between us and not to have such disputes decided by a court or a jury.  The parties mutually agree that the arbitration shall be before a single arbitrator, appointed under the procedures of the Comprehensive Arbitration Rules and Procedures promulgated by JAMS (unless the parties mutually agree otherwise), and shall be held exclusively in Boston, Massachusetts.  The arbitration shall be conducted and administered under such Rules (currently found at https://www.jamsadr.com/rules-download/). The arbitrator (and not a court or jury) shall decide all issues in or related to any such dispute or claim including but not limited to issues regarding the scope of the arbitrator's authority, arbitration procedures, legal fees, choice of law and location of the arbitration, the unavailability of class or collective arbitration, and all other issues regarding the application, interpretation, and implementation of this Agreement or of any issue in any dispute covered by this agreement.  Nothing in this Agreement is intended to deny or limit the jurisdiction and actions of any governmental department, agency, or other governmental body including but not limited to a law enforcement or regulatory agency.  The arbitrator's decision shall be final and binding.  The parties agree that any court of competent jurisdiction shall have the authority to enter a judgment upon an award made by the arbitrator or to confirm an arbitration award.  It is the intention of the parties that this arbitration clause shall not cover any dispute or matter that, by law, cannot be the subject of an arbitration agreement of this nature. THE PARTIES MUTUALLY AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. 

27. I AND EF ADVENTURES MUTUALLY AGREE THAT ALL COVERED DISPUTES BROUGHT AGAINST EACH OTHER SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY AND NOT ARBITRATED IN A CLASS ACTION ARBITRATION, A COLLECTIVE ACTION ARBITRATION, OR ON A GROUP, REPRESENTATIVE, CONSOLIDATED, OR JOINT BASIS.  The arbitrator shall have no authority to consider or resolve any claim or issue on any basis other than an individual basis and may not consolidate or join one or more disputes with any other individual's dispute.  In the event that I may be covered by a class, collective, representative, consolidated, or joint lawsuit brought against EF Adventures in a court or arbitration proceeding by a third party, I agree to opt-out of the proceeding. The parties agree that in any individual arbitration between them, the parties shall be solely responsible for our own attorneys' fees and expenses and shall share equally the fees from JAMS and the arbitrators' fees and expenses, unless the arbitrator orders otherwise in accordance with any applicable law.

28. Notwithstanding the foregoing, either party may elect to bring any claim, dispute, or proceeding relating to this Agreement or my relationship with EF Adventures where the value of all claims does not exceed $7,000 as an individual action in small claims court.  Such a small claims action must be brought exclusively in the Commonwealth of Massachusetts and Massachusetts substantive and procedural law will apply to the small claims action, without regard to conflict of law principles.

29. Neither I nor EF Adventures may bring or maintain an arbitration demand or suit against the other party unless filed within one (1) year of the event giving rise to such a claim.  I and EF Adventures mutually agree to waive all other potentially applicable state or federal limitations periods to maximum extent permissible by law. 

GOVERNING LAW, SEVERABILITY & NON-WAIVER

30. Except as otherwise expressly specified herein, this Agreement and performance hereunder shall be governed in all respects by the substantive laws of the Commonwealth of Massachusetts without regard to conflict of laws principles, and I agree that this choice of law supersedes and preempts any provision of law of any other state, nation, or jurisdiction. 

31.   If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

32. Any failure by EF Adventures at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of EF Adventures at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.

ENTIRE AGREEMENT, AMENDMENTS AND ELECTRONIC SIGNATURE

33. By enrolling in an EF Adventures tour program, I acknowledge that EF Adventures may change the terms of this Agreement from time to time and those changes become effectively immediately upon notice to me.  My continued use of EF Adventures’ services following notice of any material changes constitutes acceptance and agreement to be bound by such changes.

34. This Agreement, along with EF Adventures’ Booking Conditions (which are expressly incorporated herein), constitute the entire agreement as between EF Adventures 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 EF Adventures or any marketing materials. This Agreement may be amended or modified only in a writing signed by EF Adventures.

35. The parties agree that the use of electronic signatures and electronic records (including so-called “clickwrap” agreements) shall be of the same legal effect, validity, and enforceability as a manually executed signature or use of a paper-based record-keeping system.