International Program

(updated August 2, 2022)

Alpinistas Collective Client Agreement

The Alpinistas Collective, LLC (“Collective”) offers international adventure travel services and guiding programs (“Programs”).  The Programs are offered to you (“Client”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your booking of any Collective Programs constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Release & Assumption of Risk

Client acknowledges that participating in the Program and in international travel comes with a certain amount of risk. By participating in any Collective Program, you agree to do so voluntarily at your own risk, assume all risk of injury to yourself and agree to release The Alpinistas Collective, LLC and any supporting Third Parties from any and all claims or cause of action, known or unknown.

Client agrees to sign a Waiver form at the time of final Program payment due.

Client Program Agreement

Program Leader

  1. The Collective Guide(s) and Event Leader(s) (“Leader”) is equipped with a standard of safety training and understanding of outdoor safety procedures according to predetermined Collective Leader requirements.  

  2. The Leader is responsible for determining the logistics and equipment required for participation in the program, including but not limited to, activities, choice of camps, or support personnel.  During the Program, the Leader may assist clients or delegate assistance to Third Party guide service or support.  The client is responsible for following these instructions and procedures and to comply with them for the duration of the Program.  It is the client's responsibility to alert the Leader or Third Party guide or support if the directions are unclear or otherwise do not understand them.  The Leader or Third Party delegated may terminate the Program at any time in the interest of safety.

  3. The Leader and other third party guides or support are not responsible for carrying any personal equipment of the client.  In the event that the Leader or third party must carry personal equipment due to the client being incapable of carrying it themselves, the Leader or third party is not responsible or liable for the client’s equipment.

Program

  1. The client understands that the Program may take them into remote, wilderness areas that may have hostile environments including, but not limited to, changes in terrain, temperature, weather, government, or local culture.  There are dangers and medical problems that may arise.  The Collective is not responsible for any of the above or subsequent stress caused by the above.

  2. Client understands that the nature of the Collective Program generally encompasses a certain level of fitness and mobility in order to participate.  Client certifies that Client has no known mental or physical limitations or pregnancy that would create a hazard or limit the enjoyment of the trip to themselves, other Clients or the Collective or other Third Party Guides and Support.  The Collective has the right to refuse pregnant women or Clients with certain mental or physical conditions due to safety reasons.  Refusal of acceptance to the Program results in a cancellation and is bound by the refund policy.  Client also certifies that they have reviewed their health with a medical professional before joining the Program.

  3. Client acknowledges and understands that the Program may take them to a destination that is remote, isolated, and far removed from medical care facilities. Medical facilities vary from country to country and the Collective makes no representations and gives no warranties in relation to the standard of such treatment. The Client agrees and acknowledges the risks, dangers, and limited availability or lack of any medical care associated with such travel and, together with all limitations of liability found in this document and the Medical Information and Release Form, absolve Collective of any liability of such risks, dangers and failure to provide medical care.

  4. The Collective Programs will take place if a minimum number of guests are booked.  We reserve the right to cancel Programs with insufficient participant booking.  Cancellation due to this reason will be communicated to the Client on or before the date of your final Program payment.  If the Program is canceled due to not meeting the minimum number of participants, you will be refunded any payments made minus a $40 transaction fee.  You may elect to have the Collective apply any payments made to another future Program.  

    Due to the minimum Program requirement, we suggest that you not book your flights until the trip has been confirmed or at least book a refundable flight option.  The Collective is not responsible for any personal expenses incurred due to changes or cancellations of Programs.

  5. If the Program encounters travel restrictions by the government of the destination country or other Force Majeure circumstances, the trip will be moved to a different date.  

    If the Client chooses to not attend due to these reasons, a refund will not be issued.  It would be advised to refer to your travel insurance policy for compensation.  The Collective is not responsible for performing our obligations and will not be responsible for any resulting damages in the case of a Force Majeure event.

Travel Arrangements

  1. The Client is solely responsible for arranging all travel to and from the destination where the Program begins.  The Client is solely responsible for all costs related to this travel.

  2. The Client is responsible for securing and paying for any travel visas, if required, and complying with local vaccination requirements, if applicable.  Failure to secure a visa, fulfill vaccination requirements or other denial of entry into the country that causes the Client to be unable to attend the Program will not be grounds for a Program refund.  

  3. Program accommodations are based on two guests per room or tent.  If Client is traveling solo, Client will be paired with another single Client.  Some trips may allow a single supplement but this may not always be possible, especially when camping in remote areas.  Clients are responsible for the safety and security of their personal belongings in a shared lodging situation.  Refer to the Program FAQ to know if a single supplement is offered and further guidance.

  4. The Client is required to secure their own travel and international evacuation insurance coverage.  Proof of your insurance coverage is due no later than 30 days before Program begins.  Failure to comply with this requirement will cause your booking to be canceled without refund. 

  5. Client understand that no refunds or credits will be granted for failure to attend, being late, leaving early or due to any inability to complete the Program.  Any costs due to being late to the Program will be at the Client’s expense.

  6. Carriage by road, air or by sea is subject to the individual carrier's conditions.  The Collective’s liability for death, and/or personal injury, and/or loss of and/or damage to luggage may be limited by the conditions of this agreement, international conventions, treaties, or any applicable law including the Athens, Warsaw or Montreal Conventions.

Miscellaneous

  1. Drug use is not tolerated during any Program.  Alcohol consumption should be done in a responsible manner and may be prohibited during certain parts of the Program.

  2. The Collective and third parties will do their best to accommodate dietary restrictions, medical conditions, allergies and other Client needs.  Client must notify the Collective in writing at the time of final payment is due to confirm that the Collective can support the Client’s needs.  Certain destinations may be difficult to accommodate and certain Programs may be unsuitable for certain restrictions and needs.  Such requests do not form part of the Program Contract and the Collective is not liable for failing to provide these accommodations.

  3. Any Program guidance or advice provided to you from the Collective or third party is a courtesy.  This advice may include but is not limited to climate, gear, apparel, vaccinations, training and visas.  The Collective is not responsible for any errors or omission as to the information provided. 

  4. At times the Collective may act as a trip reseller and the third Party will have their own Program Terms and Conditions.  The Client agrees to comply with such Terms and Conditions in addition to the Collective Terms and Conditions.

Photography & Video

  1. In attending any Collective Program, you agree and acknowledge that your image and likeness may be used in future promotional campaigns.  You agree to grant us a worldwide, royalty-free, perpetual license to use, re-use, distribute, display, create derivative works of, and reproduce any images, photos or videos in any medium, free of charge and without restriction, for any purpose, including to promote and publicize the Collective and Collective Programs.

 

Alpinistas Collective Terms & Conditions

Privacy

Your use of the Site is subject to Collective's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Booking a Collective Program, sending emails to the Collective or visiting the Collective’s website (“Site”) constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you book a Program through this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Collective is not responsible for third party access to your account that results from theft or misappropriation of your account. Collective and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Indemnification

You agree to indemnify, defend and hold harmless Collective, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to participate in Collective Programs, use of the Site, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Collective reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Collective in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Reno, Nevada. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Collective agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PROGRAM OR SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE ALPINISTAS COLLECTIVE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE ALPINISTAS COLLECTIVE LLC AND/OR ITS SUPPLIERS, AND OTHER THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PROGRAM, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PROGRAMS, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE ALPINISTAS COLLECTIVE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ALPINISTAS COLLECTIVE LLC AND/OR ITS SUPPLIERS OR OTHER THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, PERSONAL INJURY OR DEATH ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR PARTICIPATION IN THE PROGRAM WITH THE DELAY OR INABILITY TO USE THE SITE, PROGRAM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PROGRAM, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ALPINISTAS COLLECTIVE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL THE ALPINISTAS COLLECTIVE LIABILITY UNDER ANY CLAIM MADE BY CLIENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO THE ALPINISTAS COLLECTIVE FOR BOOKED PROGRAM OR SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR PARTICIPATING IN THE PROGRAM.

Termination/Access Restriction

Collective reserves the right, in its sole discretion, to terminate Client’s attendance to the Program, access to the Site or related services or any portion thereof at any time, without notice. 

Jurisdiction/Venue

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Program and Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Collective as a result of this agreement or use of the Program and Site. Collective's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Collective's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Collective with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Collective with respect to the Program and Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Collective with respect to the Program and Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Collective reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Collective encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Collective welcomes your questions or comments regarding the Terms:

The Alpinistas Collective LLC

401 Ryland Street, 200A

Reno, Nevada 89502

 

Email Address:

team@thealpinistascollective.com

Telephone number:

760-582-2836