Term and Conditions

 

High Adventure 420 Tours

TERMS AND CONDITIONS OF SALE

 

The following Terms and Conditions (referred to herein as these “Terms and Conditions” or “Agreement”) apply to all travel and travel related Services offered for sale by High Adventure 420, LLC (“High Adventure 420”) and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as “High Adventure 420, “we,” or “us”).

 

The term “High Adventure 420 Tour” (or simply “Tour”)  as used in these Terms and Conditions is defined as any package of Services, offered or sold by us. The terms “Service” or “Services” encompass: travel planning and consultation, ground or other transportation, hotel rooms, resorts, or other accommodations, tours, leisure or adventure activities, equipment rentals, expeditions, Trip insurance and any other travel or travel related products offered or sold by High Adventure 420. “Supplier” or “Vendor” refers to any provider of the Services we offer. “Itinerary” refers to the particularized schedule for a Tour.  References herein to “Customer,” “you,” or “your” shall apply to each and any of the following: a party participating in an offered Tour (“Participant”) and/or the party who purchases (or attempts to purchase) a Tour for themselves and/or others.

 

All bookings of Tours are also subject to the Terms and Conditions of the Supplier of the Service(s) incorporated in a Tour. By placing an order with High Adventure 420, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of High Adventure 420, High Adventure 420’s will control all issues relating to the liabilities and responsibilities of High Adventure 420.

 

Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney before you agree to be bound by them.  Participant acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by signing it and sending the signature page back to us by mail, fax, or email. Without this acceptance, the processing of a booking is not possible.

 

 TABLE OF CONTENTS

 

  1. Eligibility
  2. Prices and Surcharges
  3. Reservations/Bookings
  4. Payment Methods
  5. Payment Schedule
  6. Cancellation, Substitution, and Alteration Policies
  7. Issuing Travel Documents
  8. Participants with Special Needs or Disabilities
  9. Insurance
  10. Passports, Visas, Reciprocity Fees, and Travel Health Requirements
  11. Accommodations
  12. Activities Offered During your Tour
  13. Marketing Materials and Illustrative Photos
  14. Proper Conduct Required During Tour
  15. Legal Compliance Required During Tour
  16. Medical and Physical Conditions
  17. Medical Emergencies
  18. Use of Information
  19. Traveller Complaints
  20. Notices
  21. Seller of Travel Registration Information
  22. Limitation of Liability
  23. Disclaimer of Warranties
  24. Indemnification and Release
  25. Force Majeure
  26. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.  
  27. Attorney’s Fees, Costs, and Expenses of Suit
  28. Assignment
  29. Severability and Survivability
  30. Waiver, Etc.
  31. Modification of Our Terms and Conditions

 

  1. Eligibility.  

 

  1. Locale: The Services offered by High Adventure 420 are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates (excluding Florida, Iowa, Washington, Hawaii and Illinois), who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions.

 

The Services are also available for purchase by international Customers, as long as they recognize that this is U.S. business operated under U.S. laws.  Any disputes that may arise will be decided pursuant to U.S. law according to our Mandatory Binding Arbitration provision and Choice of Law clause, below, et sec.  

 

  1. Age:  In order to book one of our Tours, all Participants must be over the legal age for marijuana consumption in California at the time of taking a Tour. Individuals over age 21 are allowed to legally consume recreational Marijuana in California.

 


  1. 2. Prices and Surcharges. Our prices are contractual tariffs.  No claim relating to the price of a Tour will be considered once the reservation is effective. All prices are quoted in US dollars (US$). Rates for Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, the price of fuel, Services and labor sometimes increase the cost of Travel arrangements significantly.

 

Unless otherwise stated in the description of a Tour, the following amounts will NOT be included as part of one of our Tour’s advertised price:

 

  • Items of a personal nature such as incidentals, toiletries, etc.
  • travel insurance including medical, accidents, lost baggage and/or trip cancellation
  • tips and gratuities
  • costs of any food or drinks not advertised as included in your Tour price
  • any other activities or items not explicitly advertised as included in the price of a Tour in its description.

 

  1.  Reservations/Bookings.  To make a reservation with High Adventure 420 you may:

 

  1. contact us via telephone at (+1) 855-442-3420
  2. visit us online at highadventure420tours.com
  3. email us at sales@highadventure420tours.com

 

  1. Payment Methods. We accept payment by:

 

  1. Credit cards: Visa, MasterCard, AMX, Discover, and all major credit cards
  2. Personal check (drawn on a US bank)
  3. Cash (in person only)
  4. Paypal
  5. Wire transfers (all fees paid by customer)

 

If payment could not be drawn from your payment card account, we will send you an email or call you regarding the matter. This could be because of insufficient funds in your payment card account, incorrect details provided by you on our site, any fraud alerts received from our fraud prevention system or if your bank declined the transaction. You can also contact your bank or card issuing company to authorize your transaction, or provide us a different payment card acceptable by High Adventure 420. We do not take responsibility for any damages caused by the non-acceptance of your payment for whatever reason.  If we notice any fraudulent transaction from the provided credit or debit card, we will inform such activity to our Credit Card Verification Company, bank, or Supplier, and if required we will also inform the appropriate legal authorities. We process all credit and debit card transactions securely and transmit the data using SSL/HTTPS.

 

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company as we may pass on your payment to an international Supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your Tour booking, please contact your bank.

 

  1. Payment Schedule.

 

  1. Tours advertised on our website and “join a group” Tours:

 

100% of Tour cost is due at time of booking.

 

  1. Custom or Private Group Tours:

 

Our standard payment schedule is as follows (payment schedule may vary based on Supplier requirements):

 

  1. Initial Deposit:  To secure a booking, Customer must provide for each Participant an initial deposit of 20% of total Tour cost.
  2. Second Payment: 50% of the remaining balance will be due 60 days after initial booking date.
  3. Final payment: 100% of the remaining Tour cost is due no later than 50 days before the start date of the Tour. If reservation is made within 50 days of departure, entire Trip cost must be paid at the time of request in in order to secure confirmation.  

 

  1. Cancellation, Substitution, and Alteration Policies.  

 

  1.  Cancellations and Alterations attributable to Customer

 

  1. Tours advertised on our website and our “join a group” Tours:

 

Date of CancellationRefund
Within 10 days of initial booking dateCustomer receives a refund equivalent to 90% of Tour cost, regardless of reason for cancellation
15+ days prior to Tour start dateCustomer receives a refund equivalent to 50% of the Tour price
14 days or less prior to Tour start date100% of the Tour price is forfeited by Customer

 

Last minute bookings (14 days or less) must be made in full and there is no refund. Bookings will not be accepted within 48 hours of the start of a tour.

 

  1. Custom or Private Group Tours:

 

Date of CancellationRefund
Within 10 days of initial booking dateCustomer receives a refund equivalent to 100% of Tour deposit, regardless of reason for cancellation
15+ days prior to Tour start dateCustomer receives a refund equivalent to 50% of the Tour price
14 days or less prior to Tour start date100% of the Tour price is forfeited by Customer

 

  1. Please note that a no show passenger is treated as a cancellation and forfeits all payments made as well.
  2. In case part of a booking is cancelled, the remaining parties may have to pay additional charges (e.g. under-occupancy, or single room supplements).

 

  1. California Residents only:

 

Upon cancellation of the transportation or travel services, where the Customer is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Customer, all sums paid to the seller of travel for services not provided will be promptly paid to the Customer, unless the Customer advises the seller of travel in writing, after cancellation.  In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Customer with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

 

  1. Substitution of Participants

 

If any member of your party is unable to travel, it may be possible to transfer the booking to another suitable person, provided that written notice is given at least 30 days prior to departure. An administration fee of $50 will be levied in addition to any costs or fees imposed by our Suppliers.

 

  1. Cancellations and/or Alterations attributable to High Adventure 420 or Force Majeure

 

Particularly as a result of causes beyond our control (ie. weather and travel conditions, river water levels, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), we have on occasions had to make changes to and/or cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value without compensation. High Adventure 420 reserves the right to adjust the Itinerary or change the modes of ground and air travel, change the quality of accommodations or otherwise change the Tour without prior notice. We accept no liability for loss of enjoyment as a result of these changes.  High Adventure 420 will attempt to provide advanced notice of any changes to Itinerary or Services to the extent possible.

 

Any additional charges incurred arising from the postponement, delay or extension of a Tour or adjustment to the itinerary due to Force Majeure will be the Participant’s responsibility.  Participant accepts that cruise captains have full authorization to modify itineraries in the interest, enjoyment and safety of the passengers and vessel.

  1. Issuing Travel Documents. Travel documents will only be sent to the purchasing Customer who places the order and personally agrees to these Terms and Conditions. Should you change your email address, phone number, or address before your departure date, you are required to advise us of the change. If a Customer provides incorrect information to High Adventure 420, we do not assume any liability if the Tour is adversely affected or made impossible by the non-receipt of travel documents.

 

  1. Participants with Special Needs or Disabilities.  If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must call all relevant Service provider for your Tour ahead of time and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special handicapped needs cannot be met. High Adventure 420 makes no guarantee as to the ability of any Accommodations, activity provider, or facilities advertised to meet the special needs of disabled clients.

 

  1. Insurance. Should you have to cancel your Tour because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for Tour and other travel costs. Purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions.

 

As a convenience to our customers, High Adventure 420 offers travel insurance to its Customers through Travel Guard. as a convenience to our customers .  It is Customer’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed.  It is the Customer’s sole responsibility to research, evaluate and purchase appropriate coverage. Customer agrees that High Adventure 420 is not responsible for any uninsured losses.

 

  1. 10. International Travel: Passports, Visas, Reciprocity Fees, and Travel Health Requirements.  It is our international Customers’ sole responsibility to verify they have all the necessary visas, transit visas, and passports prior to travel to the United States.  Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Tour.  Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at https://travel.state.gov/content/travel/en/us-visas/tourism-visit.html


You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.  We cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.  

 

WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE OR ENTRY INTO THE UNITED STATES OR ANY OTHER COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION.

  1. Accommodations.  “Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Participants including, but not limited to, hotels, quarters in ships and charters, motels, and resorts.  High Adventure 420 provides the accommodations for its Tours through third-party Suppliers and retains no ownership or management interest in those Accommodations. High Adventure 420 does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors.  If any issues arise, please contact the owner/operators of the respective Accommodations directly.

High Adventure 420 makes no guarantees about the living standards in remote locations, but we will try to work with an Accommodation provider within the same category you purchased, if available, should serious problems as to habitability arise. Any additional costs, i.e. upgrades etc., will be borne by the Participant.

Prices of Accommodations are based on double occupancy unless described otherwise.  If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation.  Please contact us for specifics on the single supplement fees.

  1. Activities Offered During Tours.  Some activities available on our Tours are physically active and interactive, so you must be in good physical condition and health to participate in them. An offered activity may not be appropriate for all ages or for individuals with certain medical conditions. High Adventure 420 may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.  Cannabis consumption will not be allowed prior to high risk activities featured on our Tours.

 

It may happen that certain activities referred to in the Tour description or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached.  In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress.  As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions.   The opening hours of bars, restaurants, and discos, etc., may be irregular and dependent on the management of the establishment in question.  High Adventure 420 cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.

 

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGH ADVENTURE 420 SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.

 

  1. Marketing Materials and Illustrative Photos. High Adventure 420 endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services.  However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only.  They are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Tour.
  2. Proper Conduct Required During Tour.  Participant understands that their participation in a Tour may be terminated at any time during the Tour if Participant is disciplined by any civil or criminal authorities, our Suppliers, or if High Adventure 420, in its sole discretion, determines that Participant’s conduct or behavior is incompatible with the interests, safety or welfare of other Participants or our Service providers, their employees, or independent contractors.   High Adventure 420 has zero tolerance for any intimidating, bullying, or otherwise threatening behavior by its Participants.  In the event of termination for conduct violations, terminated Participant is responsible for arranging and paying for their own substitute travel and Accommodations, if necessary.

High Adventure 420 reserves the right to “cut off” a participant at any time and request they immediately cease their consumption of alcohol and/or cannabis should High Adventure 420 determine it is in the best interest of Participant, High Adventure 420, or the other Tour Participants.  If Participant fails to abide by High Adventure 420’s determination, High Adventure 420 reserves the right to terminate Participants’ participation in the Tour.

We have more verbiage here

  1. Legal Compliance Required During Tour. All Participants must obey the local and state laws and regulations of the places they visit on their Tour, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. In California it is still illegal to consume, smoke, eat, or vape cannabis in public places or while driving or riding as a passenger in a vehicle. Smoking marijuana where tobacco is prohibited is also illegal, unless there is a local ordinance expressly allowing its usage.  High Adventure 420 is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Participant’s failure to obey any local, state, or federal laws.

 

The possession, sale and consumption of cannabis are still illegal under the federal law of the United States. As such, High Adventure 420 can make no warranties as to your ability to consume or possess cannabis without the risk of you being penalized by a representative of the federal government. If Participant is ticketed or otherwise disciplined by federal officers, High Adventure 420 assumes no responsibility for any fines, penalties or legal fees Participant may incur as a result of their possession, sale or consumption of cannabis.  Participant agrees to be responsible for such penalties when or however levied.

 

  1. Medical and Physical Conditions. Anyone suffering from illness, disability, or undergoing treatment for any physical or other medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the Tour. Failure to make such disclosure will constitute a breach of these Terms and Conditions and result in such persons being excluded from the Tour in which case all monies paid will be forfeit and no refund for unused portions will be provided.

Participant certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Tour.  Participants who have physical conditions wherein they must take medication daily should have back up medication in case the medication gets lost, or is rendered unusable. If Participant’s condition potentially requires EpiPens or other emergency tools, it is Participant’s responsibility to bring their own and a back up supply. Participant understands that in the event of injury to Participant, or exacerbation of Participant’s medical condition, High Adventure 420 may not be held responsible.

High Adventure 420 reserves the absolute right to decline a booking at their discretion. Travellers agree to accept the authority and decisions of the employees of High Adventure 420, Tour leaders and agents, while on the tour with High Adventure 420.  If in the opinion of such person the health or conduct of a Traveller before or after departure appears likely to endanger the safe, comfortable or happy progress of a Tour, the Traveller may be excluded from all or part of the Tour.

 

  1. Medical Emergencies. High Adventure 420 are not medical professionals and make no warranties as to your ability to safely handle the consumption of cannabis in any form.  Participant should consult with a qualified physician if they have any concerns as to their ability to safely consume cannabis and cannabis based products.  High Adventure 420 is not responsible for the costs of any medical treatment you may require during a Tour and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Tour. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR TOUR.  Participant releases High Adventure 420 from any liability relating to any such medical care, whether secured by a Service provider on behalf of Participant, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
  2. Use of Information.  High Adventure 420 may occasionally use statements and testimonials provided by Participants, and/or Participants’ photographs and video, in marketing materials, on the internet (including social media), and in print publications and advertisements to promote High Adventure 420.  You fully consent to such use of your statements and/or photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to you, and grant High Adventure 420 a non-revocable license for said use.   

Participants also consent and grant permission to High Adventure 420 to photograph, video (including audio recording) and otherwise capture Participants’ image during the Tour for the purpose of providing that footage to Participants for purchase.  

And we may take images/video for sale to those on the tour.  Does this need to be called out explicitly?  A separate opt-in would be needed we believe.

  1. Participant Complaints.   If Participant has a complaint about any of their Tour, he/she must bring it to the attention of the Tour leader or other representative of High Adventure 420 at the appropriate time so that they may use their best endeavors to rectify the situation. It is only if High Adventure 420 is made aware of any problems that there will be the opportunity to put things right. Making your complaint known to High Adventure 420 as a problem arises during your Tour will allow us the opportunity to remedy the situation or facilitate compensation. Should the problem remain unsolved, a complaint must be made in writing to High Adventure 420 within 30 days of the completion of the Tour.
  2. Notices. Any notices required or permitted hereunder shall be given:
  3. If to High Adventure 420, via certified mail, return receipt requested, addressed to:

High Adventure 420 Tours

1250 Newell ave.  Ste i, #225

Walnut Creek, CA  94596

 

And via email to: info@highadventure420tours.com

 

  1. If to Participant, at the email or physical address provided by Participant during the registration process.
  2.  Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.

 

  1.  Seller of Travel Registration Information.

 

  1. High Adventure 420 is registered with the California Department of Justice.  CST#PENDING.   Registration as a seller of travel does not constitute approval by the State of California.  California law requires certain sellers of travel to have a trust account or bond to protect consumer’s money. This business has a trust account.

 

  1.  This business is a participant in the Travel Consumer Restitution Corporation (TCRC).

 

You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale.  The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. * Please note that if you were outside of California at time of purchase, such transactions are not covered by the TCRC.

 

A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel.  A claim must include sufficient information and documentation to prove your claim and a $35 processing fee. You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA  94977-6001; or by faxing a request to: 415-927-7698.

 

  1. Limitation of Liability. IN NO EVENT SHALL HIGH ADVENTURE 420 BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF HIGH ADVENTURE 420 HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL HIGH ADVENTURE 420’S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARTICIPANT TO HIGH ADVENTURE 420 UNDER THIS AGREEMENT.

HIGH ADVENTURE 420 OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY VENDORS. HIGH ADVENTURE 420 RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS.  TO THE FULLEST EXTENT PERMITTED BY LAW, HIGH ADVENTURE 420 DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.

 

  1. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY HIGH ADVENTURE 420 ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIGH ADVENTURE 420 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH HIGH ADVENTURE 420. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  

 

  1. Indemnification and Release. Except as otherwise set forth herein, Participant hereby releases High Adventure 420 from any and all liability, loss, expense, damages, or claims arising out of or resulting from Participant’s participation in a Tour, whether caused by the negligent or reckless conduct of Participant, a Service Provider, a provider of Accommodations, another third party, or otherwise.

Participant hereby also agrees to indemnify, defend and hold harmless High Adventure 420 from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against High Adventure 420 regarding, resulting, or arising from Participant’s participation in a Tour,  or Participant’s performance of this Agreement, or Participant’s violation of any state, federal, or local laws..

 

  1. Force Majeure. High Adventure 420 shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure.  “Force Majeure” refers to any event beyond High Adventure 420’ reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of High Adventure 420 or deemed by High Adventure 420 to constitute a danger to the safety and well-being of Participants.  High Adventure 420 reserves the right to cancel any Services described in a Tour Itinerary due to Force Majeure.
  2. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. These Terms and Conditions and the relationship between you and High Adventure 420 will be governed by the laws of the State of California without regard to its conflict of law provisions.

 

You and High Adventure 420 shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Tour, Services sold by us, High Adventure 420’s website, any literature or materials concerning High Adventure 420, our Legal Disclaimers: Waiver, Indemnity and Release Form and Photograph, Video and Voice Recording Consent Form, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations.  If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in  Alameda (Contra Costa ?) County, California, and presided over by one (1) arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.  The arbitrator’s decision shall be final and binding and judgment may be entered thereon.  In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration.  Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.

 

  • Some tours may require a minimum number of travelers to operate. The affected traveler will be fully refunded or may choose a similar tour product as a substitute. Should this occur, it would be under rare circumstances because we try our best to accommodate travelers.
  • Please note that the product substitute chosen by the traveler may be more expensive than the original product and therefore may be subject to an additional cost.

 

You and High Adventure 420 agree to submit to the personal jurisdiction of the federal and state courts located in Contra Costa County, California with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute.  Customer and High Adventure 420 agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Contra Costa County, California and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.  YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND HIGH ADVENTURE 420 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.

 

  1. Attorney’s Fees, Costs, and Expenses of Suit.  If any act of law or equity, including an action for declaratory relief or any Arbitration Proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Tour, High Adventure 420’s website or any literature or materials concerning High Adventure 420, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
  2. Assignment.  Participant may not assign his rights or obligations hereunder without the prior written consent of High Adventure 420.
  3. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Participant and High Adventure 420 agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
 

  1. Waiver, Etc.  No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver.  High Adventure 420 does not guarantee it will take action against all breaches of these Terms and Conditions.  No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
  2. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Tours booked prior to the amendment or modification.  It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you booked a Tour with High Adventure 420 or reviewed our Terms and Conditions.

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PARTICIPANT warrants they have read the terms and conditions stated above.  By signing, Participant agrees to be responsible for any error in the accuracy of information they provide us, and warrants that the Participant, after consideration and with an opportunity to consult legal counsel, shall be bound by these Terms and Conditions, including the limitations of liabilities and cancellation policies herein.  This is a fully enforceable and legally binding agreement.

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Participant Name Date

 

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Signature