Risk and Liability

We will endeavour to make your program smooth and as pleasant as possible. However, the entire course of trekking depends on the ranges of the mighty mountains, physical health, and environmental conditions. Therefore, Eco-Trails shall not be responsible for any changes in the itineraries due to unavoidable circumstances and natural disasters such as landslides, road blockages, floods, snowing, cancellations of flights and delays.

Assumption of Risk:

The client has voluntarily applied to participate in the Program on which he /she have registered. The client has voluntarily participated in this adventure sport with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in adventure activities such as trekking; negligence in any manner on the part of Eco Trails emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; the hazards of travelling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities, social or labour unrest; mechanical or construction failures or difficulties; diseases; local laws; climatic conditions; abnormal conditions or developments; or any other actions, omissions, or conditions outside of Eco Trails  control.

The Client has to understand Eco Trails employees are qualified but have difficult jobs to perform. They seek safety, but they are not infallible. No one can predict the weather, the elements, the terrain with 100% accuracy. The Client is cognizant of the basic safety rules and instructions concerning these trekking activities. I also understand that it is not the purpose of Eco Trails to teach safety rules.

Representation of good health:

The client has to certify that he/she should be in good health, have no medical, mental, physical conditions that affect my ability to travel and/or participate in the program hosted by Eco trails and have not been advised otherwise by a medical practitioner. The client will acknowledge that Eco Trails is in no way responsible for any costs related to my medical care during or after the Program.

Release of Liability:

As lawful consideration of, and as part of the payment for, the right to participate in the Program, and as part of the payment for the services arranged for the client by Eco Trails, HEREBY Client EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME

As lawful consideration of, and as part of the payment for, the right to participate in the program and as part of the payment for the services arranged for the client by Eco Trails, HEREBY Client EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER      Eco Trails, their owners, employees, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which Client now have or which may hereafter arise out of or in connection with client program with Eco Trails.

The client will AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS

ASSUMPTION OF RISK for Client and all members of his /her family and all minors travelling with the client, client and their heirs, successors, assigns, and legal representatives. The Client intends to fully assume all risks associated with this program and to release Eco Trails from all liability to the maximum extent permitted by law.

Indemnification: further Client agrees to “indemnify” (meaning to defend and to pay or reimburse) Eco Trails against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by Client in connection with the program or client participation in the program.

Knowing and Voluntary Execution: The client had carefully read and understood the provisions and legal consequences of this agreement, and hereby client agree to all of its conditions. The client agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

The client understands that in calculating the cost of the program, Eco trails has relied on Client consent to these terms and their enforceability. Without this agreement, Eco Trails would not be able to offer these services.

The client will agree that execution of electronic transmission of this agreement shall be deemed execution of the original agreement.

The client will agree that electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.