Terms and conditions

​

​This Agreement is entered into between the undersigned participant (“Participant”) and  Cloudberry Tours L.L.C., a Michigan limited liability company (“Cloudberry Tours”).

​

I understand this document is in English and I have had the opportunity to ask questions or seek translation.

​

By booking, participating in, or attending any trip, activity, or experience organized by Cloudberry Tours, Participant agrees to the following terms:

​

Acknowledgement of risks and assumption of risk

​

I have chosen to participate in the activities (hereafter referred to as “Trips”) organized by Cloudberry Tours L.L.C., including its owners, employees, officers, directors, independent contractors, suppliers, agents, guides, volunteers, subsidiaries, affiliates, successors, agents, and assignees (hereafter referred to as Cloudberry Tours). These activities may include (but not limited to) the following: participation in an adventure travel tour; canyoneering; caving; cycling; horse riding and other equine activities; hot air balloon rides; paragliding; road and mountain biking; rock, snow, and ice climbing; skiing and snowboarding; ski mountaineering; rope usage; rappelling; zip lining; scuba diving; ATV and snowmobile riding and driving; helicopter and small aircraft activities; white water rafting; kayaking; travel in boats; sailing; hiking; backpacking; mountaineering; surfing; camping; use of remote backcountry huts; visiting the wilderness; travel in public and private transportation (including to and from tour areas) (hereinafter “activities”).

 

​I recognize these activities are inherently hazardous and involve numerous risks, which include, by way of example only, exposure to weather, uneven terrain, wildlife, falling, drowning, rockfalls, avalanches, cliffs and the risk of falling from cliffs if I approach the edge, hypothermia, frostbite, altitude sickness, equipment failures, traffic accidents, attack by insects or animals, weather including heat, cold, sun, water and wind, fatigue, chill, overheating, and/or dizziness, which may diminish my own reaction time and increase the risk of accident. I recognize that in relation to the Trip (before, during or after) I may be seriously hurt or disabled or may die, and that my property may also be damaged. I may be injured by participating in physical excursions for which I am not prepared. I further recognize that the remoteness of the activities may preclude prompt medical care or rescue, or such services may be expensive; and that Cloudberry Tours assumes no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. I agree that Cloudberry Tours is not liable for lack of adequate training of any agents, owners, contractors or employees of Cloudberry Tours who seek to assist with medical or other help either before or after injuries have occurred. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

​

I knowingly, voluntarily, and freely assume all risks, both known and unknown, foreseeable and unforeseeable, associated with my participation in the Trip, even if arising from the actions of Cloudberry Tours and other participants, to the fullest extent permitted by law.

​

Waiver and release of liability

​

​To the maximum extent permitted by applicable law, I hereby release, waive, and forever discharge Cloudberry Tours L.L.C., its owners, employees, officers, shareholders, directors, independent contractors, suppliers, agents, guides, volunteers, subsidiaries, affiliates, successors, agents, and assignees ("Released Parties") from any and all claims, demands, causes of action, damages, or liabilities arising out of or related to my participation in the Trip. This release applies to claims arising from: ordinary negligence of the Released Parties, premises conditions, equipment or facilities used during the trip, acts or omissions of other participants.

​

This release does not apply to claims arising from gross negligence or willful misconduct, where such exclusion is prohibited by law.

 

Indemnification

​

​I agree to indemnify and hold harmless the Released Parties from any claims, damages, losses, liabilities, or expenses (including reasonable attorney’s fees) arising out of or related to my actions or omissions during the trip, my violation of rules or instructions, my failure to exercise reasonable care.

​

This indemnification obligation applies only to the extent such claims are caused by my conduct and does not require indemnification for the Released Parties’ gross negligence or willful misconduct.

 

Acknowledgement regarding transportation

​

I acknowledge and understand that Cloudberry Tours L.L.C. is not a transportation company and does not operate as a common or commercial carrier. Any transportation that may occur during a trip (including, but not limited to, transportation between accommodations, activity locations, trailheads, or meeting points) is provided solely as a convenience to participants and is incidental to the guided experience.

​

I understand that any transportation provided during the trip may be conducted using rented vehicles operated by a trip guide. I acknowledge that the primary purpose of the trip is the guided travel experience, and not transportation services.

​

I voluntarily choose to participate in any such transportation and understand that travel by motor vehicle involves inherent risks, including but not limited to traffic accidents, road conditions, weather conditions, actions of other drivers, and mechanical issues.

​

I acknowledge that Cloudberry Tours L.L.C. does not guarantee the condition of vehicles, road safety, or driving conditions, and that risks associated with transportation cannot be eliminated.

To the fullest extent permitted by law, I agree to release and hold harmless Cloudberry Tours L.L.C., its owners, employees, contractors, guides, and agents from liability for injuries, losses, or damages arising out of or related to transportation provided during the trip, except in cases of gross negligence or willful misconduct.

​

I understand that I am free to arrange and use my own transportation at any time during the trip, and choosing to do so will not affect my ability to participate in the guided experience, nor will it result in any refund or price adjustment.

​

I confirm that I have had the opportunity to ask questions regarding transportation arrangements. I knowingly and voluntarily assume all risks associated with transportation during the trip, whether provided by Cloudberry Tours, a guide, a third party, or arranged independently.

​

I agree to indemnify and hold harmless the Released Parties from claims, damages, or expenses arising out of my conduct during transportation, my failure to follow safety instructions, my actions that cause injury or damage to others during transportation. This obligation is limited to losses caused by my conduct and does not require indemnification for the Released Parties’ gross negligence or willful misconduct.

​

Health and Safety Acknowledgement

​

​I am aware that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, physical and mental conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical or mental condition may be incompatible with the Activities. I acknowledge that I am required to wear approved safety equipment while participating in certain Activities, as well as strictly follow the instructions of Cloudberry Tours.

​

I agree to inform Cloudberry Tours about physical and mental conditions or health issues that I have and that may potentially affect my safety during the Trips, as well as safety of Cloudberry Tours and other trips’ participants. The fact that I informed Cloudberry Tours does not in any way relieve me from assuming all the risks and liabilities related to my participation in any Trip.

​

I also understand and agree that it is my responsibility to carefully read the description, itinerary and conditions of the trip (available on Cloudberry Tours web page www.cloudberrytours.com before I decide to participate, and select the trips that are appropriate for me.

​

​Alcohol, drugs, and other substances

​

​I recognize that if I use, consume, or am under the influence of alcohol or drugs prior to or while engaging in the Activities, I assume and accept all risks, dangers and hazards that may result from this, including the possibility of personal injury, death, property damage, even in the event of negligence or fault by Cloudberry Tours or third parties. I also recognize that consumption of abovementioned substances may be considered a criminal offence by a government, territory or legal body. I, therefore, indemnify Cloudberry Tours from any and all liability for any damage to property or personal injury to any third party or legal proceedings, resulting from my participation in the Activities, while, during, or after consumption of drugs or alcohol.

​

Pets

 

​In accordance with the National Parks rules, hotel and other accommodation rules, as well as out of considerations of comfort of fellow travelers, pets are not allowed on Cloudberry Tours trips and activities.

​

​​Commitment to rules

 

​I commit to follow the rules of the areas and legal bodies I visit during the trip including, but not limited to, National, State, County Parks, Forests, Shores, Reserves. Such rules include, but are not limited to, following the leave no trace and fire safety principles.

​

​As drones and other unmanned aerial vehicles are prohibited from most of the National Parks, they may not be used on Cloudberry Tours trips.

​

​My consent to medical treatment

 

​I consent to any hospital or medical care that may be necessary as a result of my participation in Cloudberry Tours activities. I understand and agree that I am solely responsible for all charges for such medical treatment, including evacuation and/or rescue costs. I understand that Cloudberry Tours does not carry or maintain health, medical, or disability insurance coverage for any participant. Each participant is expected and encouraged to obtain his or her own travel insurance as well as medical or health insurance coverage, and to check with his or her own health insurance provider about coverage while traveling abroad.

 

Severability and other terms

 

​I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

​This Agreement shall be governed by the laws of the State of Michigan, without regard to conflict of law principles.

Any legal action shall be brought exclusively in Oakland County, Michigan.

This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.

​

This Agreement shall remain in force for my participation in all Trips organized by Cloudberry Tours.

 

FOR PARTICIPANTS OF MINORITY AGE:

If I am signing on behalf of a minor, I represent that I am the parent or legal guardian and agree to the terms of this Agreement on behalf of the minor to the fullest extent permitted by law. I understand that certain waivers or releases may not be enforceable against minors in some jurisdictions.

​

Confirmation

 

​I have fully read and understood the contents of this agreement before proceeding with the reservation of the tour which is considered equivalent to physically signing this agreement. I am aware that by proceeding with the reservation I am waiving certain legal rights which I may have against Cloudberry Tours. By entering into this Agreement, I am not relying on any oral or written representation or statements made by Cloudberry Tours other than what is set forth in this Agreement.

​

​I recognize that my checking the box when I book over website www.cloudberrytours.com is considered equal to physically signing this agreement and has the same binding power.

 

​I recognize that by continuing my reservation and participating in the Trip I agree that I have carefully read this agreement, understand its content and recognize it is a binding legal agreement.

 

​PARENT OR GUARDIAN OF A MINOR: I, as a parent or guardian of a minor participant of a Trip, hereby give my permission for my child or ward to participate in the trip and further agree, individually and on behalf of my child or ward, to the terms above.