The Agreement and the Parties
This Agreement, Including Assumption of Risks and Release from Liability, Indemnification, and Acknowledgement of Risks” (“Agreement”) incorporates by reference the Program Description and Parts 2-4. The Parties to the Agreement are the (“Student”) and Pure Exploration.

• PART 1: Agreement, Including Assumption of Risks and Release from Liability, Indemnification, and Acknowledgement of Risks
• PART 2: Travel Cancellation Policy 
• PART 3:  Medical Authorisation
• PART 4: Permission for Release of Information and Use of Photographs with Identifying Information 

In consideration of Pure Exploration offering the Program and permitting the Student to enrol and participate in the Program, the Parties understand, acknowledge and agree as follows:

PART 1: Agreement, Including Assumption of Risks and Release from Liability, Indemnification, and Acknowledgement of Risks

Understanding the Risks
I accept that this activity inherently involves risks and potential hazards. The risks and hazards include, but are not limited to rocks, cliffs, falling, weather conditions, river and lake levels, other non-specified natural circumstances, equipment or mechanical failure, illness or accident in remote places without any or full medical facilities are ever present hazards whilst undertaking these adventure and alpine programs.

I am aware that participating in the programs offered by Pure Exploration can be hazardous if they are not conducted with care, control and responsibility. I acknowledge that these risks could result in my injury (physical or mental) or even death. 

Further, I acknowledge and understand that general travel and the Program have inherent risks which cannot be eliminated without changing or destroying the nature of the activities and the Program.  

I acknowledge and understand that foreign travel presents additional risks, which can include, among others things, unfamiliar or different terrain, climate, food and drink, customs, laws, social and sexual norms, safety practices and regulations, difficulty in communication or transportation, criminal and law enforcement activities, acts of war or terrorism, disability access, driving practices, disease risks, including contagious diseases, viral or bacterial infections, and animal, food, water, or insect borne diseases or infections, and unavailability of and/or the limited scope and quality of healthcare services.

I represent to Pure Exploration that I have investigated the travel risks, consulted with others and evaluated the risks, and taken all health precautions that I deem necessary or advisable.

Conduct and conditions of participating in activity 

• I agree to operate with care, and obey the rules set out by Pure Exploration and instructions given by the instructor (or a representative of Pure Exploration), at all times.  

• I accept that if I do not adhere to the instructions and rules, or if I act dangerously, recklessly or in a way that might endanger myself or others, Pure Exploration may remove me from the activity. If this occurs, I acknowledge I will not receive a refund. 

• I accept that Pure Exploration reserves the right to cancel this program if they become concerned for my safety, or the safety of another person. 

• I agree to wear appropriate clothing and use/wear all safety clothing and equipment (as required by the instructor) at all times when participating.

Limited liability of Pure Exploration 

• I understand that if I act recklessly or intentionally, and don’t follow the rules or instructions set out by Pure Exploration and the instructor, which I have been made aware of, Pure Exploration will not be held responsible for any injury, damage or loss I cause to myself/my property, or another person/their property, resulting from my action (or lack of action).  

Responsibility

By participating in a Pure Exploration program, I assume certain obligations to Pure Exploration and the other program members. It is my responsibility to:

• Understand the conditions implied in the itinerary and trip suitability description. Select a program that is appropriate to your interests and abilities.
• Prepare for the program by familiarising yourself with the itinerary and program dossier.
• Bring appropriate gear and clothing as recommended by Pure Exploration.
• Follow considerate standards of personal hygiene to reduce risk of contracting diseases.
• Follow considerate social behaviour with other program participants and respect their habits.
• Act in an appropriate and courteous manner befitting the customs of countries you visit.
• Complete the program itinerary as scheduled (or as adjusted by your program leader as necessary).
• Respect the countries we visit by using environmentally safe products, staying on established routes of travel and not littering.

I am aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. Your program leader will do their utmost to ensure that any problems are solved for the benefit of the group. 

By confirming a place on our programs with a deposit and thus accepting our terms, conditions and liability release signifies your acceptance or the leader's authority to make decisions affecting the group or individuals. For instance, he/she may require an individual to leave the group if he/she believes that a person's health is at risk, if an illegal act is committed, or their behaviour becomes detrimental to the safety, enjoyment and well-being of the group. Should the leader take such action, that person would not be entitled to any refund. Similarly, a participant leaving a program en-route, will not be entitled to any refund. Under these circumstances, Pure Exploration reserves the right to set the amount of refund (if any).

Pure Exploration will not accept responsibility or liability for any program participant who contravenes any law or regulation of any country visited.

Damage to property or equipment 

Prior to program start date a refundable damage deposit of USD$250 is payable to Pure Exploration. (Adventure Guide program New Zealand ONLY)

This bond covers damage to Pure Exploration equipment and accommodation. The bond will be forfeited at either an individual or shared group level dependent on responsibility for any damage incurred. 

In the event that I further damage any of the equipment, or other property owned by Pure Exploration beyond the cost of the deposit, I agree to pay to Pure Exploration (all costs associated with repairing the damage.  

Suppliers & Operators
You acknowledge that Pure Exploration contracts with a network of companies, government agencies and individuals to assist in the running of its programs. To the best of Pure Explorations’ knowledge these third parties are qualified to perform the duties they are contracted to perform. However Pure Exploration will not be held liable for any injury, damage, loss, delay, or irregularity that may occur due to the behaviour of these third parties.

General
No employee, servant or agent of Pure Exploration has authority to vary these conditions.

• The terms and conditions of all agreements made with Pure Exploration shall be subject to, and governed by, New Zealand law. You agree New Zealand will be the forum for resolution of any dispute related to your participation in this program.

• If a dispute arises, you will try to resolve it directly with Pure Exploration. If you cannot resolve the dispute you agree to go to mediation first. You will agree the mediator with Pure Exploration within 10 days of notification of the dispute. If a mediator is not agreed or appointed, you and Pure Exploration agree to participate in arbitration under the Arbitration Act 1996 (NZ).

• The terms of this agreement shall serve as a release and assumption of risk binding on your heirs, Executor, administrator, and all members of your family.

• You understand that travelling with Pure Exploration may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that you are undertaking an adventure program with inherent dangers. You understand that you are travelling to geographical areas where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard you are used to at home or would find on a conventional holiday. You have read and understood the itinerary and suitability for this program you are undertaking and have provided details of any pre-existing medical conditions. You have read and understood the adventurous activity specific descriptions and risk disclosures. You accept these risks and obligations and you fully assume the risks of travel. You release Pure Exploration from any liabilities connected to these risks to the maximum extent permitted by law.

• I understand that this is a release of liability and a contract between me and EDA Limited, trading as Pure Exploration, and/or Its contracted program operators or affiliated organisations, and I accept this agreement of my own free will. If any part of this agreement is deemed unenforceable, all other parts shall remain in full force and effect.

PART 2: Travel Cancellation Policy

Payment Schedule & Booking Conditions

• Prices in our brochures and website are correct at the time of publishing.

• Pure Exploration reserves the right to alter these prices at any time. The price of your program is guaranteed when you have paid your deposit unless you accept a program transfer and therefore accept the terms and conditions affecting a transfer.

• Prices for departures beyond current season’s programs are indicative only.

• All program participants must acknowledge acceptance of the Liability Release and complete registration and medical forms found in the Traveller Area.

• Upon receiving your booking and confirming space on the program of your choice, pre-travel information covering gear to bring, health & vaccinations, travel insurance, flights and budgeting advice are provided to the participant. 

• If the program date you request is already full we will offer you an alternative date, an alternative program, or a full refund of your deposit.

• The final payment covering the balance of program cost is due 90 days before program departure unless you are making a booking for a program that begins in less than 90 days.

• Bookings accepted less than 90 days prior to departure can be secured with the deposit; full payment must then reach us within a further 14 days, unless otherwise specified in writing by your Program Advisor.

• If the balance is not received by the specified date. We reserve the right to cancel your booking and your program fees may be forfeited.

Cancellations

• If you decide to cancel your program, the following fees apply at the time (prior to departure) we receive written notice of your cancellation: 

90+ days before program commencement = forfeit 100% of program deposit 

89 to 0 days before program commencement = forfeit 100% of program deposit and 100% of program fees paid thus far

• If you fail to join the program, join after its departure or leave prior to its completion, Pure Exploration reserves the right to set the amount of refund (if any). Such terms are adopted in a similar form throughout the travel industry. They are usually covered by your trip cancellation/travel insurance, provided the reason for cancellation falls within the terms of the policy.

• Please speak to your program advisor regarding transfers. Not all programs are available for transfer. If your place is transferred to a program with a different price, you will be subject to the price and payment deadlines of your new program. If you transfer to a program that commences more than 365 days after your original program date, you will be subject to any future price increases that may occur for the program you have transferred to.

• Transfers are not available within 90 days from your program start date. 

• If you decide to transfer you forfeit your ability to get a refund for your transferred program.

• Pure Exploration reserves the right to cancel any program if sign-up is inadequate to make the tour economically feasible for us to operate. If this happens, we give a full refund of tour cost paid. However, Pure Exploration is not responsible for additional expenses incurred by you, in preparing for the trip (e.g. non-refundable air tickets, gear or medical expenses).  If a tour is under-booked we will inform you before final payment is due (+90 days prior to start date).
• If Pure Exploration does not cancel a Program, but terminates the Student’s participation in the program because of his/her failure to meet or abide by the Program’s basic eligibility requirements, policies, rules, and regulations of Pure Exploration, or all rules, regulations, and laws of the countries to be visited, or if Pure Exploration terminates the Student’s participation in the Program because of the Student’s inappropriate conduct, as determined by the Program Instructor(s) and/ or Pure Exploration Staff, the Student is  not entitled to any refund. Additionally, in such circumstances, the Student is responsible for costs of return travel. 

Insurance
Travel insurance is compulsory for all program participants. Your travel insurance must provide cover against personal accident, medical expenses, rescue services, emergency repatriation, evacuation, cancellation and personal liability. We also recommend it covers curtailment, loss of luggage and personal effects. The policy must cover the activities being undertaken, such as rock climbing, trekking (NZ program up to 3000m / ELP up to 6000m) kayaking, dependent on your specific program and inclusions. It is the responsibility of the student to understand the limits of any medical and evacuation policy, and to provide up-front payment of emergency services when required.

Program Modification
You acknowledge that travel on a Pure Exploration program requires a degree of flexibility, and understand that the route, accommodation, and modes of transport are subject to change without prior notice due to local circumstances. We reserve the right to make reasonable changes to the itinerary where deemed advisable for the comfort and well-being of program members. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside the control of Pure Exploration.

In such situations, Pure Exploration will explore reasonable alternative arrangements to re-route the program to another selected location, that offers a similar experience, or meets the syllabus requirements, as deemed by Pure Exploration, or will cancel the program. Pure Exploration will take reasonable steps to notify the participant of his/her options and otherwise limit the costs associated with the occurrence, to the extent possible. However, the participant agrees to be financially responsible for all costs expended on his/her behalf such as alternative international flight, travel, and accommodation costs and to otherwise reimburse Pure Exploration for any financial obligation incurred in this regard. Should a program be cancelled after program start due to events beyond Pure Explorations control or should a participant choose to not continue on a program that is re-routed, no refund will be issued.

PART 3:  Medical Authorisation

Medication/health conditions 

• I confirm I am physically fit and able to participate in the program and I have not been advised otherwise by a qualified medical person. 

• I have informed the staff of Pure Exploration of any medical conditions, previous injuries and any medication I am currently taking which may affect my ability to undertake the program.

• I consent to receive any medical treatment that may be deemed necessary by Pure Exploration in the event of injury, accident or illness while undertaking the program. 

• I understand it is my responsibility to disclose any conditions (health or otherwise) that may affect the safety and enjoyment of myself and those around me. 

Disclosures

• All participants must disclose any medical conditions, medications, physical, psychological or chronic conditions that may impact their ability to take part on our programs or in physical activities. These will be covered in both the pre-deposit interview and within the registration forms. 

• All participants must disclose any criminal convictions or other information that may impact their ability to travel prior to deposit being paid. 

Drugs/Alcohol 

• I confirm I am not under the influence of intoxicating alcohol or drugs (be they legal or illegal) which may in any way impair my ability to undertake the activity.  

Pure Exploration is not a medical facility and therefore is unable to accept any responsibility regarding medical advice, medications or vaccinations that you or your doctor deem necessary for your safe participation. Pure Exploration assumes no liability regarding provision of medical care. By accepting this liability release you give permission for Pure Exploration instructors, guides, agents, leaders or staff to provide any medical treatment they deem appropriate to sustain, preserve or prevent loss of life.

PART 4: Permission for Release of Information and Use of Photographs with Identifying Information 

• I give Pure Exploration permission to send me emails and/or post relating to Pure Exploration events and promotions.

• I give permission to representatives of Pure Exploration to use my/the Student’s name and any photographic or videographic images of me/the Student taken during the Program in Pure Exploration-related publications, information and promotional material, including the Pure Exploration website and social media channels.
  
  

PARTICIPANT SIGN-OFF 

I agree that by signing this Waiver and liability release:

1. I accept there are inherent risks and hazards associated with participating in the activity and I understand what these risks are (including serious harm and death); 
2. I am physically and mentally fit to participate and there is nothing I am aware of that will affect my ability to safely drive the vehicle, or impact the safety of other riders. 
3. I wish to proceed with the activity at my own risk.