Flying Kites Enrollment Agreement
Please read carefully before checking the box. This document includes a release of certain legal rights.
In consideration for being permitted to engage in any activities and travel with Flying Kites Inc., a duly organized Rhode Island Corporation, the undersigned participant (“Participant”) agrees to the following terms and conditions set forth below. As used herein “Flying Kites” refers to Flying Kites Inc., Flying Kites Academy, Flying Kites Teacher Training Institute, Flying Kites Adventures, and any other affiliated entities, and each and every one of the directors, officers, agents, employees, volunteers, and subcontractors of those entities. All activities and travel associated with Flying Kites are referred to as the “Program.” Paragraphs 7-11 of this Agreement apply only to Flying Kites Adventure (“FK Adventure”) programs.
1. Age Requirement
Unless otherwise specified, the Participant must be eighteen years or older. Participants between the ages of fifteen and seventeen may participate in FK Adventures with the written permission from a parent or legal guardian and if accompanied by a parent or guardian on the Adventure. In any event, if the Participant is under eighteen, this Participation Enrollment Agreement must also be signed by a parent or guardian.
2. Fitness and Preparation
Participant represents that (s)he is adequately physically fit and mentally prepared for this type of travel and for the activities associated with this Program. Participant acknowledges that Flying Kites Programs are mentally and physically taxing. Participant has sufficiently prepared or trained for the Program. Participant has the sole responsibility to share all relevant medical and mental health information with Flying Kites prior to travel. If Flying Kites obtains information or otherwise determines before or during the course of the Program that Participant is not sufficiently fit, healthy, properly equipped, or able to complete the Program safely, they may remove Participant from the Program. This decision will be final and binding and is at the sole discretion of Flying Kites personnel. Any costs associated with Participant’s dismissal, including but not limited to additional hotel or flight expenses, will be solely at Participant’s (or, in the case of a minor, Participant’s parent’s) expense.
Prior to the trip (and in time to obtain all recommended vaccinations), Participant will consult a qualified travel physician for health advice and medical services related to travel to and within Kenya (and to and within any other countries as part of the Program, such as Tanzania in the case of a Mt. Kilimanjaro trip). Participant will review all information relevant to traveler’s health in applicable foreign countries on the Centers for Disease Control and Prevention’s website.
3. Medical Authorization and Release
In the case of a medical emergency, Participant authorizes Flying Kites to arrange necessary medical treatment and to sign any required consent forms on Participant’s behalf. Participant recognizes that due to the isolated and remote locations and conditions that (s)he will encounter on the Program, the availability, accessibility, and quality of medical services may be severely limited or even unavailable.
Participant accepts and acknowledges that regardless of the type of injury or illness that (s)he may sustain, the cost of any and all resultant medical care and assistance before, during, and after the Program is exclusively Participant’s responsibility.
Travel Insurance. Flying Kites requires all Participants to purchase travel insurance.
Medical Insurance. It is Participant’s sole and exclusive responsibility to obtain comprehensive medical insurance for the entire duration of the Program. Flying Kites does not provide any form of medical insurance.
Participant is responsible for understanding the specifics of all insurance policies, ensuring that the policy covers all activities and travel during the Program, and that there are no exclusion clauses which would limit the coverage for any activity type.
5. Compliance with Flying Kites Rules, Country Rules
Participant agrees to comply with the laws and regulations of the countries (s)he visits and with all reasonable instructions of Flying Kites or the contracted guide relating to the safety and organization of the Program. If Flying Kites, a tour guide, airline pilot, accommodation manager, country official, or other person in authority feels that Participant is behaving in such a manner as to cause danger, distress or annoyance to Participant or others, or to cause damage to property, Participant may be removed from the Program. In such an event, Flying Kites will have no liability to Participant, will not refund any money to Participant, and will not pay for any expenses Participant incurs as a result of being removed from the Program. Furthermore, Participant must reimburse Flying Kites for any expenses Flying Kites incurs as a result of Participant’s behavior.
6. Photography and Media Use
Flying Kites reserves the right to capture photographic, video, written, spoken, and other digital or analog media records of the Participant. Flying Kites may use any media record of the Participant for promotional and/or commercial purposes, whether taken before, during, or after the program. Flying Kites cannot control any media taken or produced by non-Flying Kites staff.
7. Reservations and Deposit
Places in FK Adventures are subject to availability and will be allocated on a first come, first served basis for those who properly complete all booking requirements. To book an FK Adventure, the Participant must submit a completed FK Adventure Booking Form and a deposit (as defined by the specific challenge) to Flying Kites. Deposits are counted towards the program fee. Flying Kites will issue the Participant an electronic receipt to confirm payment of the deposit and then notify the Participant within fourteen days of receiving his/her application whether (s)he has been accepted to participate in the requested Adventure. In the event the applicant is not accepted by Flying Kites, the applicant’s deposit will be returned in full. Once accepted, the deposit will be viewed as non-refundable and Applicants will be considered FK Adventure Participants upon signing this Agreement and accompanying Waiver and Release of Liability. If Flying Kites cancels an Adventure for any reason, the deposit will be refunded to the Participant.
If a Participant books a tour after a specified deadline, (s)he will be responsible for the amount due at that last deadline. Flying Kites reserves the right to decline any applications to participate in the FK Adventures program, and bookings are non-transferable.
8. Program Fee
Each FK Adventure has a mandatory program fee which covers the costs of the Participant’s Adventure. Program Fees are not tax-deductible. Program fees are due exactly two months prior to the start date of the Adventure. If the Participant fails to submit their Program Fees on time Flying Kites reserves the right to terminate the Participant’s involvement in the Adventure.
9. Raising Funds
In consideration of the acceptance of registration for the FK Adventures Program, the Participant agrees to collect the fundraising target for that Adventure according to the payment schedule outlined in the FK Adventures itinerary and to be personally responsible to Flying Kites for the difference if (s)he fails to collect the required funds. The Participant understands that the outstanding balance towards the applicable fundraising requirement will be charged to his/her credit card if (s)he has not met this requirement by the relevant deadline. The Participant must not fundraise for the tour until Flying Kites informs him/her that (s)he has been accepted as an FK Adventure Participant and (s)he submits this signed Enrollment Agreement and accompanying Waiver of and Release Liability to Flying Kites.
The Participant agrees that all funds raised under the auspices of Flying Kites Adventures will be given to Flying Kites and may not be used for any other charitable or personal purpose. If the Participant decides not to complete the Adventure or is required to withdraw from it for any reason, Flying Kites will keep any funds deposited with it. All offline donations must be submitted to Flying Kites within 14 days of receipt. Flying Kites reserves the right to cancel Participant’s Adventure if it is suspected that funds are being withheld.
Funds raised by Participants will go directly towards Flying Kites and not towards the Participant’s Adventure. Participants are responsible for the costs of international airfare, travel insurance, personal equipment, tips, overseas airport taxes, government imposed fees, visas, vaccinations, food and drink beyond that provided in the Adventure package, personal spending money, and any other activities beyond the Adventure itself.
10. Amendments to the Adventure Itinerary
During an FK Adventure, itinerary details may be and often are changed at short notice due to changing weather patterns, wildlife movements, and other factors out of Flying Kites' control. Flying Kites has the right to amend the Adventure itinerary whenever it is deemed necessary or advisable as well as to change Adventure dates should a certain percentage of Participants fail to meet their fundraising targets.
If Flying Kites must change the Participant's itinerary, it will notify the Participant as soon as possible. Flying Kites is not liable for any penalty charges associated with changing travel bookings to the departing airport or changing accommodation booked before the departure.
While Flying Kites makes every effort to secure suitable and reliable accommodation for its Adventure Participants, it is possible that the Participant's reserved accommodation may not be suitable or available upon arrival. In such cases, Flying Kites will make every effort to provide accommodation of a similar standard in the same area.
Flying Kites and its contracted guides have the sole authority to alter the itinerary during the course of the Adventure. All such amendments are final.
The Participant will only be allowed to participate in a later occurring Adventure if (s)he is unable to participate in her scheduled Adventure because of medical injury, illness, a death in the family, or other events approved by Flying Kites on a case-by-case basis. In such cases, all funds raised by the Participant will apply to the later occurring Adventure, but the Participant must pay for any additional costs required by the Adventure in which (s)he wishes to participate.
11. Cancellations and Removal from the Adventure
Flying Kites has the right in any circumstance to cancel the Adventure, but will not do so less than six weeks before the scheduled departure date unless it is for reasons outside of Flying Kite's control, as enumerated in Section 6 of these Terms. If Flying Kites must cancel the Participant's scheduled Adventure, the Participant may choose to enroll in an alternative Adventure (but will be responsible for any increased costs associated with the alternative Adventure or to forfeit his/her spot in the Adventure tour and receive a refund of his/her deposit. Any funds that the Participant has in his/her possession must be submitted to Flying Kites.
If a Participant wishes to withdraw from the Adventure, (s)he must inform Flying Kites in writing of this decision. If the Participant withdraws from the challenge, (s)he forfeit his/her deposit, and any funds raised and deposited with Flying Kites will not be returned. Any funds that the Participant has in his/her possession must be submitted to Flying Kites.
12. Force Majeure
Flying Kites will not be liable to return any funds to Participant if a Program is negatively affected, cut short, or cancelled because of an event which Flying Kites could not, even with all due care, foresee or avoid. Such events include war, threat of war, riots, unexpected government actions (including legislation, ordinances and decrees), terrorism, industrial disputes, extreme weather conditions, natural or nuclear disaster, epidemics, fire, road closures, pilferage, quarantines, dangers incident to sea, land and air travel, closed or congested airports, and other similar incidents beyond Flying Kites' control.
13. Jurisdiction and Other Legal Information
This document and all other aspects of Participant’s relationship with Flying Kites are governed by the laws of the Commonwealth of Massachusetts. Suffolk County, Massachusetts will be the sole jurisdiction and venue for any legal proceeding relating to or arising out of my participation in these activities. If a court or any other appropriate authority finds any portion of this document to be invalid, all other portions of this document will remain in full force and effect and binding upon the parties. This Enrollment Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
By checking the box, I have carefully read and fully understand all terms of this document. I clearly understand that this document contains a release of legal rights and I sign it of my own free will.