FK Adventures Terms and Conditions
Flying Kites, Inc., a non-profit corporation organized under the laws of the state of Rhode Island, its employees, and agents ("Flying Kites") accepts (the "Participant") into the Flying Kites Adventures Program (“FK Adventures” “Adventures”) in consideration for the Participant accepting the following terms and conditions (the "Terms") and attached Waiver of Liability as detailed below, and for paying Flying Kites the required funding as specified by the FK Adventures itinerary.
1. Participation Requirements. Unless otherwise specified, the Participant must be eighteen years or older to participate in an FK Adventure. 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.
FK Adventures are mentally and physically taxing excursions, and Participants must be adequately prepared for such strenuous conditions. To assure the Participant's safety, if Flying Kites or contracted tour guides determine before or during theAdventure that the Participant is not sufficiently fit, healthy, properly equipped, or able to complete the Adventure without affecting his/her safety or comfort, they may remove the Participant from the Adventure. This decision will be final and binding.
2. 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 Advenutre, 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 these Terms and attached Waiver 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.
3. Program Fee. Each FK Adventure has a mandatory program fee which covers the costs of the Participants Adventure. Program Fees are not tax-deductible. Program fees are due exactly two months prior to the stat date of the Adventure. If the Participant fails to submit their Program Fees on time Flying Kites reserves the right to terminate the Participants involvement in the Adventure.
3. 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 these signed Terms and attached Waiver of 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 Participants 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.
4. 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.
5. 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.
Participants must comply with the laws and regulations of the countries they visit and with all reasonable instructions of Flying Kites or the contracted guide relating to the safety and organization of the Adventure. If Flying Kites, a tour guide, airline pilot, accommodation manager, country official, or other person in authority feels that the Participant is behaving in such a manner as to cause danger, distress or annoyance to herself/himself or others, or to cause damage to property, (s)he may be removed from theAdventure. In such an event, Flying Kites will have no liability to the Participant, will not refund any money to the Participant, and will not pay for any expenses the Participant incurs as a result of being removed from theAdventure. Furthermore, a Participant removed from the Adventure must reimburse Flying Kites for any expenses Flying Kites incurs as a result of the Participant's behavior.
6. Force Majeure. Flying Kites will not be liable or return any funds to Participants if an Adventure 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.
7. Insurance and Medical Concerns. Flying Kites requires all Participants to purchase travel insurance.
In the case of a medical emergency, the Participant authorizes Flying Kites to arrange necessary medical treatment and to sign any required consent forms on the Participant's behalf to receive such medical treatment.
8. Liability. There are inherent hazards and risks associated with the FK Adventures which takes place some distance from a medical facility. The Participant accepts such risks and chooses to proceed with the Adventure. Participants participate in the Adventure at their own risk and are at all times responsible for their personal possessions and liable for any losses they may incur traveling to and participating in the Adventure.
The Participant understands and agrees that Flying Kites may not be held liable or responsible in any way for a Participant's injury, death, damages, or events that may occur as a result of the Participant's participation in the Adventure.
The air carriers, hotels and other suppliers providing travel or other services for FK Adventure are independent contractors and are not agents or employees of Flying Kites. Flying Kites is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting there from.
9. Media Release. The Participant agrees that any video, recordings, and/or photographs taken of the Participant by Flying Kites prior to, during, or after the Adventure may be used in publicity material connected with the Adventure and that Flying Kites will retain all rights, title and interest in these photographs, including but not limited to any royalties, proceeds, or other benefits derived from them.
10. Jurisdiction and Other Legal Information. The laws of the State of Rhode Island governs these Terms and Conditions, and the Participant consents to the exclusive jurisdiction and venue of courts in Rhode Island in all disputes arising out of or relating to FK Adventure programs.
The Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration under the rules of the American Arbitration Association.
These Terms and attached waiver constitute the entire agreement between the Participant and Flying Kites and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction of the State of Rhode Island, such invalidation of such part or portion should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
By checking the box on the apply form, the Participant indicates that (s)he has read, understands, and agrees to the Flying Kites Adventures Terms and Conditions.
Liability Release, Waiver, Discharge, and Covenant Not to Sue
This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, "Release"), made voluntarily by the I the Participant, or Releasor, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Releasor," "I" or "me," terms that shall also include Releasor's parents or guardian, if Releasor is under 18 years of age) to Flying Kites, Inc. ("Flying Kites").
As the Releasor, having checked the box on the waiver form/signed below, I fully recognize that there are dangers and risks to which I may be exposed by participating in the Flying Kites Adventure (the "Adventure"). As the Releasor, I understand that Flying Kites does not require me to participate in this Activity, but I want to do so despite the possible dangers and risks and despite this Release. With informed consent, and for valuable consideration received, including assistance provided by Flying Kites, as the Releasor, I agree to assume and take on myself all of the risks and responsibilities any way arising from or associated with this Adventure, and I release Flying Kites and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively, "Releasees"), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Adventure, including any injury or harm to me, my death, or damage to my property (collectively "Liabilities"), and I agree to hold Releasees harmless from any and all Liabilities.
As the Releasor, I recognize that this Release means I am giving up, among other things, all rights to sue Releasees for injuries, damages or losses I may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as myself. I also affirm that I have adequate medical and travel insurance to cover any medical assistance I may require. I agree not to participate in the Adventure unless I am medically able, and I agree to abide by the decision of Flying Kites and its agents regarding whether I may participate in the Adventure.
I agree that this Release shall be governed for all purposes by Massachusetts law, without regard to such law on choice of law.
By agreeing to FK Adventures Terms and conditions I am acknowledging that I have read this entire Release. I fully understand the entire Release and acknowledge that I have had the opportunity to review this Release with an attorney of my choosing if I so desire, and I agree to be legally bound by the release.