Master Service Agreement &
Participant Waiver
Comprehensive Legal Terms for Guided Expeditions
Assumption of Risk
Trekking, hiking, and backpacking in mountainous terrain involve significant risks, including physical injury, permanent disability, or death.
Table of Articles
Warning: Read Carefully
By signing this document or participating in any activity, you acknowledge these risks and waive certain legal rights to sue the Company. This Agreement covers: One-Day Treks, 2-3 Day Backpacking Expeditions (Lite & Plus Variations).
Article I
Definitions and Interpretations
1.1 The "Company": Refers to the tour operator, its directors, employees, contractors, and guides.
1.2 The "Participant": Refers to the individual booking the trek and any minors for whom they are legally responsible.
1.3 "Lite" Variation: A budget-conscious service tier. All inclusions and exclusions are specified under the respective tab in each tour detail page.
1.4 "Plus" Variation: A premium service tier. All inclusions and exclusions are specified under the respective tab in each tour detail page.
Article II
Booking, Payments, and Contract Formation
2.1 Binding Contract: A legally binding contract is formed only when the Company issues a "Booking Confirmation" following receipt of the required deposit.
2.2 Payment Schedule
2.2.1 One-Day Treks: 100% payment is required upfront to secure a slot.
2.2.2 Multi-Day Treks: A non-refundable deposit of 50% is required at booking. The remaining 50% balance must be settled no later than 10 days prior to the departure date.
2.3 Failure to Pay: Failure to pay the balance by the deadline constitutes a "Participant Cancellation," and the Company reserves the right to re-sell the slot without a refund of the initial deposit.
Article III
Transportation and Seating Policies
Transportation to and from the trailhead is a collective logistical effort. Harmony in the vehicle is mandatory for a successful expedition.
3.1 Absolute Seating Authority: The Company and the Trek Lead hold the exclusive right to assign seats. Seating is determined based on safety, vehicle weight distribution, and logistical efficiency.
3.2 No Priority Claims: Participants shall not claim specific seats based on "first arrival" or "personal preference." Arguments, physical altercations, or verbal abuse directed at staff or fellow trekkers regarding seating will result in immediate expulsion from the trip.
3.3 Rotational Seating: On expeditions exceeding 24 hours, the Trek Lead may enforce a mandatory seat-rotation policy. Refusal to cooperate with the rotation schedule is considered a breach of this Agreement.
3.4 Medical Seating Requests: Requests for specific seating (e.g., due to motion sickness) must be submitted 48 hours in advance with a valid medical certificate. While the Company will attempt to accommodate, such requests are NOT guaranteed.
Article IV
Cancellations, Refunds, and Substitutions
| Days Before Departure | Refundable Amount | Trek Credit (Alt) |
|---|---|---|
| 7+ Days | 80% of Total Cost | 100% (6 mo validity) |
| 6-4 Days | 50% of Total Cost | 75% (6 mo validity) |
| 2-3 Days | 25% of Total Cost | 40% (3 mo validity) |
| Within 24 hours | No Refund | None |
Article V
Emergency Substitution Protocol
5.1 Last-Minute Cancellations by Company
In the event of "Acts of God" (landslides, weather, govt. closures) or "Company Emergencies" (last minute transportaion cancellation, last minute mass-cancellation) occurring within 12 hours of departure, the Participant is granted:
- Option A: Destination Substitution. The Participant may join an alternative trek offered by the Company on the same dates. If the new trek is more expensive, the Company absorbs the cost. If cheaper, the Company refunds the difference.
- Option B: Full Refund. A 100% refund of the trek fee paid to the Company.
5.2 Liability Limitation on External Costs: The Company's liability is strictly limited to the trek fee. The Company is NOT liable for any third-party expenses, including but not limited to: flight/train tickets, hotel stays before/after the trek, or personal gear purchases.
Article VI
Medical Fitness and On-Trek Safety
6.1 Medical Self-Declaration: The Participant warrants that they are in good health and have no underlying conditions (respiratory, cardiac, or orthopedic) that would make trekking dangerous.
6.2 Right to Terminate Participation: The Trek Lead reserves the right to stop a Participant from continuing at any point if they exhibit symptoms of AMS (Acute Mountain Sickness), exhaustion, or injury. In such cases, the Participant is responsible for all costs associated with their early descent.
Article VII
Equipment and Property Responsibility
7.1 Damage to Company Property: Participants (specifically in "Plus" variations) are responsible for the gear provided. Any damage to tents (zips, fabric), sleeping bags, or mats due to negligence (e.g., smoking inside tents, keeping sharp objects) will be billed at full replacement cost.
7.2 Personal Belongings: The Company is not a bailee. We are not responsible for the loss or damage of mobile phones, cameras, or jewelry, even if stored in bags carried by Company porters or transport vehicles.
Article VIII
Code of Conduct and Discipline
8.1 Zero-Tolerance Substance Policy
Consumption of alcohol, tobacco, or narcotics is strictly prohibited from the moment of boarding the vehicle until the completion of the trek. Violation results in immediate expulsion without refund.
8.2 Environmental Stewardship
We follow a "Zero Litter" policy. Participants caught littering in forest areas will be fined $100 (or equivalent local currency) and may be banned from future treks.
Article IX
Legal Provisions
9.1 Media Rights: The Company reserves the right to use any photographs or videos taken during the trek for marketing purposes unless the Participant opts out in writing prior to departure.
9.2 Severability: If any part of this Agreement is found to be unenforceable by a court, the remainder of the Agreement shall remain in full force and effect.
9.3 Governing Law: This Agreement is governed by the laws of the Company's registered jurisdiction. Any legal action must be brought in the courts of the same jurisdiction.
Article X
Participant Acknowledgment
By clicking "I Agree" during the online booking process, I acknowledge that I have read all ten (10) articles of this Master Service Agreement. I understand the seating policies, the cancellation terms, and the substitution protocols. I voluntarily assume all risks associated with the trek.
© 2026 Arya Adventure.