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  • Laibility Waiver

LIABILITY WAIVER, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY BEFORE SIGNING.

Please retain a copy of this Agreement for your records. A parent or legal guardian must sign for any participant under the age of 18.
IMPORTANT PARTICIPANT ACKNOWLEDGEMENT
Before signing this Agreement, please confirm that you understand the following key points:

• This tour may take place in various regions of South Asia, including remote mountain areas of the Himalayas in India and Nepal, as well as rural regions, deserts, historic cities, and culturally diverse destinations.
• Travel conditions, infrastructure, medical facilities, and safety standards may differ significantly from those in the participant’s home country.
• Adventure activities such as motorcycle riding, cycling, trekking, and outdoor travel involve inherent risks.
• Travel at high altitude in Himalayan regions may involve risks including Altitude Sickness (AMS, HAPE, HACE) regardless of physical fitness or previous experience.
• Medical evacuation in remote areas may be delayed or unavailable, and associated costs are the responsibility of the participant.
By signing this Agreement, you confirm that you have read and understood these risks and voluntarily agree to participate in the Tour.

1. RESPONSIBILITY
In consideration of the services (“Tour”) provided by International Adventure Travel Himalaya, its owners, directors, officers, employees, guides, contractors, and affiliates (collectively referred to as “IATH” or “the Company”), I acknowledge and agree to the following terms.
The Company exercises reasonable care in selecting service providers involved in the Tour.
However, the Company does not own, operate, control, or manage all entities providing goods or services during the Tour including but not limited to transportation providers, hotels, airlines, vehicle operators, guides, activity providers, and excursion operators (collectively referred to as Third-Party Suppliers).
These suppliers operate as independent contractors. The Company shall not be responsible for the acts, omissions, negligence, delays, or service failures of such Third-Party Suppliers.
2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
Participation in the Tour may involve activities such as:
• trekking or hiking
• cycling
• motorcycle riding
• horseback riding
• vehicle travel on rural or mountain roads
• outdoor cultural and adventure activities
These activities involve inherent risks including but not limited to:

• slips or falls on uneven terrain
• vehicle or motorcycle accidents
• falling rocks or debris
• wildlife encounters
• insect or animal bites
• extreme weather conditions
• equipment malfunction
• injury caused by other participants
This list is not exhaustive.
3. HIGH-ALTITUDE AND HIMALAYAN TRAVEL RISKS
Some tours operate in high-altitude regions of the Himalayas in India and Nepal, often exceeding 2,500–5,000 meters above sea level.
High-altitude travel may involve risks including: • Acute Mountain Sickness (AMS)
• High Altitude Pulmonary Edema (HAPE)
• High Altitude Cerebral Edema (HACE)
• dizziness, headaches, nausea, fatigue, breathing difficulty
• extreme cold and rapidly changing weather conditions
Altitude sickness can occur regardless of physical fitness or previous experience.
Medical facilities in remote mountain regions may be limited and evacuation may be delayed due to weather, terrain, or infrastructure limitations.
4. GUIDE AUTHORITY AND SAFETY COMPLIANCE
Participants agree to follow all instructions and safety guidance provided by tour leaders, guides, and Company representatives.
Tour leaders may modify routes, itineraries, or activities when necessary for safety, weather conditions, operational requirements, or participant wellbeing.
Participants acknowledge that failure to follow safety instructions, reckless behavior, or conduct that endangers the participant or others may result in removal from the Tour without refund.
Participants agree that the Company and its guides have the authority to make safety-related decisions during the Tour.
5. MOTORCYCLE AND VEHICLE OPERATION RESPONSIBILITY
For tours involving motorcycles, bicycles, or other vehicles, participants acknowledge that operating vehicles in remote or mountainous regions involves inherent risks.
Road conditions in India and Nepal may include:
• narrow roads
• gravel or dirt surfaces
• steep gradients
• wildlife crossings
• unpredictable traffic conditions
Participants retain full control of their vehicle at all times and are solely responsible for their own riding decisions including speed, braking, maneuvering, and riding ability.
The Company provides route guidance and safety briefings; however, participants must ride at a pace appropriate for their own skill level and comfort.
Participants must hold a valid driving license appropriate for the vehicle used during the Tour.
6. MOTORCYCLE DAMAGE RESPONSIBILITY
Participants operating motorcycles or other vehicles provided during the Tour are responsible for any damage caused to the vehicle as a result of accident, negligence, misuse, or improper operation.
Participants agree to compensate the Company for the reasonable cost of repair or replacement of any vehicle or equipment damaged while under the participant’s control, except where such damage results solely from mechanical failure not caused by the participant. 7. ALCOHOL AND ILLEGAL SUBSTANCES
The possession or use of illegal drugs or controlled substances during the Tour is strictly prohibited.
Moderate alcohol consumption may be permitted in accordance with local laws. Behavior resulting from intoxication that endangers participants or disrupts the Tour may result in immediate removal from the Tour without refund.
8. MEDICAL CERTIFICATION AND EMERGENCIES
If a participant requires emergency evacuation, hospitalization, or medical treatment during the Tour, all associated costs shall be the responsibility of the participant.
These costs may include:
• helicopter evacuation
• ambulance transportation
• hospital treatment
• medication
• emergency logistical arrangements
Participants are strongly advised to obtain comprehensive travel insurance covering emergency evacuation and medical treatment.
9. TRAVEL INFORMATION RESPONSIBILITY
Participants are responsible for obtaining relevant travel information including visas, vaccinations, travel advisories, and health guidance related to travel in India and Nepal.
Participants acknowledge that tours may involve international travel across borders between India and Nepal, and that infrastructure, laws, and medical facilities may differ from those in their home country.
10. TOUR DIFFICULTY AND PARTICIPANT EXPECTATIONS
Adventure travel may involve physical, environmental, and logistical challenges.
Descriptions of tour difficulty, distances, terrain conditions, and itinerary details are provided as general guidance only.
Actual conditions may vary depending on weather conditions, road conditions, participant abilities, and operational requirements.
Such variations shall not constitute misrepresentation by the Company.
11. DEVIATION FROM TOUR
If a participant voluntarily leaves the designated tour route or separates from the group, they do so entirely at their own risk.
The Company shall not be responsible for any consequences resulting from such deviation.
12. WAIVER OF LIABILITY AND RELEASE
To the fullest extent permitted by law, participants release and discharge International Adventure Travel Himalaya and its representatives from liability arising from participation in the Tour.
Participants agree to indemnify and hold harmless the Company from any claims, damages, or legal costs arising from their actions during the Tour.
13. PHOTOGRAPHY AND MEDIA CONSENT
Photographs or videos may be taken during the Tour.
Participants grant permission to the Company to use such images for promotional and marketing purposes, including websites and social media platforms.
Participants who do not wish to appear in such materials must notify the Company in writing prior to the Tour.
14. ELECTRONIC SIGNATURE AND PROPOSAL ACCEPTANCE
This Agreement may be presented electronically through the Company’s proposal or booking platform.
By approving a proposal or itinerary electronically, the participant acknowledges that such approval constitutes a legally binding electronic signature and acceptance of this Agreement.
The participant’s electronic signature applies to all pages of this Agreement.
15. JURISDICTION
ANY DISPUTE IF ARISES IS SUBJECT MATTER TO THE JURISDICTION OF THE COURTS AND TRIBUNALS AT MANALI DISTRICT KULLU OF HIMACHAL PRADESH IN INDIA SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THIS TOUR PACKAGE.
16. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
17. KNOWING AND VOLUNTARY EXECUTION
By signing this Agreement, the participant confirms that:
• they have read and understood this Agreement
• they understand that they are giving up certain legal rights
• they voluntarily agree to the terms of this
The participant’s electronic signature applies to all pages of this Agreement.