Booking Terms & Conditions

Aperture Journeys LLC Booking Terms and Conditions Agreement

Overview

Please read carefully before signing or acknowledging your agreement by booking a tour with us as it is a legally binding contract. Each traveler must sign or acknowledge agreement onlinethrough the booking process or via a separate form. A parent/guardian must sign or acknowledge agreement online for minors under 18 years of age.

In consideration of the services (“tour”) provided by Aperture Journeys LLC (“the Company,” “we,” or “us”), I, an adult traveler or parent or legal guardian of a traveler who is a minor (under 18 years of age; the “Child” or “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf or, if applicable, on behalf of the Child:

Read this agreement thoroughly and carefully before booking a trip with us. The terms and conditions in this agreement govern your tour booking. These terms and conditions collectively referred to as the Booking Terms and Conditions agreement, together with the terms and conditions of our Suppliers and Service Providers constitute a legally binding contract and the entire agreement governing the relationship between you and the company. There is no verbal or written representation, warranty, prior agreement, or description of services other than as expressed herein. These terms and conditions contain important waiver of your legal rights including releases of liability, waiver of class action and notice and venue selection clauses, so you should read them carefully and address any questions you may have with us.

By accepting you certify that you are an adult with full legal authority to enter into this passenger agreement for yourself and on behalf of all accompanying passengers on your reservation, and that you understand and accept all such terms and conditions. The Booking Terms and Conditions agreement must be accepted at the time of Tour booking or your reservation will be canceled.

By booking a tour with us you are acknowledging your agreement with the terms and conditions of this agreement document, you accept all the terms in this agreement and direct us to perform services on your behalf. All persons named in this booking (“Participants”) are subject to this agreement. By signing this agreement, you affirm that you have made all other Participants listed in the booking aware of these terms – regardless of how final payment is made – and that all Participants accept these terms.

In the case the booking is made by a Travel Advisor, the Advisor is responsible to provide all guests with a copy of our terms and conditions. Aperture Journeys LLC is not responsible for any guest’s unawareness of the Terms and Conditions due to the failure of the lead guest or Travel Advisor to share this information with all other guests/guests.  If you do not agree with our terms and conditions you must speak with us before making any booking.

APERTURE JOURNEYS LLC is registered with the State of Florida as a Seller of Travel. Registration No. ST42863.

Definitions:

You or passenger: Refers to each passenger booking, purchasing, or traveling on a Tour, including any accompanying minors and all the passenger’s heirs, successors in interest and personal representatives.

Company: or the terms “we” or “us” refer to Aperture Journeys LLC, a limited liability company registered in the State of Florida and all affiliated companies.

Supplier: Means a company organizing multiple services, obtained from various service providers, as a package.

Service Provider: Means a company that is providing services such as accommodations, activities, transportation, and other services that may be part of the tour.

Standard Tour: A tour that is not private. A tour that is offered by the company and available for purchase by the general public. Development costs can be distributed across a larger customer base.

Private Tour: A tour made available only to a private group of individuals or business. A tour that is not made available for purchase by the general public. Private tours involve extensive development costs for research, design, and development. Often these tours require in country research & development prior to implementation.

Tour Operator:The Company is a “tour operator” which means we organize, promote, and sell tour programs consisting of travel services that are provided by Suppliers and Service Providers. The Company acts only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities or other goods and services connected with your tour (“Supplier” or “Service Providers”). You acknowledge that you are aware and clearly understand that these Suppliers and service providers are independent companies, are not managed by Company, and are not agents or employees of the Company. A Supplier’s or Service Provider’s services are subject to the Supplier’s or Service Provider’s own terms and conditions and the local laws and regulations of the relevant country. The Company will not provide any refund for a Supplier’s delay, cancellation, overbooking, insolvency, bankruptcy, or strike.

Reservations, Payments & Cancellations

Reservations: You may reserve space on a tour by completing a website booking at www.aperturejourneys.com . A booking is not final until you have agreed and signed or acknowledge your agreement online with this document (Booking Terms and Conditions) Waiver of Liability, Assumption of Risk and receive a final confirmation from us.

Deposits and Final Payment: A deposit of 10% (standard tours) and 30% (private tours) of the tour price per person is required at the time of booking. Final payment is due 90 days for standard tours and 120 days for private tours prior to departure. If your booking is made within 90 days (Standard Tour) or 120 days (Private Tour)of departure, the entire tour cost must be paid at the time of booking. Payments may be made by credit card, check or wire transfer. If you pay your deposit by wire or check, we cannot confirm your reservation until your payment has cleared the bank. Company will not be responsible for wire transfer fees incurred by you. Checks returned by the bank will incur a $50 returned check fee.

Payment
‍Standard Tours	Private Tours
At the time of booking A deposit equal to 10% of the tour price 90 days prior to departure Final/full Payment due	At the time of booking A deposit equal to 30% of the tour price 120 days prior to departure Final/full Payment due
If Booking is made within 90 days or less before departure – Full Payment at the time of booking	If Booking is made within 120 days or less before departure – Full Payment at the time of booking

Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.

Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.

While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you may dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. The Company retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.

• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.

• Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.

• Chargebacks resulting from force majeure or other circumstances that are beyond the control of The Company or the Supplier.

• Chargebacks resulting because you do not agree with the cancellation policy.

Cancellations by You and Refunds: To cancel your booking, you must submit your request to us in writing by email at terms@aperturejourneys.com or postal mail at Aperture Journeys LLC, 1343 Main Street Suite 705, Sarasota FL 34236. Cancellation fees will be applied per person according to the following schedule, based on the date we receive your written notification:

Cancellations
‍Standard Tours	Private Tours
‍Up to 121 days prior to departure- No Loss	Up to 181 Days prior to departure – No Loss
Up to 120 – 91 days prior to departure, loss of deposit amount	Up to 180 – 121 days prior to departure, loss of deposit amount
Within 90– 61 days prior to departure, loss of 50% of tour costs	Within 120 – 91days prior to departure, loss of 50% of tour costs
Within 60days prior to departure, loss of 100% of tour costs	Within 90days prior to departure, loss of 100% of tour costs

Room Sharing:
If a customer is sharing a room with another customer and that roommate customer cancels, the remaining customer will be subject to single supplement fees.

All cancellations are subject to the terms and conditions of our suppliers. Some suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund.

If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.

Changes by You:If you change your tour dates or alter your itinerary after we confirm your tour, a change fee will be imposed. The type and scope of change dictates the amount of the change fee. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. These are included in the change fee and can be substantial.

Cancellations or Changes by Us and Flexibility: We reserve the right to cancel, alter or modify any tour without prior notice for any reason. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.

Any changes may require a supplemental payment from you or result in a refund less any cancellation fees and nonrefundable deposits. If we cancel, which is rare, a check for a full refund will be issued to you less any airline ticket cancellation fees and nonrefundable deposits advanced to local suppliers. This refund will constitute full settlement of claims you may have arising out of our cancellation. This does not include cancellation for Force Majeure as outlined below.

No refunds will be provided for any unused portion of a tour once the tour begins, including if you leave a tour for any reason or have to be removed from a tour. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, personal, family, or medical emergencies or any other circumstances beyond our control. For this reason, we require you to purchase trip cancellation and interruption insurance these types of losses.

Force Majeure:Company will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of the Company, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine pandemic, epidemic, government intervention, weather conditions, and unforeseen circumstances. If the Company and/or any of its Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once the Company has investigated the prevailing situation, as it deems fit, it shall remain in the Company’s sole and absolute discretion whether to proceed with the tour. In the circumstances amounting to Force Majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by the Company, although we may retain the deposit which constitutes our efforts in planning the tour.

Price Adjustments: The quoted tour price is based on tariffs, fees, airfares, and costs in effect at the time you sign this agreement. We reserve the right to increase the quoted price after booking if inflation, costs of fuel, labor or materials, airfares, supplier costs, currency exchange rates, tariffs, government fees, and admission charges change. You agree to and will pay for any price increase. We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

Credit Card Authorization for Post-Booking Charges: You authorize the Company to charge your credit card number for any change fees, price increases, or supplemental payments that you incur post-booking. If you prefer a different payment method, you must notify us in writing at the time of booking.

No Refunds for Personal Expenses: You will not be reimbursed for any personal expenses such as airfare, hotel, or other travel expenses due to changes in itineraries or tour cancellations.

Pre-Departure Documentation: It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to confirm that all information is correct. You must notify us immediately, in writing, for any inaccuracies. This agreement, a waiver of liability and assumption of risk agreement must be signed, or your agreement acknowledged online, and submitted by you. If you fail to submit this and other necessary documentation prior to departure, we reserve the right to treat your booking as canceled by you and impose the cancellation fees described in this agreement.

Destinations

Destinations: Travel to certain destinations may involve greater risk than others. The Company urges passengers to remain informed as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, and understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, The Company will not be liable for damages or losses that result from travel to such destinations.

Passports and Visas: You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. You must carry copies of your passport ID page and foreign visa with you at all times. Passports are required for all U.S. citizens traveling abroad and shall be valid for at least 6 months after your date of return. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.

Tour Participant Expectations: The Company’s tours are physically active; our hotels are often centrally located but may provide fewer American-style amenities. On any Company tour, you assume certain obligations and responsibilities to the Company and your fellow tour participants, including, but not limited to, the following:

• Carry or roll your own luggage from the bus to the hotel.

• Be comfortable on your feet with brisk two-hour walking tours, climbing stairs, hopping on and off public transportation, plus standing and walking for up to four hours inside museums and outdoors in all weather conditions.

• Sleep in hotels with no (or inadequate) air conditioning, possible street noise, and slow Wi-Fi connections or Wi-Fi only in common areas.

• After orientation and transportation lessons, be able to navigate towns and cities on your own.

• Tour members requiring help must be accompanied by an able companion who can be entirely responsible for providing the assistance. If you have concerns about the physical demands of our tours, please call us!

Tour Start Date: It is your responsibility to be ready to embark on the tour as specified in the itinerary. The Company is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.

Compliance with Local Laws and Tour Etiquette: You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, the Company or the local guide/supplier has the right in its sole discretion to remove anyone a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from the comfort, convenience or safety of the tour participants including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other passengers or if we reasonably determine your condition would adversely affect your health, safety or enjoyment or that of other passengers If we remove you from a trip in progress you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.

Smoking policy: No smoking or vaping is allowed on the bus, in the hotel, or where other tour members are present.

Travel Insurance:

The tour price does not include travel insurance. We require that you purchase comprehensive travel insurance, covering trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation, and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. You agree to assume all costs of medical care and transportation.Proof of coverage is required for each tour participant at the time of tour Booking. We also strongly recommend the purchase of additional Cancel for Any Reason Coverage if and when available. We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. The Company cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Health Requirements and Medical Care:

Our tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By signing or your online acknowledgment of the this agreement, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour. If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. We reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands. Company assumes no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the tour.

Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, The Company and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise Suppliers of your request, but we cannot guarantee their availability.

Complaint Procedure:

If you have a complaint during your tour, you must promptly notify the Companyor your tour leader of the problem so that they can attempt to remedy the situation. Failure to do so while you are on the tour will extinguish your ability to claim compensation from the Company. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds. If you are not satisfied after using this notice procedure, you must submit your complaint in writing to the Company within 14 days of the tour’s end date. Company will not accept any liability for claims received after this period.

Photo and Video Release:

We reserve the right to take photographs and video during your trip. By with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, likeness, or name, , without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages, and expenses of any kind arising out of or relating to the use by us of your image likeness, or name,. If you prefer that your image or likeness not be used, you must advise us in writing, no later than 30 days prior to your departure date. Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

Limitation of Remedies: You agree that the sole remedy for any default by the Companyarising under this agreement shall be the return of the paid tour cost. To the maximum extent permitted under applicable law, Company shall not be liable for any special, consequential, indirect, incidental, or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Company has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.

Severability: If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.

Successors and Assigns: This agreement shall inure to the benefit of and be binding upon the Company and the Participant and their respective heirs, legal personal representatives, successors, and assigns.

Updating of Terms and Conditions:

Company reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions. The latest terms and conditions can be found on the Company website https://www.aperturejourneys.com/ .

Law/Venue:

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Sarasota, Florida. You agree that you will only bring claims against the Company in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. The Company shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against The Company unless you have first provided a typewritten notice of claim to the Company within 30 days after the tour or cancellation of the trip.

Claims Deadline and Exclusive Jurisdiction:

You agree to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the courts in Sarasota, Florida will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.

Merger:

This Agreement and the terms of our Suppliers is the final, complete, and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.

Waiver of Liability

Responsibility: Aperture Journeys LLC, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors, and assigns (collectively, “the Company”), which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier or other third party, or for their financial insolvency, bankruptcy, or dissolution. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country. By accepting or utilizing the services of the supplier, you agree that neither The Company, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of The Company. The Company assumes no responsibility or liability for personal property.

COVID-19 Disclaimer and Release

1. You are aware of the COVID-19 pandemic and related government laws, regulations, orders, directives, and guidelines (collectively “directives”) including directives for frequent and thorough hand washing with soap and water, social distancing, and use of facemasks in public locations. You are aware that participation in your tour activities is occurring in public locations, which may be or may have been affected by the COVID-19 pandemic.

• • You are aware that COVID-19 is a highly contagious and dangerous disease that is believed to spread mainly from person-to-person contact, and that contact with the virus that causes COVID-19 may result in significant personal injury or death.

  • You are aware that you could encounter others, including but not limited to others traveling with The Company, who have COVID-19 or other infectious diseases, or who are infected with the virus that causes COVID-19 or other viruses but who exhibit no symptoms of infection or an infectious disease, which could result in your having serious medical conditions requiring medical treatment in a hospital, quarantine in a government-appointed location, and could possibly lead to death.

  • You are aware that some diseases may not produce symptoms during the actual trip, but may after the trip.

  • You are aware The Company requires all participants to adhere to all local, state, federal, national, and international directives regarding social distancing, facemasks, and other public health requirements.

  • You are aware The Company must abide by the laws and regulations of local, state, federal, and other national and international governments regarding the safety and the spread of communicable diseases, which may include quarantine in a foreign location, at your expense, without physical access to family and friends and could result in trip interruption or cancellation.

  • You are aware that, where possible, The Company will continue to implement policies intended to reduce the potential for the spread of COVID-19 and any other infectious disease, but that The Company cannot guarantee that you, or members of your traveling party, will not become infected with COVID-19 or any other infectious disease as a result of participating in the tour.

2. You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regard to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find International Travel Information” then click on “Country Information”, and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country.

3. Rules of Travel Suppliers and Governments: We have no responsibility for COVID-19 related requirements that travel suppliers and governments may impose from time to time, such as health affidavit forms, health screenings prior to departure or upon arrival, face coverings, or quarantines. For the latest COVID-19 government travel regulations, we recommend going to IATA’s website at https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm. For the latest travel supplier requirements, check the supplier’s home page. You are responsible for understanding all requirements related to your travel and must not rely on The Company for such information.

4. You acknowledge that you have received the risk warnings above and that any representation you receive from any other person, whether orally, in writing or otherwise, will not be taken as a contradiction of the risk warnings above.

5. You are voluntarily participating in this tour with knowledge of the inherent risks of COVID-19, and you agree to assume all risks. You are aware that payment of the deposit on the reservation indicates acknowledgment and acceptance of these risks.

To the extent permitted by law, you hereby:

1. assume and agree to accept any and all risks related to COVID-19 during the course of your travel with The Company on the tour

2. release The Company and its employees, officers, directors, and agents, (“the Releasees”) from any and all claims that may accordingly arise during the course of your participation in the tour.

This Waiver shall be binding on you, your family, your heirs, and any attorney, agent, executor, trustee, representative, or assignee to the extent permitted by law. You hereby agree to indemnify and hold harmless The Company and the Releasees for any claims against The Company or the Releasees by any member of your family, your heirs or assigns, your estate, your employer, or by any other person for whom or to whom you are or may be responsible, whether at law or otherwise.

Travel Insurance:

You agree to purchase travel insurance and understand that the terms of the insurance policy will determine coverage which may or may not include cancellations due to outbreaks, epidemics, or pandemics. The Tour Operator cannot provide insurance advice and you agree to discuss coverage with your insurance provider. You agree to release the Tour Operator from any and all liability for any such damages or losses that may arise from such cancellation or interruption of the Tour.

Assumption of Risk:

I have voluntarily applied to participate in the tour on which I am booked, which may involve walking, hiking, river rafting, riding in or on off road vehicles, using Marine, Ground, Rail, Air, Cable Car, and various other forms of transportation and/or other indoor or outdoor activities. I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Tour Activities; negligence in any manner on the part of the Company; emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; forces of nature; explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; Motor vehicle accidents; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; sanitation deficiencies; illness; disease or virus, both known and unknown, such as coronavirus (including but not limited to the community spread thereof); epidemic; pandemic; quarantine; border closures; government travel restrictions or warnings; regulations or orders, acts or non-acts of any governmental entity or official; diplomatic or health organization (e.g., World Health Organization) warnings; foodborne, airborne, and communicable illnesses and disease; bites or stings from insects or pests; unexpected events; terrorist activities, social or labor unrest or strike; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; negligence or intentional actions by other participants including traveling while sick with or without symptoms or any actions, omissions, or conditions outside of the Company’s control not mentioned in this agreement. I understand the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

I assume full and complete responsibility for checking, confirming, and complying with any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those destinations.

Release of Liability:

As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by the Company, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.

I also understand that I will be a member of a group and will conduct myself in a way that will not endanger the group or myself. I understand that if I fraudulently represent myself as fit for this trip, I may be removed prior to or during the trip at my own expense.

As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by the Company, I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER Aperture Journeys LLC, their owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by the Company.

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release the Company from any and all liability to the maximum extent permitted by law.

Indemnification: I further agree to “indemnify” (meaning to defend and to pay or reimburse) The Company against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the tour or my participation in the Adventure Activities.

Law/Venue: This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Sarasota, Florida. You understand and agree that no claims will be considered and that you will not bring suit against The Company unless you have first provided a typewritten notice of claim to the Company within 30 days after the tour or cancellation of the trip.

Class Action Waiver and No Punitive Damages: You are waiving your right to serve as a representative, litigant, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit/arbitration filed against us In no event shall we be liable for or pay punitive damages.

Knowing and Voluntary Execution: I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all its conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I understand that in calculating the cost of the tour, the Company has relied on my consent to these terms and their enforceability. Without this agreement, the tour cost would have been higher or, alternatively, the Company would not be able to offer these services.

I agree that execution (via signing or acknowledgment of this agreement through the booking process) of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.

I am the parent or legal guardian of the minor. I understand the legal consequences of signing or online acknowledgment of my agreement with this Agreement, including a) releasing Aperture Journeys LLC from all liability on my and the minor’s behalf, b) promising not to sue on my and the minor’s behalf, c) assuming all risks of the minor’s participation in the tour, and d) indemnifying Aperture Journeys LLC. I understand that I am responsible for the obligations and the acts of the identified minor as described in this document. I agree to be bound by the terms of this document.

I have read this agreement in its entirety, and I am signing or acknowledging it through the booking process freely. No other representations concerning the legal effect of this document have been made to me.