OVERVIEW
This website is operated by Tyler’s Backcountry Awareness. Throughout the site, the terms “we”, “us” and “our” refer to Tyler’s Backcountry Awareness. Tyler’s Backcountry Awareness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Membership Works. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tyler’s Backcountry Awareness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tyler’s Backcountry Awareness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CLASSES
Terms and Conditions for Classes
By booking or participating in a class and any related products or services (a “Class”) with Tyler’s Backcountry Awareness, (the “Instructor”), you (“you”) agree to these Terms & Conditions (the “Terms”).
By booking a Class you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when the Instructor issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Instructor or authorized agent immediately. Please ensure that names are exactly as stated in the relevant identification.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Instructor.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Class booking, notifying the Instructor or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Instructor will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by the Instructor. Medical Forms are mandatory for certain Classes. If you, or any participant for whom you are booking, have any pre-existing medical conditions which may impact your or such other participant’s ability to travel, participate in a Class, travel to remote areas without access to medical facilities or that may adversely affect the experience of others in your Class, you must inform the Instructor. You may need to have a form signed by a licensed and practicing physician and give it to the Instructor prior to or at the time of final payment for the applicable booking.
You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. The Instructor will maintain the information in accordance with the Instructor’s Privacy Policy.
The Instructor reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Class.
The Instructor reserves the right to deny you permission to travel or participate in any aspect of a Class at any time, and at your own risk and expense, where the Instructor determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to the Instructor at the time of booking. The Instructor may refuse to carry women who are pregnant. The Instructor may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by the Instructor for any reason by the deadline indicated above, the Instructor reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Class is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Instructor does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Class based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with the Instructor may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in urban settings. The condition of medical facilities you may visit in your Class varies and the Instructor makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to the Instructor at the time of booking. The Instructor will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Instructor at the time of booking but the Instructor cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Instructor and the Instruction is not liable for any failure to accommodate or fulfill such requests.
5. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Class description or by the Instructor, minors are not permitted in any Class by themselves.
All bookings with a minor are subject to review and approval by the Instructor. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Instructor will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Instructor does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. INSURANCE REQUIREMENTS
YOU MAY WANT TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US $200,000 covering all applicable dates of travel with the Instructor. This insurance must cover personal injury and emergency medical expenses. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Class offered by the Instructor and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
The Instructor will not increase the price of your Class after you have paid in full. Classes are priced and advertised inclusive of applicable taxes.
From time-to-time the Instructor may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Instructor are not entitled to reduced pricing.
8. VALIDITY
All dates, itineraries and prices of Classes are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Class and any other products or services, including, but not limited to checking the Instructor’s website at least 72 hours prior to starting as minor changes may have been made after the time of booking.
9. DEPOSITS
At the time of booking, a non-refundable deposit equal to the total Class price, as applicable, per person per Class is due to the Instructor. The non-refundable deposit should be sent to the Instructor or authorized agent, as applicable.
10. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by the Instructor along with full payment. If you fail to supply information required by the Instructor for permits or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Instructor, the Instructor also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Instructor, in its sole discretion. The information required by the Instructor will vary by Class and will be communicated to you or to the Instructor’s authorized agent during the booking process. The Instructor will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
11. PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by the Instructor will contain details of full payment required for any booking. The full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
The Instructor is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Instructor.
13. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying the Instructor. Classes are NON-REFUNDABLE. Therefore, you are free to rebook a future date in the event you are unable to make the class you signed up for.
14. GUARANTEED STARTS & CANCELLATION OF A CLASS BY THE INSTRUCTOR
The Instructor guarantees that all scheduled Classes booked and secured will start as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Class and itinerary information is available by contacting the Instructor. Brochures and other printed materials displaying Class information and start dates are subject to change may not be relied upon for purposes of this guarantee.
If a Class is cancelled by the Instructor before the start date for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, the Instructor will provide you with a substitute Class of equivalent or superior value.
The Instructor is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking, car rentals, fuel and/or other fees, loss of earnings, or loss of enjoyment. The Instructor reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Class as described cannot be provided after its start, the Instructor will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Instructor may provide you with a refund for unused products or services as determined in its discretion.
15. TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Instructor as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Class, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Instructor that is a direct result of your failure to secure or be in possession of proper travel documentation. The Instructor does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Instructor is not responsible for any errors or omissions in this information.
16. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Instructor. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Instructor (including but not limited to Force Majeure, injury, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after the start date due to no fault of the Instructor, including your removal from a Class because of your negligence or breach of these Terms.
17. CHANGES
Changes made by the Instructor: The Instructor may modify your itinerary where reasonably required in its sole discretion. If the Instructor makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Instructor will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before starting. If a Material Change is made more than 14 days before the start date, you may choose to:
i) accept the Material Change and proceed with the amended product or service;
ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price).
You must notify the Instructor of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Class has started, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Instructor. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Instructor, whether or not such expenses arise from a change of itinerary, and the Instructor is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Instructor will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the Instructor is accurate and up-to-date. Any changes to your name on any booking are subject to the Instructor’s approval. Any changes to a booking depend on availability and are subject to the Instructor’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Class, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of starting the first product or service on the applicable booking.
18. ACCEPTANCE OF RISK
You acknowledge that avalanche training and the products and services offered by the Instructor may involve a significant amount of risk to your health and safety. By traveling with the Instructor you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Instructor from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Class itineraries or otherwise offered by the Instructor. The Instructor requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to the start of your Class. The Waiver is available at
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Classes take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Instructor is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Class, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when in Class or, if in the opinion of the Instructor (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Instructor may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Instructor’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Instructor or the Instructor’s suppliers for property damage, destruction or theft caused by you while in a Class. You agree to immediately report any pre-existing damage to a representative of the Instructor and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while in Class including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Instructor nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the Instructor as soon as possible in order to provide the Instructor with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the Instructor or the Instructor’s customer service department directly. The Instructor assumes no liability for complaints that are not properly brought to the attention of the Instructor and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Class must be received in writing by the Instructor within 30 days of the last day of travel of the booking in question.
19. THE INSTRUCTOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Instructor makes arrangements with accommodation providers, activity providers, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Instructor takes all reasonable care in selecting Third Party Suppliers, the Instructor is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Instructor does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
MEDICAL EVACUATION:
The participant certifies and agrees that in the event of a medical evacuation, they are financially and legally responsible for any costs associated with that evacuation. This includes, but is not limited to vehicle or helicopter transportation, hospital fees, return to home transportation fees, loss of earnings, etc.
The Instructor is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Instructor and its employees.
The Instructor is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
20. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Class itinerary or price of the Class and which does not form part of the Class. You agree that any assistance given by the Instructor’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request. The Instructor makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Instructor regarding any Optional Extras. You release the Instructor from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
21. LIABILITY
The Instructor and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Instructor for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Instructor or of the Third Party Suppliers of any services which form part of the booking contract then the Instructor limits its liability, where applicable by all applicable international conventions.
Notwithstanding anything to the contrary elsewhere in these Terms, the Instructor will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Instructor may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Class, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then the Instructor liability will not exceed $1,000 USD. The Instructor will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Instructor and its suppliers, contractors or other third parties.
22. FORCE MAJEURE
The Instructor will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Instructor failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Instructor; or an event which the Instructor or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
23. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
24. PRIVACY POLICY
The Instructor must collect your personal information to deliver the Class and any products or services booked. The Instructor collects, uses and discloses only that information reasonably required to enable the Instructor and its Third Party Suppliers to provide the particular Class, products and/or services that you have requested as described in the Instructor’s Privacy Policy, and is expressly incorporated into these Terms. By submitting any personal information to the Instructor, you indicate your acceptance of the Instructor’s Privacy Policy.
25. SEVERABILITY
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
26. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
27. APPLICABLE LAW
The Contract and these Terms are subject to the laws of the United States of America and you submit to the exclusive jurisdiction of the courts located in Fort Collins, Colorado, United States of America for the resolution of any dispute under these Terms or concerning any Class, product or service.
28. AMENDMENTS
The Instructor reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Instructor’s website. Any amendment will take effect 10 days after being posted to the Instructor’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Instructor’s website and will be sent to you upon written request to the Instructor. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Instructor’s website. The Instructor recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Our contact information is posted below:
Tyler’s Backcountry Awareness
[email protected]
1401 E. Lincoln Ave., Fort Collins, CO 80524
(970) 219-8869