Terms & Conditions

TERMS AND CONDITIONS AND ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT

THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

Please read this entire Terms and Conditions and Acknowledgement and Assumption of Risks & Release and Indemnity Agreement (hereafter “Document” or “Agreement”) carefully before signing. All Participants must sign this Document. 

In consideration for the Participant being permitted to participate in a unique outdoor adventure program designed for adults living a substance-free life (“Activities” or “Trip”) with Unbroken Adventures LLC, and its officers, directors, members, employees, affiliates, agents, subcontractors, representatives, and volunteers, including its medical consultants and all other persons or entities affiliated with it (individually and collectively “Unbroken”), I (collectively, “I,” “me,” “my,” or “Participant”) acknowledge and agree as follows:

  1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

Participating (whether simply attending, observing or actively participating) in Unbroken educational, instructional, recreational and/or adventure activities includes risks. These activities can occur in various locations. Activities which may be led by Unbroken staff, subcontractors or others include, but may not be limited to: boating (including rafting, canoeing, and kayaking); running; camping; hiking, trekking, and backpacking; bouldering and rock climbing; cave exploring; stand-up paddle boarding; swimming; bicycling;       horseback riding; sightseeing, cultural tours, and/or travel in urban, rural and/or remote areas; use of hotels, hostels or other accommodations; and transportation in vans, buses, trucks, cars, or other vehicles (collectively, “Activities”). Activities may be scheduled or unscheduled, supervised or unsupervised, and include activities undertaken during the Participant’s free time. I acknowledge that the inherent and other risks, hazards, and dangers (collectively referred to in this Document as “risks”) of the Activities can cause injury, disease, illness, damage, death or other loss to the Participant or others. 

I UNDERSTAND THAT THE RISKS INCLUDE, WITHOUT LIMITATION:

  1. Weather, environmental, and surface and subsurface conditions in an outdoor or wilderness environment that are unpredictable and dangerous, including risks associated with travel on trails or routes that may not be groomed, maintained, controlled, or marked; lightning; snow or ice accumulation; high altitude conditions; fast moving rivers or other water bodies; falling or fallen timber; mineshafts; rockfall; icefall; steep or slippery terrain; electrical storms; mountain storms; flashfloods; snow; rain; hail; sleet; ice and extremely cold water; geothermal geysers or geothermally heated (extremely hot) water; unstable or loose rock; wild or domestic animals; stinging, venomous and/or disease carrying animals, insects or microorganisms; and other natural and man-made hazards and dangers;

  2. Participant’s mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the Activities, includes risks. Unbroken cannot anticipate or eliminate risks or complications posed by Participant’s mental, physical (including fitness level), or emotional condition;

  3. Risks associated with decision-making, judgments, and warnings, which are often based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to error. These include the risk that the Participant or co-participant, an Unbroken staff member, or other person may misjudge an individual’s capabilities, health, or fitness level, or misjudge terrain, weather, trail location and conditions, water-level, ocean conditions, river and/or terrain route location, some aspect of instruction, medical treatment, the character and propensities of an animal, use of any equipment, facilities or premises, including use of hotels, hostels or other accommodations; or how best to react in certain circumstances;

  4. Horses are unpredictable and uncontrollable in all circumstances, whether participants are mounting, dismounting, saddling, feeding, riding, packing, or otherwise dealing with animals in any way. Horses are generally much larger, more powerful, and faster than a human, and can react to the environment, and the conduct and actions of riders and other persons in harmful ways. Without warning, horses can kick, bite, stomp, stumble, rear, bolt, fall, and react to sudden movements, noise, light, vehicles, other animals, or objects. Riding horses can involve equipment and tack that may break or otherwise fail, saddles or blankets that may slip, and other riders who may not control their horses and cause a collision or other unpredictable consequences; 

WARNING: Under Colorado law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.

5. Risks of camping and backpacking, including the risk of tending to, being near, or cooking over an open fire or gas or propane stove that is subject to a gas explosion, scalding, or other burns. Other risks include the risk of contaminated water in natural water sources, the risk of falling trees and/or branches, floods, harsh and unpredictable weather, wildlife disturbances and encounters, insect bites, and other hazards;

6. The risk that equipment or gear may be misused, may not fit, or may break, fail, or malfunction. This includes Participant’s personal equipment, Unbroken equipment, or other equipment (whether purchased, borrowed, or rented). Participants choosing to bring and use their personal equipment (including any safety gear), assume full responsibility for choosing appropriate equipment and for the fit and condition of this equipment. Unbroken requires use of helmets or other safety gear for some Activities. Safety gear may prevent or lessen injuries in some instances, but is not a guarantee of safety, and injury can occur even with the use of this gear;

7. Risks associated with the fact that Activities may occur in remote locations, causing potential delays or difficulties in communication, transportation, evacuation, and medical care. Medical facilities may be primitive, inadequate, or inaccessible, and located in regions where traditional Western medical care is not available. Additional delays can result if circumstances require transport from a foreign country back to the U.S. for medical care. Staff or others may not have access to wireless communication devices (including cell or SAT phones); nevertheless, use of these devices in any location may be unreliable and inconsistent;

8. Risks associated with rafting, kayaking, or canoeing in a creek or river, including encountering swift or cold water; the presence of unknown obstacles such as rocks or timber; the risk that a vessel may overturn or sink; the risks of falling overboard; and the risks of being swept into a river current;

9. Risks associated with stand-up paddle boarding, kayaking or canoeing in an open body of water, including interactions with other individuals and vessels on the water; potential hazards including docks, piers, bridges, buoys, rocks, and the shore; water and weather conditions including waves or currents and heavy winds; equipment and gear malfunction; interactions with fish, insects, and other animals; and otherwise being in a large body of water where a lifeguard is not present;

10. Risks associated with swimming, including the risk of being in a pool, hot spring, or open water without a lifeguard who could perform immediate emergency services, or enforce applicable rules and regulations; drowning or other injuries such as concussions; injuries from falling or water inhalation; risks associated with soaking in hot water; swimming in water depths beyond Participant’s ability; and the risks of diving or other behavior that could cause injury or even death;

11. Risks associated with bicycling including the possibility of failed equipment such as the bike gear or helmet; hazardous and unpredictable road or trail conditions; the impact of other cyclists, motor vehicles or animals; the possibility a rider could lose control of the bicycle; and the impact of harsh weather conditions;

12. Risks from rock climbing and bouldering including slipping and falling partway or to the ground; burns; pinches; jolts; losing grip on the rock or a climbing hold; impacting the rock face, objects or people; being hit by rock or debris fall from above; loose or damaged climbing holds; and equipment failure or misuse;

13. Risks associated with cave exploring, including trip-and-falls, rockfall, the presence of hazards around the edges of pits and climbs, erosion, large temperature swings, interactions with animals, darkness, and disorientation;

14. Risks associated with any outdoor or athletic activity including the risk that a participant may overestimate their abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, or encounter other hazards; not understand the functioning of (or misuse) equipment; fail to negotiate steep, uneven or difficult terrain; not control their speed; or experience equipment malfunction;

15. Risks associated with canoeing in a lake, including encountering swift or cold water; the presence of unknown obstacles such as rocks, timber, or other vessels; the risk that a canoe may overturn or sink; the risks of falling overboard; and equipment and gear malfunction;

16. Risks associated with touring in a city or other public location, including the possibility of tripping, slipping or falling due to unexpected hazards, the risk of a motor vehicle accident, the risk of being robbed, and of otherwise sustaining injuries, losses, or damages due to the unpredictable behavior of third persons;

17. Risks associated with interactions with, and reliance on, Unbroken, other participants, contractors, vendors, or unknown third parties, including the careless or reckless behavior of other people, the possibility of inadvertent touching or unwanted sexual advances, the risk of contracting viruses and infectious diseases, and personal disclosure and/or interaction with co-participants.

18. Risks associated with foreign travel, such as political unrest, kidnapping, riots, terrorism or warfare, individuals with anti-American sentiment, contracting viruses and infectious diseases arising from a pandemic or otherwise (including, but not limited to, Covid-19), exposure to contaminated food or water, dangerous road or travel conditions and other transportation hazards such as driver error and unsafe vehicles, thievery, abduction, and other risks. Participants may be subject to laws and legal systems in foreign countries that do not provide the same protections as the U.S. legal system. NOTE: Unbroken personnel are not experts in assessing the likelihood of terrorist activity, political unrest, or the need for vaccinations or other issues, while participants are traveling in a foreign country. Participants are responsible for conducting their own independent investigation through the U.S. State Department, Centers for Disease Control, World Health Organization, or other sources; 

19. Risks of traveling in rural and rugged environments, including being transported to and from Activities by bus, van, pick-up truck, taxis/Uber/Lyft (or similar services), or personal car on undeveloped, rough, mountainous and unpredictable terrain, including dangerous roads, bridges, and other infrastructure; the risks of driver error either by individuals affiliated with Unbroken or a third-party carrier or drivers of other vehicles; the risk of vehicle malfunction and travel; exposure to poor sanitation and contaminated foods or water; and other forces or harm; and

20. Risks associated with participants having free and/or independent time before, during, and after Activities. At all times, all participants share in the responsibility for their own wellbeing.

These risks can result in participants: falling partway or to the ground or into water; being struck by, colliding with or impacting objects, people, animals or the bottom of a water body; experiencing vehicle collision, capsize or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; and suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold-related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other burns; illnesses (including viruses, animal/insect borne diseases, or contagious and infectious diseases such as Malaria, Dengue Fever, Zika Virus, Influenza, MRSA, and COVID-19); infections; cuts or wounds; or other injury, damage, death or loss.

I acknowledge and agree:

  • To honestly and accurately complete all Unbroken enrollment forms (including the Participant Health Form, Emergency Contact Form, and Traveler’s Insurance Form) and obey all rules and policies;

  • To disclose to Unbroken any mental, physical or emotional conditions or limitations which may adversely affect my participation in the Activities, or cause harm to myself or other people;

  • Unbroken representatives are available if I have further questions about the Activities or the associated risks;

  • Unbroken contracts with individuals or organizations that are independent contractors (not employees or agents of Unbroken) to provide or conduct some of the services and Activities that participants will engage in. Unbroken does not supervise or control these contractors and is not legally liable or responsible for their conduct;

  • The information provided above or otherwise is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and Unbroken cannot assure Participant’s safety or eliminate any of these risks; at all times, participants share in the responsibility for their own well-being and – if they are with a group – for the well-being of the group;

  • If Participant is borrowing or renting new or used equipment from Unbroken, the equipment comes "AS-IS," and Unbroken disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose), regarding the equipment;  

  • I AM VOLUNTARILY PARTICIPATING WITH KNOWLEDGE OF THE RISKS. THEREFORE, I ASSUME AND ACCEPT FULL RESPONSIBILITY FOR THE INHERENT AND OTHER RISKS (KNOWN AND UNKNOWN, DESCRIBED ABOVE OR OTHERWISE) OF THE ACTIVITIES AND FOR ANY INJURY, DAMAGE, ILLNESS, DEATH OR OTHER LOSS THAT I MAY SUFFER RESULTING FROM THESE RISKS, INCLUDING THE RISK OF MY OWN NEGLIGENCE OR OTHER MISCONDUCT.

  1. RELEASE AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY AGREEMENT CONTAINS A SURRENDER AND RELINQUISHMENT OF CERTAIN LEGAL RIGHTS. I agree:

1) TO RELEASE AND NOT TO SUE UNBROKEN, WITH RESPECT TO ANY AND ALL CLAIMS, LIABILITIES, SUITS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) FOR ANY INJURY, DISEASE, ILLNESS, DAMAGE, DEATH, OR OTHER LOSS IN ANY WAY CONNECTED WITH MY ENROLLMENT OR PARTICIPATION IN THE TRIP OR THE ACTIVITIES, INCLUDING ANYTHING ARISING FROM MY TRAVEL TO OR FROM THE TRIP, INCLUDING AFTER THE TRIP ENDS. I agree to waive all claim/s I may have against Unbroken, legally bind my estate and any family member, heir, or other party bringing claim/s and agree that neither I nor anyone acting on my behalf, will make a claim against Unbroken as a result of any injury, damage, disease, illness, death, or other loss that I may suffer;

2) TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (“indemnify” meaning protect by reimbursement or payment including payment of all attorneys’ fees and costs) UNBROKEN WITH RESPECT TO ANY AND ALL CLAIM/S:

a. brought by or on behalf of me, my spouse or other family member/s, or my heir/s or estate for any injury, damage, disease, illness, death, or other loss in any way connected with my enrollment or participation in the Activities, including anything arising from my travel to or from the Trip;

b. brought by another participant or any other person for any injury, damage, disease, illness, death, or other loss to the extent caused by my conduct while participating in the Trip, or brought by a medical care provider, insurer, or other third party as a result of medical care provided to the Participant before, during, or after the Trip, including transportation and evacuation costs; and/or

c. in any way related to or arising from my failure to comply with any local, state, or federal laws, regulations, or ordinances either in the United States or a foreign country.

I UNDERSTAND THAT I AM FULLY RELEASING UNBROKEN FOR ALL CLAIMS RESULTING FROM UNBROKEN’S OWN NEGLIGENCE (but not its gross negligence or willful or wanton misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment, or treatment), disease, illness (including but not limited to any claim/s arising from or related to COVID-19), property damage, loss of consortium, breach of contract, or any other claim.

  1. TERMS AND CONDITIONS

  1. Trip Start and End; Transportation. During the Trip, I will travel from my home country to COLOMBIA, and within COLOMBIA, to various tourist and cultural destinations. The Trip shall start upon my arrival at the airport in SANTA MARTA (Simón Bolívar International Airport) on MARCH 15, 2025(“Trip Start”) and shall end upon my departure from the airport in SANTA MARTA (Simón Bolívar International Airport) on MARCH 22, 2025 (“Trip End”). While accompanied by one or more Unbroken staff members and/or contractors, I will be transported throughout the Trip by various means, including but not limited to airplanes, trains, chartered buses, truck, taxis/Uber/Lyft, or other automobiles. I understand that I will be allowed some freedom to explore independently from time to time (e.g., while visiting within a stated geographic area for a stated amount of time), with Unbroken staff available and reasonably nearby. During such times of independent exploration, I will be expected to act in a responsible manner, report promptly to Unbroken staff when expected, and comply with established rules and expectations. Upon Unbroken’s prior approval, in certain circumstances, I will be permitted to depart the Trip separately. In such circumstances, my Trip will end upon my departure from the group.

  2. Grant of Permission to Travel; No Special Conditions. I represent that I have read and fully understand the information set forth in Section III.1, above, the Trip itinerary, and other Unbroken promotional materials including Unbroken’s website, and I hereby consent to my enrollment and full participation on the Trip, including plans for international travel, and scheduled and unscheduled Activities, subject to the terms and conditions of this Agreement. I further represent and warrant that I have provided complete and factual information on the Participant Health Form, and I certify that I do not have any physical, emotional, or mental needs that will require special care during the Trip, except as otherwise communicated to and agreed upon by Unbroken. I understand that it is Unbroken’s sole decision whether to permit me to participate on the Trip, consistent with many factors including consideration as to what is in the best interests of the health, safety, and general welfare of the Trip and all participants.

  3. Health Care Treatment. In the event of a medical emergency, to the extent reasonably possible, Unbroken will attempt to consult with my emergency medical contact person. However, emergency situations requiring immediate medical attention and/or treatment could conceivably occur. In such a case, I acknowledge and expressly consent and authorize Unbroken to obtain without obligation, and at its sole discretion, any necessary medical, dental, surgical, psychological, psychiatric and/or hospital care ("Necessary Medical Care"), for my immediate welfare. I expressly authorize the health care provider selected by Unbroken to render any health care treatment they deem necessary and appropriate. In the event of Necessary Medical Care, I authorize the health care provider to release all of my health care records to Unbroken to facilitate the Necessary Medical Care.

  4. Medical Expenses: I accept sole and complete responsibility for any and all costs of medical care (including, but not limited to, hospital costs, transportation costs, or evacuation costs) to the extent not covered by insurance and which are incurred by Unbroken or me in the event of any illness, accident or injury, during the Trip (“Medical Costs”). Unbroken shall present me with any invoices (each, an “Invoice”) associated with such Medical Costs promptly upon receipt, and I shall pay for, or reimburse Unbroken for, all such Medical Costs within thirty (30) days following my receipt of such Invoice.

  5. Capability Commitment.  I represent that I am familiar with all risks as set forth in the Assumption and Acknowledgement of Risks, above, and I am physically, mentally, and emotionally capable of full participation in the Trip, except as set forth on the Participant Health Form.

  6. Standards of Behavior; Expulsion.  I understand that each foreign country has its own laws and standards of acceptable conduct, including dress, manners, morals, politics, drug use, and behavior. I recognize that behavior which violates those laws or standards could harm Unbroken’s relations with those countries and the institutions therein, as well as my own health and safety. I acknowledge and accept that if I violate a foreign country’s laws, I may be placed in legal jeopardy and that U.S. standards of due process may not apply. I understand that I am a representative and cultural ambassador of the United States and must respect Unbroken’s mission, the Trip goals, and local customs and practices at all times during the Trip. Unbroken has the right to enforce the standards of conduct of the Trip in its sole discretion. If I am unable to conduct myself in accordance with such standards of conduct, if I violate or disregard any rules set by Unbroken, or if it is determined that I am unable to behave in accordance with such standards, I may be expelled and sent home immediately in Unbroken’s sole discretion. Without limiting the foregoing, any of the following may be causes for my expulsion:

    a. Unsafe behavior, including but not limited to, refusal to wear seat belts, life jackets, or safety equipment;      

    b. Behavior which is destructive, abusive, violent, or injurious to others or involves harassment, theft, vandalism, commission of any illegal act, or chronic defiance of rules and expectations;

    c. Unauthorized absence from the group; 

    d. Failure to abide by curfews or other ground rules established during the Trip; and

    e. Possession or use of alcohol, any weapons, non-prescribed drugs, or narcotics.

  7. Laws of the Land. In addition to abiding by applicable U.S. federal, state, and local laws, I understand that I am subject to the authority and laws of all countries in which I will be traveling and must obey them. I understand that I enjoy no special immunities from prosecution. I agree to hold Unbroken harmless for any and all consequences that may result from violating any country’s laws and/or regulations.

  8. Drugs. This Trip is designed for people living a substance-free life. The use of non-prescription drugs or controlled substances is prohibited. I may use only those drugs prescribed by my doctor (or patent medicines available over-the-counter). I acknowledge, understand, and expressly agree that use of non-prescription drugs (or prescription drugs not prescribed to me by my doctor) during the Trip is grounds for immediate dismissal. I further acknowledge, understand, and expressly agree that if I am arrested for drug possession, I may face the same or greater penalties as citizens of the counties in which I will be traveling, including mandatory fines, prison terms, or other severe penalties.

  9. Alcohol. This Trip is designed for people living a substance-free life. Therefore, possession and/or consumption of alcohol is strictly prohibited on the Trip. I acknowledge, understand, and expressly agree that I may not drink or purchase alcoholic beverages, including, but not limited to, liquor, beer, and/or wine at any time. Failure to comply with this rule will subject me to discipline by Unbroken, up to and including dismissal from the Trip.

  10. Deposit, Tuition, and Refunds. A non-refundable deposit of 25% (“Deposit”) of the total Tuition is due within three (3) days of Participant’s acceptance onto the Trip to secure Participant’s spot on the Trip. In all circumstances, full payment of the Tuition balance is due 60 days before the Trip starts (the “Due Date”). If the Participant is accepted onto the Trip within 60 before the Trip starts, the full Tuition amount is due immediately upon acceptance. All Deposit and Tuition payments shall be made via Visa, Mastercard, Discover, or American Express credit cards, or via a wire transfer to Unbroken. Tuition DOES NOT include the cost of airfare to SANTA MARTA, COLOLMBIA, baggage-handling fees imposed by airlines, and expenses caused by airline rescheduling/cancellation/delay due to inclement weather or forces outside of Unbroken’s control. Participant understands that in paying the Deposit to reserve Participant’s spot on the Trip, Participant is accepting the offer of admission, and that Unbroken will begin to make Trip arrangements predicated on Participant’s participation on the Trip, including incurring certain nonrefundable expenses on Participant’s behalf. Payment plans are available in special circumstances and will be mutually agreed upon by Unbroken and the Participant in writing as appropriate, after the Deposit is paid.

  11. Cancellations by Participant. All cancellations must be sent to Unbroken via written notification and will take effect immediately upon receipt by Unbroken. If Participant withdraws from the Trip after paying the Deposit, but more than 60 days before the Trip’s start date, the Participant will be entitled to recover the Tuition amount, less the Deposit and any non-recoverable expenses incurred on Participant’s behalf.  If Participant withdraws from the Trip 31-60 days before the Trip’s start date, the Participant will be entitled to recover 50% of the Tuition amount, less the Deposit and any non-recoverable expenses incurred on Participant’s behalf. Participant will not be entitled to any refund for cancellations made 30 days or less before the Trip’s start date, including cancellations after the Trip has started.  

  12. Cancellations by Unbroken.  Unbroken reserves the right to (a) cancel the Trip at any time and for any reason prior to the start of the Trip, in which case Participant may (i) join another Unbroken Trip (if available and if Participant is available to participate in the full term of such Trip), or (ii) be refunded Participant’s Deposit and any Tuition payments made prior to the date of cancellation; (b) cancel the Trip once it is in progress and require all participants to return to the United States if it determines that conditions pose a heightened risk of danger to participants; and (c) alter the Trip itinerary, travel arrangements, or accommodations due to emergency or changed conditions without prior notice due to circumstances or events which may include public health concerns, mechanical breakdown, flight strikes, cancellations, political disputes, religious disputes, war or related conflicts, entry or border difficulties, weather, and/or any other unpredictable circumstances. If this occurs, Participant agrees to be responsible for additional costs associated with altering the Trip including but not limited to airfare and lodging expenses. If Participant joins another Unbroken Trip pursuant to clause (a)(i) of this Section III.12, Participant agrees to be responsible for any increase in Tuition, if applicable.

  13. Airline Travel. The booking of all flights to the Trip Start and from the Trip End are my responsibility. I understand that Unbroken will book and pay for any flights during the Trip that are part of the Trip itinerary. It is my sole responsibility to inform Unbroken about my flight dates, times, flight numbers, airline, connections and any changes before the Trip Start and after the Trip End. Unbroken will be available to assist me with flight-related recommendations and questions. I understand that some airlines may impose additional charges if I choose to check any baggage. I will be responsible for contacting the airline(s) or referring to its website for detailed information regarding the airline’s checked baggage policies. I understand that these fees are levied by the airlines and not Unbroken and may be subject to change. I agree to release Unbroken from any liability and/or financial responsibility if I am denied boarding by any airline due to the airline’s overbooking of a flight or any policies, procedures, rules or regulations of the airline, or if a flight itinerary change causes me to incur additional travel expenses at a location other than the arrival airport stated in Section III.1, above. Unbroken is also not responsible for any loss of funds or change fees required by airlines, accommodations, or other entities related to the cancellation or alteration of an itinerary.

  14. Young Travelers. Travelers who are under 21 years old on the departure date are not permitted on any Unbroken Trip. 

  15. Responsibility for Costs, Logistics of Early Return. If I am expelled or voluntarily withdraw from the Trip for any reason, I acknowledge that any and all additional costs incurred by me or Unbroken in connection with my early return shall be my sole responsibility, including but not limited to travel costs, lodging, food, and incidental costs to Unbroken. I acknowledge that I am solely responsible for arranging for my return travel within 24 hours following my expulsion or voluntary withdrawal. I understand and acknowledge that no Trip refunds or airfare change fee reimbursements will be given for any reason in the case of expulsion or voluntary withdrawal from the Trip.

  16. Passports, Visas & Entry.  I acknowledge that it is my sole responsibility to obtain a passport valid through six months after the Trip End date for my participation on the Trip in addition to all Visas and other travel documents required for entry into a foreign country. Unbroken will not provide any Deposit or Tuition refund or otherwise be responsible in any way for my failure to comply with this requirement. Unbroken will be available for questions or to assist upon request.

  17. Personal Property Loss.  Unbroken is not responsible for loss, theft, or damage of my personal property or equipment, including luggage. It is Participant’s responsibility to ensure that they obtain insurance coverage for such potential losses.

  18. Law to be Applied; Venue.  This Agreement (including the Attachments) shall be governed, construed, and enforced in accordance with the laws of the State of Colorado. Any legal proceeding must be filed only in the state or federal court located in Denver County, Colorado, which will be the sole jurisdiction and venue for any legal proceeding in any way arising out of, or related to, this Agreement or the Trip. Before filing a lawsuit, Participant agrees to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator.

  19. Attorney Fees and Costs. Unbroken shall be entitled to recover its legal costs and attorney’s fees if it prevails in any disputed matter in any way arising out of, or related to, this Agreement or the Trip.

  20. Force Majeure. Unbroken shall not be responsible for its non-performance under this Agreement, in whole or in part, if such non-performance is due to events outside of Unbroken’s reasonable control, including, but not limited to, acts of God; actual or threats of epidemics, pandemics, or other public health issues or emergencies (such as, but not limited to, the COVID-19 pandemic); war (whether declared or undeclared); terrorist activities; instability in destination locations; labor strikes; transportation strikes; political turmoil; or inclement weather. Unbroken incurs substantial non-recoverable costs and expenses in planning, preparing, and pre-paying amounts for the Trip. Thus, if Unbroken cancels the Trip for any reason, I understand that my only recourse (if any) will be pursuant to Section III.12, above.

  21. Insurance. Unbroken does NOT offer travel insurance coverage. Unbroken strongly recommends that Participant purchase travel insurance to mitigate possible unexpected financial loss associated with, among other things, Trip cancellation, lost, stolen, or damaged baggage, medical expenses, and other potential occurrences consistent with the policy terms. Participant is strongly encouraged to read the travel insurance documentation and familiarize themselves with the scope of coverage before purchasing any policy. Unbroken is available to discuss this upon request.        

  22. Personal Data.  Unbroken will process personal data in compliance with applicable data protection legislation for the purposes of completing my enrollment, customer service, and providing me with the products and services related to the Trip. This may entail sharing my personal data with corporate affiliates, claims handlers, insurance providers, and other business partners both within and outside the U.S. Unbroken has put appropriate safeguards in place for such transfers of personal data. Unbroken will only keep personal data for as long as it is necessary for the purposes for which it has been collected or in accordance with time limits stipulated by law and good market practice, unless further retention is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.

  23. Media Release. I authorize Unbroken and/or its agents and designees, to photograph, film, record and/or otherwise capture my name, image, voice, written statement, group journal or electronic entry, photograph and/or visual likeness (collectively, “Images”), without compensation, for use in any media throughout the world in perpetuity, including for sale, reproduction or display on the internet, in publications and/or for any informational, promotional, educational, audiovisual, exhibition, editorial, or other use in any manner that Unbroken desires. These Images are the sole property of Unbroken and I waive any inspection or approval rights.

  24. Entire Understanding.  This Agreement incorporates the entire understanding of the Participant and Unbroken on the subject matter addressed herein. This Agreement may not be changed except in a writing signed by Unbroken.

  25. Modification; Severability.  If any provision of this Agreement is held to be illegal, invalid, or unenforceable in any respect, such term or provision shall be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law, and the remainder of this Agreement and all other provisions hereof shall not be affected thereby.

I ACKNOWLEDGE AND AGREE THAT I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS DOCUMENT, AND FULLY UNDERSTAND THAT I AM RELEASING, SURRENDERING, AND RELINQUISHING CERTAIN LEGAL RIGHTS. I ACKNOWLEDGE THAT THIS DOCUMENT SHALL BE EFFECTIVE AND LEGALLY BINDING UPON ME, MY SPOUSE, MY CHILDREN, AND MY OTHER FAMILY MEMBERS, HEIRS, EXECUTORS, REPRESENTATIVES, SUBROGEES, ASSIGNS, AND ESTATE. ALL PARTICIPANTS MUST SIGN BELOW. 

I understand that my signature is valid and legally binding whether I choose to electronically sign or sign a printable version of this Document.

Participant Signature /

Date /

Print name here /

Birthdate

4889-7381-6827, v. 1