I. TERMS AND CONDITIONS

Each trip applicant on his or her own behalf and on behalf of each of his or her family members, by signing on page 4, acknowledges, represents and agrees to the following terms and conditions:

PAYMENTS

Trip deposits are required at the time of trip confirmation. For group trips, deposits are $750 per person. For Private Journeys, deposits are $1000 per person, or 10% of the total trip cost per person, whichever is higher. Nomadic Expeditions, Inc. (“Nomadic”) will send you an invoice for the balance payment of your land & air cost 90 days prior to your departure date.

CANCELLATIONS

Nomadic must receive all cancellations in writing. Cancel-lation charges are based on the number of days from the date we receive the written cancellation notice until the main trip departure date. Cancellation charges:
90 days or more deposit
89 – 61 days 25% of the total trip cost
60-31 days 50% of the total trip cost
30 days or less No refund

Airfares are refundable in accordance with the policy of the airline carrier being used, subject to a $50 handling charge. If full payment is not received 90 days prior to departure date, Nomadic reserves the right to consider this a cancel-lation. Nomadic reserves the right in its sole discretion to cancel any trip prior to departure for any reason, including insufficient number of participants, and in such cases full refunds. In the event that the cancellation is due to a sig-nificant event that makes it impossible to operate the trip, in which case, Nomadic will provide the Participant with a refund and/or credit towards a future trip equivalent to the amount paid to Nomadic or if the trip is in progress, the Participants will receive a pro-rated refund based upon the number of days not completed on the trip. Nomadic is not responsible for any unrecoverable expenses incurred by Participant due to trip cancellation, including non-refunda-ble airline tickets, medical expenses and visa fees, or ad-ditional arrangements should the trip member have em-barked prior to the scheduled departure date.

GENERAL TERMS

Nomadic reserves the right in its sole discretion to accept or decline any person as a participant at any time, or to require any participant to withdraw from the trip at their own expense when such an action is determined by Nomadic to be in the best interest of the Participant’s health and safety, or that of the group in general. In such event, the participant shall not be entitled to any refund of payments to Nomadic and Nomadic shall not be responsible for any other un-recoverable expenses incurred by Participant, in-cluding non-refundable airline tickets, medical expenses and visa fees, or additional travel expenses. The Participant understands that all rates for transporta-tion, hotels and other third-party services are based on tar-iffs and exchange rates in effect at the time of the printing of the price for said trip are subject to increase without prior notification in the event of changes therein. Participant agrees to pay Nomadic the full cost of all ser-vices rendered prior to Participant’s trip and when incurred, any additional expenses during the course of the Partici-pant’s trip, including necessary adjustments in trip costs, single supplement fees, late payment fees, returned check fees, and any and all additional products and services pro-vided, whether requested by the Participant or deemed necessary by Nomadic. Itineraries and arrangements are subject to change either prior to or while a trip is in progress. Nomadic will attempt to provide advance notice of any changes to itinerary or services to the extent possible. Nomadic reserves the right to adjust itineraries as deemed necessary, or to postpone or substitute itineraries or services, if travel conditions may jeopardize the health and/or safety of the travelers, or pre-vent the itinerary from operating as scheduled. Any addi-tional charges incurred arising from the postponement, de-lay or extension of a trip or adjustment to the itinerary due to weather, equipment failure, flight schedule changes, ill-ness, or any other cause not within Nomadic’s control will be the Participant’s responsibility. Participant understands that Nomadic reserves the right to take photographs and/or digital or video film of any of their trips and Participant agrees that Nomadic may use these images for promotional and/or commercial purposes, with-out any compensation to Participant. Participant has reviewed the detailed itinerary and this form with their personal physician and that they are una-ware of any reason why they cannot take the Trip as scheduled. Participant will release and agree to hold harm-less Nomadic, its employees and agents from any liability and claim for expenses/losses incurred resulting from any delay, changes in itinerary or cancellation of this trip, acci-dent, or sickness. Participant further acknowledges that it is entirely his/her responsibility to determine, in conjunction with his/her physician, that he/she is physically capable to undertake the trip which Participant has selected and that Nomadic assumes no liability or responsibility in determin-ing the Participant’s ability to join the trip. Participant agrees that Nomadic is not obligated to attend to nor is Nomadic responsible for the cost or quality of any of Participant’s medical or mediation needs during the trip. Nomadic may, but is not obligated to, take any actions it considers to be warranted under any circumstances re-garding the Participant’s health and safety. Participant agrees to pay any and all health, safety and associated ex-penses Participant incurs and releases Nomadic from any and all liability for said actions and expenses. The Partici-pant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant. In the event of a medical emergency, Participant authorizes Nomadic and relevant third parties to release any medical information of Participant to assist professionals providing care to Participant. It is the Participant’s sole responsibility to obtain and have available when necessary the appropriate valid travel doc-uments. All Participants are advised to check with the ap-propriate government authority to determine the necessary documents required for travel. A valid passport is required for U.S. Citizens travelling to all international destinations. Passports must be valid for six (6) months after the return of your journey and should also have sufficient blank visa pages for entry and exit stamps. There are certain risks and dangers associated with travel in general, specifically with adventure travel and physical activities including (but not limited to) mountain climbing, horse riding, kayaking/canoeing/rafting, camel trekking and hiking/trekking imposes additional risks. By participat-ing in Nomadic trips and programs, the Participant will be assuming these additional risks and release Nomadic from claims for damages arising from injury or death while on a Trip. II.

LIMITATION OF LIABILITY, ASSUMPTION OF RISKS,RELEASE AND INDEMNIFICATION

Each Participant on his or her own behalf and on behalf of each of his/her family members, by signing below, un-derstands, acknowledges, represents and agrees as a condition of acceptance as a Participant of this trip to the following limitation of liability, assumption of risks of travel, release and indemnification of Nomadic and re-leases Nomadic from any and all liability, including but not limited to the terms and conditions hereunder.

LIMITATION OF LIABILITY

Nomadic acts only in the capacity of an agent in making arrangements for transportation, hotels, and other services included in this trip and does not assume any responsibility or liability for any injury, damage, illness, death, loss, acci-dent, delay, expense or other irregularity to the Participant due to any act of or default or negligence (other than willful or fraudulent conduct) of Nomadic, its owners, officers, di-rectors, associates, employees, representatives, affiliated companies and subcontractors or failure to act by any car-rier, hotel, restaurant, company or person rendering any of the services included in this trip, or any of their employees or agents, which may arise including, but not limited to, any breakdown of machinery or equipment, improper visas, health certificates or documents or acts of any governmen-tal authority or caused by strike, civil disturbances, sick-nesses, quarantine, weather, natural disaster, hostility or acts of war, personal safety risks such as being mugged, robbed or sexually assaulted, or any other acts beyond the control of Nomadic. Nomadic does not assume nor shall it have any responsibility or liability for itinerary and routing changes, changes in modes of ground and air travel, changes in quality of accommodations and other program changes, and the risks and dangers associated with travel in general and specifically with adventure travel and phys-ical activities including, but not limited to, mountain climb-ing, horse riding, kayaking, canoeing, rafting, camel trek-king, and hiking/trekking.

ASSUMPTION OF THE RISKS OF TRAVEL AND RE-LEASE AND INDEMNIFICATION FROM LIABILITY

Participant acknowledges that travel to lesser developed countries by the standards usually associated with indus-trial nations, and in addition to the rewards associated with travel to these exotic destinations and there are certain in-herent hardships, problems and /or inconveniences that Participant may encounter which are due to circumstances and situations associated with such travel. In the event any of these circumstances which are attribut-able to travel to lesser developed countries arise , Nomadic will attempt subject to sound business judgment to make all reasonable and necessary changes to the extent possi-ble in Participant’s itinerary to alleviate or avoid the circum-stances and to stay to the extent reasonably possible to the published itinerary. Notwithstanding such efforts, Guests may nevertheless experience inconveniences and delays inherent in such travel. Guests assume the risk of such travel. Participant releases Nomadic, its owners, officers, direc-tors, associates, employees, representatives, affiliated companies and subcontractors from any responsibility or liability for any injury, damage, illness, death, loss, acci-dent, delay, expense or other inconvenience or hardship to the Participant due any such occurrences (other than willful or grossly negligent conduct) of Nomadic, its owners, offic-ers, directors, associates, employees, representatives, af-filiated companies and subcontractors or failure to act by any carrier, hotel, restaurant, company or person rendering any of the services included in this trip, or any of their em-ployees or agents, which may arise including, but not lim-ited to, any breakdown of machinery or equipment, im-proper visas, health certificates or documents or acts of any governmental authority or caused by strike, civil dis-turbances, sicknesses, quarantine, weather, natural disas-ter, hostility, acts of war, personal safety risks such as be-ing mugged, robbed or sexually assaulted, or any other acts beyond the control of Nomadic. Participant further agrees to indemnify and hold Nomadic harmless, its owners, officers, directors, associates, em-ployees, representatives, affiliated companies and sub-contractors from any liability or damages which may result, or any and all claims or demands which may be made against Nomadic, its owners, officers, directors, associ-ates, employees, representatives, affiliated companies and subcontractors, arising out of or in consequences of this trip (i) relating to his or her participation in the trip or (ii) which would be subject to the above release if Participant had made the claim directly himself or herself. ARBITRATION The parties agree that all claims, demands, disputes, con-troversies, differences or misunderstandings between or among the parties shall be settled by arbitration in accord-ance with the rules of the American Arbitration Association and not in court. The Participant and Nomadic waive the right to bring or participate in a class action in connection with such dispute. Any determination rendered in such proceeding shall be binding and conclusive upon the par-ties hereto and judgment thereon may be entered in any court having jurisdiction thereof. Arbitration shall only be conducted in Middlesex County, New Jersey. The parties shall bear their own attorney fees and costs. This agreement shall be construed under and interpreted in accordance with the laws of the State of New Jersey without regard to its principles of conflict of laws. If any of the provisions of this agreement are or become invalid to any extent, the other provisions of this agreement shall not be affected and shall remain in full force and effect and the provisions of this agreement to the extent invalid, shall be reformed to reflect the intent thereof to the great-est extent possible consistent with law.