Please read the the terms and conditions of this legally binding contract carefully. In completing registration for a Mojo Active Adventures program, you agree to be bound by these conditions, which constitute the entire agreement between Mojo Active Adventures and you (the “Client”).
1. Confirming Your Booking:
A non-refundable deposit and all completed pre-trip paperwork is required to reserve your space on this program.
2. Payment for Program:
- MOJO Active Adventures accepts Visa, MasterCard and American Express (an additional service fee of 2.9% will be added for these) or personal check/bank
- All trip payments are non Mojo Active Adventures must strictly adhere to this policy to offset costs incurred prior to the commencement of the tour.
- A non-refundable deposit is required to hold your spot on a Program. The remaining trip balance is due 90 days (International trips) and 60 days (Domestic trips) prior to the trip start date and is non-refundable at that
- If Mojo Active Adventures does not receive the balance of payment for the Program at the required payment date, it will be assumed that you will not be participating in the Program and cancellation charges in accordance with Section 8 (Cancellations and Refunds) will
3. Items Not Included in Program:
- Mojo Active Adventures does not arrange airline travel to the location of the It is up to the Client to secure airline travel to the location of any Mojo Active Adventures Program. Air cancellation charges, if any, will be assessed in accordance with airline regulations. Mojo Active Adventures, nor its agents and affiliates shall be liable for any airline cancellation penalties incurred by the purchase of a non-refundable ticket.
- Certain other items are not included in the cost of the Program (as outlined in the itinerary). These costs, which are your responsibility, include: air travel, optional meals, alcoholic beverages, items of a personal nature, any excursions, activities, lodging or transportation not reflected in the Program
4. Limitation of Liability:
- The liability of Mojo Active Adventures (“the Operator”) and/or their representative is limited. They act as agents for the Client with respect to transportation, accommodations and all other services relating to the Program. Mojo Active Adventures, Guide/Instructor and/or their agents assume no responsibility or liability for any act, error or omission, or for any injury, loss, accident, delay or irregularity that may be occasioned by reason of any defect in any aircraft, ship, train, bus or other carrier, or through neglect or default of any subcontractor or other third party, which may be used wholly or in part of the performance of their duty to the Clients of the Program. The passage ticket issued by the carrier is the sole contract between the Client and the carrier. Neither Mojo Active Adventures nor Guide/Instructor and/or their agents will be responsible for loss, injury, damages or expenses to persons or property due to illness, weather, strikes, local laws, hostilities, wars, terrorist acts, acts of nature or other such causes in connection with the Program or anything beyond their reasonable control. Mojo Active Adventures is not responsible for transportation or other program delays and changes, nor additional expenses or loss of time that may be incurred.
- In the event it becomes necessary or advisable for the comfort or well-being of the Client, or for any reason whatsoever, to alter the itinerary at any time, without notice to the Client, such alterations will be made without penalty to Mojo Active Adventures or Guide/ Additional expenses, if any, shall be borne by the Client. Baggage and personal effects are the sole responsibility of the Client at all times. Mojo Active Adventures and Guide/Instructor reserve the right to accept or decline any person as a client at any time, or to require any Client to withdraw from the Program at their own expense when such an action is determined by Mojo Active Adventures or Guide/Instructor to be in the best interest of the Client’s health and safety, or the general welfare of the other clients.
5. Passport, Visa and Health Regulations:
- Mojo Active Adventures is responsible for informing Client, prior to the Program, about appropriate passport, visa, and health regulations valid in the Program country. More detailed information and advice is available upon written request of Mojo Active
- The Client is responsible for compliance with any passport, visa and health regulations valid in the Program country.The Client is liable for any damage resulting from the failure to comply with any of the above regulations, except for damages directly resulting from invalid or deficient information provided by Mojo Active Adventures
- The Client is responsible for the fulfillment of other requirements, and in particular health requirements, enabling the Client to participate in the Program without any damage to the health of the Client and the other clients of the
6. Health Requirements and Assumption of Risk:
- You must be in good physical and mental health to participate in any Mojo Active Adventure Program. Our Programs often take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Medical and evacuation expenses will be your responsibility, which is why we strongly encourage you to consult with your individual insurance provider and purchase supplemental emergency medical coverage if necessary. Mojo Active Adventures reserves the right in its absolute discretion to refuse a Client the right to participate in a Program on medical or fitness grounds.
- You acknowledge that: (i) by the very nature of wellness and adventure travel, such tours are more challenging and demanding with a commensurately higher level of risk compared with conventional tours, and involve potential exposure to injury and in the countries and regions in which the wellness and adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety, and service provision generally are not as high as those standards in your country of residence and may require flexibility and patience on your part, (ii) Operational control of the Program may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Mojo Active Adventures; (iii) The enjoyment and excitement of wellness and adventure travel is derived in part from the inherent dangers and risks associated with wellness and adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the wellness and adventure Program.
- Client should be medically fit, in good health and able to participate in the Program. If you have any pre-existing medical condition or illness, you must disclose to Mojo Active Adventures the nature of any such condition at the time of booking and make arrangements for the provision of any medication or other cause of treatment, which may be required during the Program at your own cost and expense. Mojo Active Adventures reserves the right to request a statement from Client’s medical provider to confirm Client is fit to participate in the Program. Mojo Active Adventures does not accept any responsibility whatsoever for Client being refused entry to any country or Program due to incomplete health documentation or vaccinations.
- Furthermore, all costs in regard to any special requirements as outlined shall be borne by the Client
7. Group Medical and Travel Protection Plans:
- Mojo Active Adventures is not liable for any out-of-pocket , personal medical expenses you may incur as a result of your participation on this adventure. Please contact your individual insurance provider to verify your current coverage and benefits when traveling outside the US and whether a supplemental travel/emergency medical policy is
- Mojo Active Adventures strongly recommends purchasing a separate trip cancellation/travel protection plan if concerned about the possibility of a cancellation after booking. This plan will include coverage for Trip cancellation,Trip Interruption, Emergency Medical/Evacuation/ Repatriation,Trip Delay, Baggage Delay and more. Contact Mojo Active Adventures for more information on group pricing or your individual insurance
8. Cancellations and Refunds:
- All trip payments are non-refundable. Mojo Active Adventures must strictly adhere to its cancellation policy to offset costs incurred prior to the commencement of the Program, which may include but are not limited to: advance payments to land operators; ship charters; communication expenses; development/promotional expenses and the loss of time that might have permitted resale of reserved space. Guide/Instructor shall have no liability for refunds.
- Mojo Active Adventures reserves the right to cancel any Program prior to departure in the event that there are too few In this case, Client will be give a full refund of any and all payments made to Mojo Active Adventures. Refunds will be issued via credit card return or check within 30 days of cancellation. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation including but not limited to visa, passport, vaccination charges, gear purchases, airfare and airline taxes. In the case of a cancellation due to shortage of clients, Mojo Active Adventures will attempt to notify all clients at least 45 days prior to departure. However, Mojo Active Adventures reserves the right to cancel the Program prior to departure for any reason and, in such case, reimbursement of refundable costs of the trip by Mojo Active Adventures shall constitute full settlement with the Client.
- No refunds will be made for no shows or for any unused portion of the itinerary whether voluntary or caused by airline delay, cancellation, or any other occurrence beyond the control of Mojo Active No refund or reduction will be made if you change any portion of your itinerary after departure. If you choose to extend your stay beyond the dates outlined in Mojo Active Adventures’ program you will be charged the applicable, local daily rate, not the rates reflected in your itinerary (unless a prior arrangement has been secured by Mojo Active Adventures).
9. Changes, Substitutions, Postponement, Cancellation or Delay
- Mojo Active Adventures reserves the right to make changes to any aspect of the Program if it is necessary to do so due to conditions that are likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political, military, terrorist, or otherwise or if an act or omission of a third party prevents the Program or an aspect of the Program from being undertaken in accordance with your bookings or for any other reason considered necessary by Mojo Active Adventures. If the instructor/guide designated is unable to lead the trip for any reason, Mojo Active Adventures, in its discretion, will enlist another instructor/guide to lead the Program. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the Program price (whether in whole or in part) and no right to claim compensation for any loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or
- Mojo Active Adventures also reserves, in its absolute discretion, the right to cancel any Program due to any government travel warning or advice, or any change in such warning or advice. In this event, we will do our best to transfer any payments made to a future Program with Mojo Active Adventures. If this is not possible, travel protection may compensate you depending on the
- The itinerary is subject to change at the discretion of Guide/Instructor and Mojo Active Adventures. All prices quoted are based on prevailing fuel prices, airfares and currency exchange rates in effect at the time of brochure printing are subject to change without notice. Deviations from the scheduled itinerary are at the expense of the
10. Extraordinary Circumstances and Force Majeure Incidents:
- If Mojo Active Adventures is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, weather, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside of Mojo Active Adventures’ reasonable control, Mojo Active Adventures will be under no liability whatsoever to Client and may, at its option, by written notice to you either cancel the Program or take any other action as specified in Section 8 (Cancellation and Refunds).
11. Participation Agreement, Release and Acknowledgement of Risk:
- In consideration of the services of Mojo Active Adventures, LLC, its owners, agents and affiliates, any independent operators, any other participants, and all other persons or entities associated with it (collectively referred to as “Mojo Active Adventures”), I hereby agree to release and discharge Mojo Active Adventures on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows: Although Mojo Active Adventures has gone to reasonable measures to guide our selection of appropriate programs, our pre-trip preparation and provide suitable tour operators and instruction for the duration of the program so that Participant can enjoy an activity in which she may not be skilled, I acknowledge that outdoor activities entail risks, including certain risks that may be inherent to the nature of the activity.These same risks, inherent to the nature of this activity, can result in loss or damage to property, loss or damage to the Participant, including accidental injury, illness or in extreme cases, permanent trauma, disability or death. I understand and acknowledge that Mojo Active Adventures believes it is important for me to know in advance what to expect and to be informed of an activity’s inherent risks under Mojo Active Adventures’ appropriate guidance.The following describes some, but not all, of those risks:
- Mojo Active Adventures participants travel and recreate in many settings where the Participant is subject to numerous risks, including, but not limited to, environmental hazards. Environmental risks and hazards include rapidly changing weather conditions, slopes, water conditions (temperatures, waves, rapids, etc.), hidden or unavoidable obstacles, animal and insect encounters and other dangers subject to sudden and extreme change without notice. Possible injuries and illness range from mild to serious conditions including, but not limited to: hypothermia (being too cold) and hyperthermia (being too hot), insect bites, dehydration, motion sickness, altitude sickness and
- Subject to our program selection, Mojo Active Adventures activities may include, but are not limited to: hiking, mountain biking on trails and roads with variable surface conditions and traffic volume, rappelling, backpacking, canyoneering, and climbing in a wide variety of environments, including on rock, snow, and ice, whitewater rafting and kayaking, canoeing, sea kayaking, paddle sports, snorkeling, surfing, wind surfing, and
- Decisions are made by Mojo Active Adventures in a wide variety of settings based on a variety of evaluations and perceived information which by their nature may be imprecise and subject to Participants interact with fellow participants, Mojo Active Adventures staff, the staff of independent operators and agents and members of the general public.Throughout the program, participants are responsible for their own safety.
- I understand the description of the risks above is not complete and that other unknown or unanticipated risks may I acknowledge that participation in these activities is purely voluntary and that participation is joined with full knowledge of the possible risks.
- I certify that I am physically fit and capable of participating in the described activities and have not been advised or have reason to know of any impairment which would inhibit my ability to participate in the described I certify there are no health related reasons or problems which would preclude my participation in the described activities.
- I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless Mojo Active Adventures from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or use of Mojo Active Adventures’ equipment or facilities, including any such claims which allege negligent acts or omissions of Mojo Active Adventures. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage
- I understand that neither Mojo Active Adventures, its employees, subsidiaries and/or affiliates, owns or operates any entity which provides goods or services for the Program including, for example, lodging facilities, transportation companies, food service providers, equipment suppliers, etc. I hereby agree to accept responsibility for my own
- Should Mojo Active Adventures or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to defend, indemnify and hold them harmless for all such fees and costs. I agree that this agreement is governed by the laws of the State of Georgia (but not including Georgia’s conflict of law rules).The laws of the State of Georgia shall be applied in any legal action relating in any way to this agreement including, but not limited to, the interpretation, validity and/or enforceability of this agreement.Any legal action resulting from my participation in any activity related to this agreement shall be brought only in the state of Georgia or superior courts of Fulton County, In the event that any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force and effect.
12. Permission to Use Photo and Video:
- By participating in a Mojo Active Adventures Program, I hereby grant permission to the rights of my image, likeness and voice as recorded on audio or video without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in various publications, public affairs releases, promotional materials, educational settings, social media channels or for other related endeavors unrestricted by geographic area. By attending the Program, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in any public setting. This applies to photographic, audio or video recordings collected as part of any and all Mojo Active Adventures travel Programs. There is no limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
13. Pre-Trip Communication:
- I will read all pre-trip materials/communication (including, but not limited to, passport and visa requirements, vaccination/health requirements, recommended flight schedules, ground transportation requirements, clothing and gear suggestions, and packing restrictions)
- I will make sure to communicate any special requests at least 30 days prior to travel. These include, but are not limited to, dietary preferences/restrictions, medical requirements and roommate I understand Mojo Active Adventures will go to reasonable measures to accommodate these requests whenever possible but cannot guarantee they will always be possible.
- I will follow all guidelines while on the Program (safety, environmental, .) in accordance with Guide/Instructor directions.
- I understand that travel within a group can involve compromise to accommodate diverse desires, travel goals, personalities, and physical abilities of all group members. Mojo Active Adventures representatives and guides may be required to improvise and exercise good faith, use discretion and/or make decisions based upon group needs to enhance the overall trip experience.
- I understand that Mojo Active Adventures reserves the right to refuse service during a tour to anyone whose health or behavior could impede the welfare or enjoyment of fellow
14. General Provisions:
The section headings of the clauses are for reference purposes only and shall not be used in the interpretation of the clauses to which they relate. If any one or more provisions of this Agreement are held invalid, illegal, or unenforceable, in any respect for any reason, the remaining provisions remain valid, binding, and effective as if the invalid, illegal, or unenforceable provisions had never been contained in this Agreement.