Terms of Service
Below you will find important information about your booking and payment, restrictions and conditions of participation in our programs, and important legal information. Please review the following before making payment.
Booking Deposit and Date Reservations:
Upon booking and payment of a non-refundable 50% booking deposit (“deposit”), your scheduled Adventura Event and Program date will be reserved. All bookings are considered tentative until deposit is received. Final payment of all program fees must be made in full no later than 14 days before the day of the Adventura Event or Program. Bookings made within 14 days of the scheduled date require full payment upon booking.
Final Headcount and Payment:
Final headcount and full payment is due no later than 14 days in advance of the scheduled date.
All booked Adventura Event and Program dates will be released and booking deposit will be forfeited if final headcount and full payment is not received by Adventura at least 14 days in advance of the scheduled date.
If you wish to increase the number of participants after the final headcount is provided, you may request an increase, which Adventura will honor subject to our ability to accommodate such increase.
Your final headcount will be considered a guaranteed minimum number of participants, and no refunds will be issued if fewer participants attend.
Cancellation and Rescheduling Policy:
Our cancellation and rescheduling policy for Adventura Events and Programs is as follows:
For cancellations made at least 14 days before the scheduled date: Deposit can be credited towards a future Adventura program. No refunds will be given on booking deposit.
For cancellations made fewer than 14 days before the scheduled date: A 50% cancellation fee will be applied to the full program cost. Any remaining amount can be used towards a future Adventura program. No refunds will be given on booking deposit or other payments towards full program fee.
Cancellation due to Weather or other Condition:
Adventura reserves the right to conduct Adventura Events and Programs regardless of weather conditions. All decisions on whether to operate the Challenge Course on any day are at Adventura’s sole discretion.
In the event that a specific reserved date or time slot is either canceled by Adventura or not available due to weather or other condition, or (if applicable) less than 1/2 of the Challenge Course activities were completed prior to closing the Challenge Course, we will provide alternative options and work with you to reschedule. It is important that you provide us with detailed contact information when you place your order so that, if necessary, we may reach you with these alternative options. You are not entitled to a refund as a result of such cancellation, however, if other options or rescheduling is not feasible, Adventura may provide a refund in its good faith discretion. In no event shall you be entitled to receive any additional costs, expenses, or other losses or damages of any type you may have incurred in planning for any scheduled date.
Adventure Course Restrictions and Conditions:
Some of the Adventura Events and Programs include climbing on the Adventura challenge course (the “Challenge Course”). Additional restrictions and conditions to participant on the Challenge Course include:
All participants must be able to comfortably fit into the required gear to the Adventura staff’s satisfaction.
All participants must weigh less than 250 lbs at the time of their scheduled reservation. These limits are for your safety. Participation in any activity featured at Adventura is at the discretion of the Adventura site manager.
All participants must review and sign a liability release agreement in the form provided by Adventura (as summarized in material terms below). Minor Participants must also have a parent/legal guardian’s signature.
If you do not meet or are unable to satisfy any of these restrictions and condition, you may not be allowed on the Challenge Course and will not be entitled to any refund. You hereby agree that each of the participants in the Adventura Event and Program can meet these restrictions and conditions. Failure of any participant to satisfy these restrictions and conditions and inability to use the Challenge Course, regardless of whether it is outside your control, does not excuse any liability on your part for the program fee for the selected number of participants.
Fitness and Conduct:
Adventura Events and Programs, including the Challenge Course, are physical activities. Individuals should consult with their medical provider if they have any questions about their physical ability to participate in an Adventura event.
Due to the inherent dangers in some of the more physical elements, such as climbing and using the Challenge Course, all participants must be able to, and must follow, all staff instructions. Adventura’s staff may at any time remove individuals from the Challenge Course and/or premises entirely if they fail to follow staff instructions, put themselves or others in danger, or engage in any other abusive, harassing, threatening or inappropriate behavior.
No refunds will be given upon removal from the Challenge Course and/or the premises.
If paying with a credit card, you are hereby stating that you are the authorized cardholder, or that you have been authorized by the cardholder to use the credit card. In the event the credit card on the Order Form is dishonored, rejected or later contested for any reason, you agree to pay the amount indicated on the order form to Adventura.
You agree to Adventura’s use of electronic records to evidence this agreement, including retention of your credit card information. You understand that you have the right to not consent to the use of electronic records by canceling this transaction. In such event, this will be null and void. Your consent applies only to this transaction. You hereby waive any objection you may have to Adventura’s use of electronic records in court should it be necessary for Adventura to enforce these Terms.
Termination by Adventura and Refund:
Adventura’s reserves the right, in its sole discretion, to terminate your transaction and purchase of services for any reason. In such an event, Adventura will refund any amounts paid by you for unused and terminated services, as determined in the sole discretion of Adventura. If, however, the termination is due to your breach of these Terms, you will not be entitled to any refund whatsoever.
Limitation on Liability and Indemnification:
IN NO EVENT SHALL ADVENTURA BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR ANY OTHER SPECIAL DAMAGES ARISING BY REASON OF (I) YOUR PURCHASE AND/OR USE OF ADVENTURA’S SERVICES (INCLUDING THE CHALLENGE COURSE), OR (II) YOUR INABILITY TO USE THE SERVICES FOR ANY REASON (INCLUDING PARTICIPATING IN THE CHALLENGE COURSE ACTIVITIES), IN EACH CASE, WHETHER OR NOT FORESEEABLE, WHETHER OR NOT ADVENTURA HAD BEEN ADVISED OF THE POTENTIAL FOR SUCH LOSS, AND WHETHER OR NOT SUCH LOSS WAS DUE TO THE FAULT OF ADVENTURA. IN ALL INSTANCES, ADVENTURA’S MAXIMUM AGGREGATE LIABILITY TO YOU ARISING BY REASON OF THIS TRANSACTION AND YOUR PURCHASE AND/OR USE OF ADVENTURA’S SERVICES SHALL BE THE AMOUNT PAID BY YOU TO ADVENTURA.
You shall indemnify and hold Adventura (and each of our officers, directors, employees, and agents) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your purchase of and use of our services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms.
Adventura shall not be responsible for any breach of these terms caused in part or in whole for any reason outside the reasonable control of Adventura. You agree that at all times your purchase and use of services shall be subject to all applicable laws. You agree that you shall be responsible for complying with all such laws pertaining to your use of services through Adventura.
Release of Liability:
As a condition to participation in the Adventura Events and Programs and climbing on the Challenge Course all participants will be required to sign a liability release agreement. The liability release agreement provides that each participant is assuming the inherent risks of engaging in all activities and the Challenge Course, including risk of serious injury and death. Additionally, each participant must waive, release, and discharge Adventura (and each of our officers, directors, employees, and agents) from all claims, and other demands for damages arising out of or related to your engagement with Adventura, participation in the activities and on the Challenge Course, except as a result of the sole gross negligence of Adventura. The form of this liability release agreement is non-negotiable. If you have any questions or concerns, you may call or email and we will provide a full copy of the liability release agreement prior to your purchase.
Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms and the remaining provisions of these Terms will continue to be in full force and effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, and release of liability) will continue to remain in full force and effect after any such termination. These Terms constitute the entire understanding between you and Adventura with respect to this transaction, and any prior representations or agreements, oral or written, are merged herein.
These Terms are governed by and shall be interpreted in accordance with the laws of the State of Washington, excluding its conflict of laws provisions. Any dispute under or in connection with this transaction shall be subject to the exclusive jurisdiction and venue of the state and federal courts within King County, Washington. You hereby waive any objection you may have to personal jurisdiction in such courts. In the event you default on these Terms and legal action is required as a result, you agree to pay to Adventura all of its costs, fees and expenses, including reasonable attorney’s fees arising from such breach.