Participation Agreement

Travel Arrangements: Noble Adventures will make arrangements for Traveler to participate in a selected adventure as identified above. Each adventure will commence upon the Traveler's arrival at the adventure-designated location outside the United States. Except as noted below, Noble Adventures will arrange lodging, food, transportation, excursions, and activities once the Traveler has reached the adventure location until the adventure ends.

Contact Information: Traveler shall keep Noble Adventures informed of all of the Traveler’s up-to-date contact information.

Language: Noble Adventures trips will be in English. Drivers and/or translators will be provided on the adventure to the extent determined to be necessary by Noble Adventures. The traveler shall inform Noble Adventures of any language needs if they are other than English.

Food Allergies: Travelers shall inform Noble Adventures of any food allergies/intolerances, and Noble Adventures will attempt to make alternative food available for the Traveler if practical. Despite an obligation for Noble Adventures to try to accommodate food issues, Traveler acknowledges that food choices may be very limited in many locations where their adventure takes place and that Noble Adventures shall not be held responsible for providing food that is either to the Traveler’s liking or safe for the Traveler to consume. Travelers should plan to bring their own food if allergies or intolerances will make it difficult to accommodate their dietary needs at an adventure location.

Flights to Destination: Traveler is responsible for making and paying for all travel arrangements to reach the adventure location, including, but not limited to, airline flights to the adventure location. Traveler shall inform Noble Adventures of all of the Traveler’s travel arrangements at least 30 days before the start of the adventure.

Payment: A $500 non-refundable deposit in United States Dollars is due at the time of registration. Unless otherwise noted, the balance is due 60 days before departure. Traveler acknowledges that no place will be reserved for their adventure until Noble Adventures receives full payment. Payments to Noble Adventures may be made through direct deposit, credit card, Venmo, or cashier’s check. If any taxes or similar fees apply to the goods and services provided by Noble Adventures on an adventure, the Traveler will be responsible for those costs separately.

Cancellations/Changes/ Modifications: Traveler acknowledges that Noble Adventures may cancel an adventure for various reasons, including failure to meet a minimum number of travelers for a particular adventure. Noble Adventures will make reasonable efforts to avoid any unnecessary changes or cancellations to the confirmed adventure. However, by agreeing to this Agreement, the Traveler acknowledges that it may be necessary or strongly advisable to change or modify the adventure itinerary or portions of the adventure due to local conditions. Noble Adventures reserves the right to cancel or alter the facilities, services or prices (including local flights, hotels or other travel arrangements) if needed at any time and provide alternative arrangements of comparable monetary value without compensation to the Traveler. If Noble Adventures cancels an adventure, the Traveler will be notified immediately, and the Traveler may choose a full refund of their Adventure Payment or a substitute adventure. Any substitute adventure may incur additional costs, depending on the specific adventure. Notwithstanding any other provision in this Agreement, if Noble Adventures cancels an adventure due to war, threat of war, riots, terrorism, strikes, natural disaster, fires, extreme weather, or any other reason beyond the control of Noble Adventures, then Traveler shall only receive a refund of the amount of the Adventure Payment that has not already been paid by Noble Adventures on the Traveler’s behalf.

Refunds: If the Traveler cancels their participation in the adventure for any reason, cancellations result in costly charges from third-party partners such as hotels, excursion companies, and airlines. However, some of their Adventure Payment may be refundable.

Noble Adventures will not refund any amounts already paid or irrevocably committed by Noble Adventures on behalf of the Traveler at the time of the cancellation. These amounts may include payments for lodging, excursions, food, or other costs incurred or committed by Noble Adventures on behalf of the Traveler. In addition, if Traveler’s cancellation causes other increases in costs to Noble Adventures, the amount of those costs will reduce the amount of the refund.

Any remaining portion of the Adventure Payment shall be refunded according to the following schedule based on when the cancellation is effective:

120 – 61 Days – Refund of any trip payments, MINUS a cancellation fee of $1,500 USD

60 – 31 Days – Refund of any trip payments, MINUS a cancellation fee of $2,500 USD

30 – 0 Days – No Refund

Traveler Cancellations: A cancellation by a Traveler is only effective upon receipt of a fully completed and signed Cancellation Request Form. The Cancellation Request Form is available on the Noble Adventures website and must be emailed to Noble Adventures as specified on the form. Refunds shall be processed via PayPal or check within seven business days of receipt of the fully completed cancellation form.

Amendments: A Traveler may amend their reservation after receipt of their Adventure Payment when such amendments can be made with reasonable effort by Noble Adventures. The traveler shall be charged a $50.00 amendment fee, plus any additional costs incurred by Noble Adventures in making the change. The amendment charge will apply even if Noble Adventures is unable to make the requested amendment.

Price Increases: Noble Adventures will assume all price increases for costs of services and products included in the adventure between the date of booking and the date of the adventure up to a 5% increase. If the cost of services or products increases by more than 5%, the Traveler shall pay an additional surcharge to cover the entire extra cost.

Travel documents and Immunizations: The Traveler is responsible for possessing a valid passport and all required visa permits at the time of travel, as well as making arrangements for all the necessary and required immunizations or vaccinations or any other travel requirements for each of the countries visited during the adventure. Noble Adventures may provide information about these requirements. Still, any recommendations about these matters and related subjects will be given in good faith and without any legal responsibility on the part of Noble Adventures. Ultimate responsibility for these matters rests with the Traveler.

Health and Fitness for Travel: All Travelers should assess their physical fitness and health before booking an adventure to ensure that they meet the requirements for the activities that they will complete during their adventure. If additional information regarding fitness requirements for specific activities is necessary for an accurate evaluation, it is the Traveler's responsibility to request it from Noble Adventures. Travelers with existing medical conditions (including pregnancy) or other health problems should consult with their doctor about their ability to complete the scheduled activities before booking an adventure. Traveler assumes the risk of any adverse health results from the adventure, including, but not limited to, adverse health results attributable to the fact that medical treatment outside of the United States is/was not up to the standards of treatment in the United States. Traveler shall inform Noble Adventures of any disability that might affect their participation in an adventure at the time of signing this Agreement. Noble Adventures shall make reasonable efforts to accommodate any such disability.

Minors: Noble Adventures does not permit unaccompanied minors (travelers under 18 years of age) to participate in an adventure. Any travelers under age 18 must be accompanied by a parent, or a legal guardian who will act as a guardian during the adventure and who will be fully responsible for the minor. Some countries require fully notarized permission by the non-traveling parent to accompany the minor. This will be the responsibility of the parent or guardian to determine and comply to the extent necessary. Parents or legal guardians shall provide proof of compliance with any legal requirements relating to minors before Noble Adventures is obligated to take any action to book any aspect of and adventure for a minor. Noble Adventures reserves the right to decline a booking at their discretion.

Traveler Conduct and Behavior: The Traveler agrees to accept the authority and decisions of all Noble Adventures staff, guides, and tour leaders during the adventure. A Traveler may be excluded from all or part of the adventure if Noble Adventures determines that the behavior or health of the Traveler either before or during the adventure may:

a. be an endangerment to themselves or to others;

b. result in severe discomfort for other travelers, or

c. result in a material disruption of the adventure for the other travelers.

All Travelers participating in tours offered by Noble Adventures are required to comply with all applicable local laws and regulations in the countries they visit during their adventure. Failure to do so will immediately relieve Noble Adventures from any obligations that would otherwise apply under this Agreement.

Medical Issues: Any Traveler experiencing an illness, disability or undergoing treatment for a physical or medical condition that may affect their ability to participate in the scheduled activities or require special accommodation must provide information to Noble Adventures about such conditions at the time of booking. The Traveler should also ensure that all arrangements are in place to have sufficient medication, access to treatment, and cover any additional requirements during their adventure. Failure on the part of the Traveler to disclose such information will result in a breach of the Agreement. It may result in the exclusion of Traveler from some or all of the adventure, in which case all payment for the adventure might be forfeited by the Traveler at the sole discretion of Noble Adventures. The traveler is responsible for ensuring that any medical insurance needed for the adventure will be adequate and accepted in the adventure location.

TTraveler Insurances: Prior to the adventure, Travelers shall be required to obtain and maintain trip insurance covering all the costs of the adventure and including coverage for the full cost of any required medical evacuation to the United States. Travelers must provide proof of such insurance to Noble Adventures prior to departure and upon request.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, LOSS OF USE, OR LOSS OF OPPORTUNITY) SUFFERED BY THE OTHER PARTY ARISING IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO (A) A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER; OR (B) DAMAGES ARISING FROM A PARTY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

Traveler waives, discharges and covenants not to sue Noble Adventures, its agents, managers, and employees, all of whom for the purpose of this Agreement are referred to as “Releasees” from all liability to the Traveler for any and all loss or damage on account of injury to the person or property of the Traveler, arising out of or related to the adventure or other activities covered by this Agreement, unless caused by the gross negligence or willful misconduct of the Releasees.

Traveler agrees to indemnify and hold the Releasees harmless from any loss, liability, damage or cost they may incur relating to or arising out of the participation of the Traveler in the adventure covered by this Agreement unless caused by the gross negligence or intentional misconduct of the Releasees.

This Agreement may be amended only by a written agreement signed by the parties hereto.

Waiver of any term or condition of this Agreement by any party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach or failure of the same term or condition, or a waiver of any other term or condition of this Agreement.

If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

This Agreement constitutes the entire agreement and supersedes all other prior agreements and undertakings, both written and oral, among the parties, or any of them, with respect to the subject matter thereof. In the event of any conflict between the terms of this Agreement and any terms and conditions of the Noble Adventures website, the terms of this Agreement shall prevail.

This Agreement shall be governed by, and construed in accordance with, the Laws of the State of California, without regard to principles of conflicts of laws, as to all matters, including matters of validity, construction, effect, performance, and remedies. In respect of any legal action relating to this Agreement, each party hereby irrevocably submits to the jurisdiction of any state or federal court located in Sacramento County, California, and waives any objection that such venue is an inconvenient forum.

This Agreement shall not confer any rights or remedies upon any person other than the parties hereto and their respective permitted successors and assigns.

This Agreement may not be assigned by either party unless agreed by the parties in a writing signed by both parties.

In the event of any dispute between the parties, the prevailing party shall be entitled to all costs associated with the dispute, including reasonable attorneys’ fees.

Confidential Information

• Each Traveler in the course of a trip or adventure may be given information or material identified by other Travelers or Noble Adventures as confidential information or material where the disclosing party notifies the receiving party that it is considered “Confidential Information” at the time of disclosure (hereinafter, in each case “Confidential Information”). Confidential Information shall also include information that a reasonable person would deem confidential or proprietary, given the nature of the information and the circumstances under which it is disclosed. The Traveler shall not use or disclose such Confidential Information, except as needed to engage in the activities related to this Agreement, and the Traveler shall take all reasonable precautions to prevent such Confidential Information from being disclosed to third parties.

• Exceptions: The following items shall not be considered “Confidential Information” for purposes of this Agreement: (a) information and/or material which is publicly known as of the date of this Agreement; (b) information and/or material which hereafter becomes publicly known, unless as a result of the fault of the Traveler as the receiving party; (c) information and/or material which a disclosing party agrees in writing is not confidential; and (d) information and/or material which is required to be produced by law or judicial process (however, upon receipt of a demand for production of Confidential Information pursuant to law or judicial process, the receiving party shall use reasonable efforts to notify the disclosing party of such demand in sufficient time to allow the disclosing party to move to prevent such disclosure).

• Obligations: The confidentiality obligations under this section 28 shall, with respect to each item of Confidential Information, continue for a period of two (2) years after the last day of the adventure trip; provided, however, that: (i) if such Confidential Information comprises a trade secret of the disclosing Party, the confidentiality obligations shall continue as long as such item of Confidential Information remains a trade secret of the disclosing Party.

• Limitations: Coaching by Noble Adventures is a confidential relationship and the Noble Adventure coach(es) agree to keep all Confidential Information strictly confidential except in those situations where such confidentiality would violate the law. These situations involve the indication of harm to self or others. The coaching is not advice, therapy, counseling, or substance abuse treatment. The coaches will not function as licensed mental health professionals, and coaching is not a replacement for psychiatric interventions, treatment for mental illness, or recovery from past abuse. Coaching is for people who are basically well-adjusted, functioning effectively, emotionally aware, and want to make productive changes in their life or grow in new or better directions.

Force Majeure: In the event performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God, acts of a government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of the Party whose performance is affected, the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased), provided, however, that the Party so affected shall use its best reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.