Terms of service

The Great Beyond Group, LLC

Section I. Terms and Conditions

GENERAL

We are pleased that you have selected The Great Beyond Group, LLC (“Beyond” or “our” or “we”) for your trip (the “Trip”) specified on the Trip webpage to which these standard Terms of Service (this “Agreement”) are linked to.  

PLEASE READ THIS AGREEMENT CAREFULLY.  THIS IS A CONTRACT BETWEEN YOU AND BEYOND.  IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO PARTICIPATE IN THE TRIP AND YOU SHOULD NOT SIGN THIS AGREEMENT.  BY REGISTERING FOR THE TRIP, YOU ARE DEEMED TO HAVE (A) SIGNED THIS AGREEMENT, (B) FULLY ACCEPTED ALL PROVISIONS OF THIS AGREEMENT AND AGREED TO BE BOUND BY SUCH PROVISIONS. 

FEES, CHANGES, AND CANCELLATION

Fees.  The cost of the Trip is a package price. The cost of the Trip includes the costs shown on the Trip’s webpage under the “Trip Details” as being included and does not include cost of the Trip shown under the same Trip Details section as being excluded.  Beyond does not provide refunds for unused hotel rooms, meals, sightseeing trips, or trek arrangements. Beyond is not responsible for any other ancillary expenses incurred by you, and which are not included within the package price of the Trip (e.g., non-refundable air tickets, applicable visa fees, gear, medical expenses, etc.). Beyond is not responsible for fees incurred if you pay the wrong amount on an invoice or payment link; in this case you will be refunded the amount you did not mean to pay, but not the credit card or processing fees.

Fee Changes.  If enough participants to run the Trip initially sign up, but cancellations later drop the number of participants below the required minimum number of participants, Beyond may elect to run the Trip at an additional per person surcharge.  If additional participants later join and the required number of participants is re-attained, the surcharge will be refunded.

No Reimbursements; Travel Documentation; Passports; Airline Change Fees; Airline Fare Differences.  Beyond does not offer reimbursements for passports, visas, baggage fees, airline change fees, airline fare differences, or immunizations. Participants are responsible for obtaining any documents required for their participation on their Trip such as a valid passport, all visas, vaccination certificates and any other documents. Failure to obtain documents does not negate the terms, conditions or any extra costs incurred for rerouting or delay to travel. Passports must have (a) 6 months’ validity on them from the return date of the participant’s Trip and (b) at least four blank/unstamped Tourist VISA pages. In the event Beyond cancels a trip per the conditions set forth in the “Trip Minimums” section of the terms of service, Beyond is not responsible for any change fee or fare differences that may arise from airline re-booking.  Refundable airfare and supplemental cancellation travel insurance are strongly encouraged.

Cancel Trip or Transfer Fees.  If you would like to cancel or transfer your participation and/or monies paid for the Trip, please refer to the Cancellation Policy found on your Trip’s registration page.  Beyond’s standard Cancellation Policy can be found here; however, Beyond reserves the right to modify the Cancelation Policy from time to time, or for any specific trip, each in the sole and absolute discretion of Beyond. 

You May be Asked to Leave the Trip.  Beyond reserves the right to ask you to leave the Trip you are then participating in if, in the sole and absolute discretion of the Trip Leader, your behavior, health, or mental condition is likely to impede the operation of the Trip or adversely affect you or others’ safety and well-being.

Changes to Trip Itinerary.  Beyond reserves the right to make reasonable changes to the Trip itinerary prior to or during the Trip if, at the sole and absolute discretion of the Trip leader, changes to the itinerary are advisable for the comfort, safety, and well-being of Trip participants. In such an event, full or partial refunds will not be provided. 

Trip Cancellations for Force Majeure.  Beyond reserves the right to cancel all or a portion of the Trip for force majeure (i.e., circumstances beyond the control of Beyond, including, but not limited to, acts of God, terrorist acts, labor difficulties, government-imposed travel restrictions, war or threats of war, pandemics, epidemics, or civil or military unrest). In the event of such cancellation, full or partial credits will apply to either (a) a future Trip or (b) a full or partial refund, if any, as determined in the sole and absolute discretion of Beyond. 

Trip Cancellations for Lack of Participants. The Trip requires a minimum number of participants for departure; such number of participants is to be determined in the sole and absolute discretion of Beyond.  Beyond reserves the right to cancel the Trip if the number of participants who have signed up for the Trip is inadequate to make the Trip economically feasible to operate. If such a circumstance is to occur, Beyond will credit the pre-paid amount of the Trip price to a future Trip.  

HEALTH

General.  Participants must be in good physical and mental health to participate in the Trip. Any physical or mental condition, diet or treatment requiring special attention must be reported in writing to Beyond during registration or through email immediately after you register. 

Medical Information Form.  In order to participate in the Trip, you must complete the Medical Information Form (which can be found here in Section A). Your completed Medical Information Form must be provided to Beyond between 75 and 30 days of departing for the Trip. 

Medical Practitioner Form.  If you have listed any significant medical conditions on the Medical Information Form (as indicated on the form itself), you must also obtain a completed Medical Practitioner Form (which can be found here in Section B) from a licensed physician in order to participate in the Trip.  Beyond reserves the right, in its sole and absolute discretion, to require you to obtain a completed Medical Practitioner Form in order to participate in the Trip, regardless of what medical conditions you describe in the Medical Information Form. Any completed Medical Practitioner Form must be provided to Beyond at least 10 days prior to departing for the Trip as a condition of your participation in the Trip. 

Medical Issues Arising After Forms Provided to Beyond.  In the event any medical issues arise after either the Medical Information Form or Medical Practitioner Form are provided to Beyond, you are obligated to inform Beyond immediately, and Beyond may, in its sole and absolute discretion, require you to obtain a completed Medical Practitioner Form or another completed Medical Practitioner Form, as the case may be, prior to departing for the Trip as a condition of your participation in the Trip.

Beyond’s Sole and Absolute Discretion Regarding Your Health and Your Participation on the Trip.  Beyond reserves the sole and absolute discretion to determine whether your health allows you to participate in the Trip, even if a licensed physician provides his or her consent in the Medical Practitioner Form. 

If Medical Practitioner Form not Provided or Licensed Physician Doesn’t Allow Your Participation on the Trip.  In the event (a) you are required to provide a completed Medical Practitioner Form but do not do so, (b) a licensed physician does not consent to your participation in the Trip or (c) Beyond, in its sole and absolute discretion, does not let you participate in the Trip due to any medical issues, full or partial credits may apply to either (a) a future Trip or (b) a full or partial refund, if any, as determined in the sole and absolute discretion of Beyond.

Medical Care on the Trip.  Beyond assumes no responsibility for providing any medical care to you or any other Trip participant during the Trip.  You should be prepared to bear the full cost and responsibility of any medical care and/or evacuation.  

Immunizations.  Beyond recommends that you secure any necessary Immunizations which may be recommended based on CDC Guidelines outlined in the Pre-Trip Immunization Document, which Beyond will provide to you. These immunizations can be secured either through (a) your personal physician, or (b) from a local agency which specializes in travel immunizations. Beyond can help you locate such services if needed.

INSURANCE

Beyond provides Post-Departure Insurance for each Trip participant through Travelex Insurance Company, the cost of which is included in the cost of the Trip. The Post-Departure Insurance is designed to protect you during the Trip in cases of medical or dental emergencies, necessary medical evacuation, lost luggage, trip delays, etc. If you have not already received a copy of the Post-Departure Insurance coverage documents, please ask your Beyond travel advisor. Additional coverage is available upon request at an additional charge to you. 

Beyond does not provide for, but highly recommends you purchase at your own expense, Trip Cancellation Insurance to cover the non-refundable costs of your Trip should you need to cancel your Trip for a covered reason. Here is a link to the travel insurance firm we use and is used by other high end travel companies.

Section II. General Risks Associated with Beyond Trips

The below are considered “Risks” associated with any of our trips.

While serious injuries or illnesses on our trips are rare, our trips contain inherent dangers and carry a risk of injury, illness, death and/or other bodily harm.  

Our trips involve lengthy air and bus travel. There are risks of travel interruption, delays, crashes, and/or airborne or foodborne illnesses.  Your luggage and/or gear may be lost, misdirected, or stolen during your travel.

Our trips are often in less developed countries, and there are risks that tap water may be contaminated and that food may cause gastrointestinal distress or illness.  Any travel carries with it an inherent risk of injury, illness, death and/or other bodily harm. 

Our trips are often in remote, mountainous regions.  You may be in a high mountain environment, surrounded by magnificent but dangerous cliffs and ridges.  You are likely to encounter falling, sliding, or rolling rock, rapidly moving, deep or cold water, submerged, partially submerged or undercut rocks.  The weather is unpredictable and can change very rapidly from sunny and calm to storms with lightning and high winds.  You may be exposed to high altitudes which poses its own set of inherent risks such as general altitude sickness, acute mountain sickness, high-altitude pulmonary edema and high-altitude cerebral edema. You may experience sunburn, windburn, heatstroke, dehydration, and other mild or serious conditions.  You may encounter wildlife which may be unpredictable and dangerous, and you may encounter poisonous plants and insects.  You may also encounter hostile or unfriendly locals, military groups, quasi-military groups, or even terrorist groups, and you may be kidnapped, taken hostage or even killed by such groups.

Beyond contracts with third parties to provide transportation, guide services, and other trip-related services.  The personnel hired by these third parties may be negligent or careless and you may be subject to injury, illness, death and/or other bodily harm because of their negligence or carelessness, or your gear may be damaged, lost, or stolen.  

Our trips often use various equipment including, but not limited to, climbing ropes, harnesses, crampons, boots, waders, hooks, carabiners, tents, propane stoves, etc., and such equipment may be faulty or improperly used by Beyond staff, you or other participants. 

Decisions made by Beyond staff, third parties used by Beyond and their personnel, and other participants on our trips will be based on a variety of perceptions and evaluations which by their nature are imprecise and subject to errors in judgment, which may be exacerbated by fatigue, altitude, sleep deprivation, hunger, and miscalculation of risks.  Our Beyond staff, third parties used by Beyond and their personnel, and other participants may be negligent or careless, and there may be failures of equipment, yours, ours, or others, that may cause injury, illness, death and/or other bodily harm.  

Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of our trips and, where available, may be expensive.  

The above list of Risks is not an exclusive or exhaustive list of all the risks and hazards associated with the Trip and such Risks also includes but is not limited to any number of mental, physical, emotional or other risks or hazards commonly associated with traveling, being in a foreign country, participating in physical activities, being at high elevation, climbing mountains, hiking, being in or near water, being near wildlife, cliffs, fire and ledges, and any other risk or hazard that may particularly be associated with your Trip.

Section III. Acknowledgement of Risk; Assumption of Risk; and Release of Liability

GENERAL

The purpose of these Acknowledgement of Risk, Assumption of Risk, and Release of Liability provisions is to release and absolve Beyond; its Management Committee; any manager, member, officer, employee, independent contractor or third party contractor and its personnel, volunteer or agent of Beyond; and other participant on the Trip, or any of their respective employees, trip hosts, contractors, agents, volunteers or representatives(collectively, the “Trip Releasees”) of and from any and all liability for personal injury and property damage that you suffer because of your participation in the Trip.  In the simplest terms, you are agreeing not to sue the Trip Releasees for any personal injury or property damage claims, regardless of the cause.

ACKNOWLEDGEMENT OF RISK

I fully understand and acknowledge that: (a) the Trip has inherent risks, dangers and hazards such as the Risks; (b) my participation in the Trip and use of any equipment provided or recommended by Beyond may result in injury, illness, death and/or other bodily harm; (c) risks, dangers and hazards such as the Risks associated with the Trip may be caused or exacerbated by the negligence of the Trip Releasees; and (d) the Trip exposes me to the Risks including, but not limited to, the risk of accidents, breaches of contract, forces of nature, or other foreseeable and unforeseeable causes, including, but not limited to, acts of God, detention, annoyance, terrorism, thefts, pilferage, civil or military disturbances, government restrictions or regulations, strikes, delays, and expenses arising from quarantine, failure of any means of conveyance to arrive or depart as scheduled, and discrepancies or change in transit or hotel services over which Beyond has no control.

ASSUMPTION OF RISK

I have read and understood the notices of the Risks set forth in the above Section II (General Risks Associated with Beyond Trips) as well as the acknowledgement of risk provisions titled “GENERAL” AND “ACKNOWLEDGEMENT OF RISK” in this Section III (Acknowledgement of Risk; Assumption of Risk; and Release of Liability). I hereby choose to voluntarily accept and assume such risks, including the Risks, in order to participate in the Trip. Further, I hereby irrevocably accept and assume all risks, dangers, and hazards such as the Risks, whether known or unknown, whether foreseeable or unforeseeable, and all responsibility for any and all losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Trip Releasees. Lastly, I voluntarily agree to accept and assume sole responsibility for any injury to myself (including, but not limited to, injury, illness, death and/or other bodily harm) posed by any of the risks described above, and I assume the liability for any damages, loss, claims, or expense, of any kind, that I may experience or incur in connection with my participation in the Trip. 

RELEASE OF LIABILITY

On my behalf, and on behalf of my family, guardians, estate, heirs, executors, administrators, assigns, and personal representatives, I hereby release, covenant not to sue, discharge, waive, and hold harmless the Trip Releasees of and from any and all claims, liabilities, actions, losses, damages, costs, expenses, and causes of action of any kind, whether known or unknown, whether foreseeable or unforeseeable, whether directly or indirectly arising out of or relating to my participation in the Trip. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of any Trip Releasees, their employees, agents, affiliates, and representatives and others above identified, or third parties. 

I understand that these releases mean I, along my family, guardians, estate, heirs, executors, administrators, assigns, and personal representatives, give up our right to bring any claims, lawsuits, or causes of action, including claims for personal injuries, death, disease, or property losses, or any other loss, and also including, but not limited to, claims of negligence and breach of contract. I understand further that by signing this Agreement I, along my family, guardians, estate, heirs, executors, administrators, assigns, and personal representatives, give up any claim we may have to seek damages, whether these damages are known or unknown, foreseen or unforeseen. 

Section IV. Indemnification; Loss, Theft, or Damage

INDEMNIFICATION

I, along my family, guardians, estate, heirs, executors, administrators, assigns, and personal representatives, agree to indemnify, defend, and hold harmless the Trip Releasees from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including but not limited to attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Trip Releasees due to injury, illness, death, other bodily harm, loss of use, monetary loss, or any other injury from or relating to my participation in the Trip, whether or not caused by the negligence or other conduct of any Trip Releasees.

LOSS, THEFT, OR DAMAGE

Without limitation of any other provision of this Agreement, I understand and agree that the Trip Releasees will not be liable for any loss or theft of or theft or damage to your property, regardless of the cause and even if the loss, theft or damage is caused in whole or in part by the negligence or other conduct of the Trip Releasees. 

Section V. Minor Children; Name, Image, and Likeness

MINOR CHILDREN

In the event I am signing this Agreement on behalf of a minor child for such child’s participation in the Trip, whether in the capacity as parent or legal guardian, I acknowledge that I am signing this Agreement as parent or legal guardian of the minor child whose name is set forth below.  I understand that by my signature to this Agreement, the provisions of this Agreement apply fully to such minor child whose name is set forth below and the references to “you,” ”your,” “me,” “my,” “I” and other similar terms shall be deemed to refer to such minor child and not the parent or legal guardian. 

If I bring any minor children on the Trip with me, I will supervise them to the best of my ability and in accordance with any instructions provided by Beyond. 

NAME, IMAGE AND LIKENESS

I understand that by signing this Agreement, I am granting Beyond the right in perpetuity to use my name, image, and likeness, which relate to my participation in the Trip, in connection with any promotional materials, emails, advertising, trip summaries and website publications of Beyond, in whatever medium Beyond desires.

Section VI. Other Terms; Arbitration

OTHER TERMS

I understand and agree that I will not be able to participate in the Trip unless I sign this Agreement and that my participation in the trip is sufficient consideration for entering into this Agreement with Beyond.

I understand and agree that the law of the State of Georgia will apply to this agreement, excluding any provision thereof relating to conflicts of laws.

ARBITRATION

I understand that each and every provision of this Agreement shall be construed liberally in favor of the releases and indemnification provisions contained in this Agreement. Each and every provision of this Agreement shall be enforceable to the greatest extent permitted by law. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to give effect to the intent thereof to the greatest extent permitted by applicable law, or if no such modification is possible or permitted, then such provision shall be severed without affecting the other provisions of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.

The parties to this Agreement agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your participation on the Trip shall be submitted to mediation administered by Henning Mediation & Arbitration Service, Inc. (“HMA”) in accordance with its procedures. If the parties are unable to resolve their dispute in mediation, the dispute shall be settled by binding arbitration administered by HMA in accordance with its rules, provided, that the Georgia Rules of Evidence shall govern the use and admissibility of evidence. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration hearing and all proceedings in connection therewith shall take place in Atlanta, Georgia. The arbitration shall be conducted by a single arbitrator selected by the parties from HMA’s panel of arbitrators, or, if they are unable to agree on the selection, by a single arbitrator appointed by HMA, provided, that, in addition to other qualifications required by HMA, the arbitrator shall be a retired or active judge or attorney who has been in practice at least ten (10) years. The arbitration hearing shall be commenced within 90 days of the filing of a Demand for Arbitration by either party, and the award shall be rendered within 30 days of the conclusion of such hearing. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your participation on the Trip, and the parties expressly waive their right to file a lawsuit in any civil court against one another for such disputes, provided, that Beyond may seek appropriate injunctive relief in accordance with applicable laws. In any action between the parties hereto relating to this Agreement, or a breach thereof, or your participation on the Trip, the substantially prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorneys’ fees. The parties are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration provision and any proceeding thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.

I have fully informed myself of the contents of this Agreement by reading it before signing it. No oral representations, statements or other inducements to sign this Agreement have been made apart from what is contained in this Agreement.