Terms & Conditions / Acknowledgement of Risk
Please read this document carefully and submit signed and dated 120 days prior to your trips departure. Participation in any trip will require that all guests sign the Agreement and agree not to sue Brambleberry Services, Inc dba Brambleberry Tours or its participating agents or representatives. On payment of a deposit, you agree to be bound by the terms and conditions set forth herein.
Brambleberry Tours trips feature small group sizes and our trips are often sold out over a year in-advance. In order to accommodate all of our potential guests and to maintain our small group photography experiences we have the following procedures regarding reservations.
To book your reservation with Brambleberry Tours a deposit is required for each person on a trip. Please see the individual trip pages on our website for deposit amounts. All of our trips can be reserved using our secure online registration form or by calling our office. Booking requires a non-refundable 10% deposit and the balance due a minimum of 60 days before departure date.
Please note: Final balances will be billed via a separate invoice and can be paid via credit card or bank transfers. We will send a reminder email a few weeks out. Alternative payment methods can be arranged on a case by case basis.
Payments, Cancellations & Refund Policy
All prices are quoted in US dollars and all payments must be paid in US dollars. For deposits we accept Visa, MasterCard and PayPal. Final payment of the trip fee is due 60 days prior to departure. Trip deposits are non-refundable. All payments made towards any tours, workshops or safaris that are discounted or are otherwise promotional in nature are also non-refundable and maybe dealth with on a case by case basis. Acceptance of any participant is subject to receipt and review of all required forms, documents, and payment.
If final payments are not received by your trips respective due date then we reserve the right to treat your reservation as cancelled as per our cancellation & refund policy.
We must receive written notice of your cancellation, at which time cancellation fees in the following amounts apply:
• 61 or more days prior to departure: 100% of deposit.
• 60 days prior to departure: 100% of trip fee
No partial refunds are made for unused portions or services of a trip for any reason whatsoever. Trips are sold as a package only.
All our Workshops & Tours are subject to the realities of the natural world. Although we will do everything in our power to stay on itinerary, circumstances including but not limited to permit availability, vendor availability, snowpack, river crossings, wildlife, park or public land closures, and forest fires can affect our itineraries. Payments are not refundable for any itinerary change.
Brambleberry Tours uses a variety of concessionaires & vendors around the globe in order to facilitate our trips including but not limited to boats, charter flights, airlines, tour operators, guides & lodges. Often these vendors operate equipment or render services in very remote areas. We do not offer full or partial refunds or trip credits when a concessionaire or vendor is unable to provide their service for any reason. An example of when one of our hired vendors is unable to provide their service might be due to faulty equipment or mechanical issues such as with a boat, plane or vehicle that becomes inoperable. Brambleberry Tours will make every attempt to find similar excursion but often in the remote areas in which we travel the options are limited.
We do not offer full or partial refunds or trip credits for travel delay / disruption. For example if a flight is delayed and as a result you miss part or the entirety of your trip Brambleberry Tours is not responsible for arranging alternate activities during a delay or extra hotel or related expenses.
Brambleberry Tours reserves the right to cancel trips. Brambleberry Tours is not responsible for additional expenses incurred preparing for the trip (for example: non-refundable advance purchase air tickets, clothing, equipment, visa fees, medical expenses, etc.).
Transfer Policy
Transfers to another scheduled trip will be considered on a case by case basis if requested 61 days prior to departure. Discounted or otherwise promotional pricing is not transferable. Less than 60 days prior to the trip start date, regular cancellation and refund policies will apply.
Brambleberry Tours reserves the right to cancel courses or workshops. If this is the case a full refund of the amount paid will be given or you have the option of transferring your payment to another course or trip. Brambleberry Tours is not responsible for additional expenses incurred preparing for the course (for example: non-refundable advance purchase air tickets, clothing, equipment, visa fees, medical expenses, etc.).
Transfer Policy (Online Courses & 2-Day Workshops)
If you transfer from one course to another or need to change your dates: 31 or more days prior to the course start date there is no charge to transfer. Less than 30 days prior to the trip start date, regular cancellation and refund policies will apply.
Credit Card Authorization
I hereby authorize Brambleberry Tours to charge the credit or debit card account associated with this invoice for the payment amounts due under this agreement (together with any related fees, taxes, or charges that are due and owing). The credit or debit card account associated with this invoice is the same account that was used to initially make a deposit on my trip. I understand and agree that this account will be charged any remaining balance due on the invoice no earlier than 60 days prior to the trip departure date listed on my invoice.
Cancellation or revocation of this authorization, does not affect any other payments authorized by me prior to such cancellation or revocation or in the future. I confirm that I am authorized under the terms of the applicable agreement with my bank or credit card issuer (the “Bank Agreementâ€) to use the account that I have designated for payment. I certify that all statements made in this payment authorization are true and correct to the best of my knowledge. I understand that any failure by the applicable bank or credit card issuer to pay any charge in full does not release me from liability for obligations owing to you. I agree to comply with my Bank Agreement at all times that this authorization is in effect.
Trip Leaders
If your scheduled trip leader is sick, injured or otherwise unavailable Brambleberry Tours will make every effort to find a suitable replacement. Please note that we aren’t able to guarantee specific trip leaders and occasionally scheduled trip leaders schedules will change.
Travel Insurance
Sometimes life happens and you have to cancel because of unforeseen circumstances. We highly recommend protecting your travel investment and purchasing a trip insurance policy that includes Cancel For Any Reason and emergency evacuation coverage. Travel insurance provides you with trip cancellation/interruption, travel delay, medical expenses, emergency assistance, air flight, baggage and baggage delay coverages. Medical coverage purchased with your policy is crucial and required if you do not have health insurance. Please note that Brambleberry Tours does not recommend or endorse any particular plan or insurance company as everyone has different insurance requirements. You will likely find several good options for travel insurance plans over at InsureMyTrip
Required Documents
A Terms & Conditions / Acknowledgement of Risk form as well as a Health Questionnaire must be signed by each participant prior to the commencement of the trip. Participation by any trip member will be declined in the absence of the signed Terms & Conditions / Acknowledgement of Risk form and Health Questionnaire, with no trip fee refund. No modification to the Terms & Conditions / Acknowledgement of Risk form or Health Questionnaire will be accepted.
Photo Release
I acknowledge that during a Brambleberry Tours trip, my image or likeness may be captured on photograph, video, sound recording, live-action Internet transmission and other media (“Personal Imagesâ€), and that Brambleberry Tours may wish to use these Personal Images for promotional and other business purposes. I irrevocably grant to Brambleberry Tours the non-exclusive, royalty-free, transferable right to use my photo/video image, likeness, voice, name, and/or interview or biographical material, in whole or in part, individually or in conjunction with other materials, in all forms and media (including, but not limited to video, audio and photography) including composite or modified representations for all purposes (collectively, the “Materialsâ€), including without limitation advertising, trade or any commercial purposes, throughout the world and in perpetuity. I waive the right to inspect or approve the use of such Materials created and/or used by or on behalf of Brambleberry Tours pursuant to this release. I understand that the release and consent given herein is made without any compensation or fees and that no compensation or fees are due or may become due to me hereunder. I waive any current or future moral rights with regard to the Materials (including, without limitation, the right to be identified, the right of integrity and the right against false attribution) and agree not to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of such Materials infringes my moral rights. I hereby confirm that I have not given and will not give permission to any third party to use any of the Materials if this would cause the use of the Materials by Brambleberry Tours to infringe the rights of any third party.
Binding Arbitration
I agree to resolve any disputes concerning Brambleberry Tours terms & conditions, this document, literature for the trip, or the trip itself, by binding arbitration pursuant to the then existent commercial rules of the American Arbitration Association in Houston, Texas
In any such arbitration the substantive, but not procedural law, of the State of Texas shall apply. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to, any claim that all or any part of this contract is void or voidable.
Should Brambleberry Tours or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, the enrolling trip participant(s) agree(s) to indemnify and hold them harmless for all such fees and costs.
Acknowledgement of Risks
In consideration of the services of Brambleberry Tours, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf , I agree as follows:
Although Brambleberry Tours has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, Brambleberry Tours has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. Brambleberry Tours does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks:
Although every attempt will be made by Brambleberry Tours to ensure the health and safety of the participants, I understand that injuries and accidents may occur. Foreseeable risks include, among other things: the hazards of traveling by hiking, horseback, plane, helicopter, and automobile in remote, mountain and canyon environments, potential exposure to falling rocks, flash floods, lightning, insects, reptiles, toxic plants and wild animals, unpredictable forces of nature, and civil unrest and terrorism. I can slip or fall during a hike or at camp; accidents can occur which can result in damage to equipment or personal injury. Exposure to the natural elements can be uncomfortable and/ or harmful. I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, and death. BCJ employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction. In addition, there are risks involved in traveling to and from the road trip or other destinations, including but not limited to airplanes and ground transportation such as automobiles, bus, shuttles, and personal transport. Significant elevation changes may be experienced through participation in this program. I understand that it would be extremely dangerous if I were to choose to leave the trip prior to its scheduled conclusion and that BCJ is not responsible for my well-being once I have left the trip and the Activity leader.
I am aware that the activity entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of BCJ has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
By signing this Agreement, I attest that I am in good general health and mobility and am capable of performing normal activities on this trip or expedition. I further attest that I am capable of caring for myself during the trip or expedition, and that I will not impede the progress of the trip or expedition or the enjoyment of others. I certify that I have not been recently treated for, nor am I aware of, any medical condition, infirmity or disability (physical or mental) that would create an unreasonable risk to myself or to other members of the expedition.
I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children.
