This participation agreement (“Agreement”) is between the Traveler identified above, and Christina
Dyer, doing business as Noble Adventures (“Noble Adventures”).
The parties hereto agree as follows:
- Travel Arrangements: Noble Adventures will make arrangements for Traveler to participate in a
selected adventure as identified above. Each adventure will start once the Traveler reaches the
adventure location outside of 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.
- Food Allergies: Travelers shall inform Noble Adventures of any food allergies/intolerance 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. Traveler should plan for their
own food if allergies or intolerances will make it difficult to accommodate their choices while at
an adventure location.
- Flights to Destination: Traveler is responsible to make and pay for all travel arrangements to
reach the adventure location including, but not limited to, airline flights to the adventure
- Payment: Traveler shall make a payment of the full amount of the price for the chosen
adventure as shown on the Noble Adventure website (“Adventure Payment”) within 10 days of
the date that the Traveler executes this Agreement. Traveler acknowledges that no place will be
reserved for their adventure until full payment is received by Noble Adventures. Payments to
Noble Adventures may be made through wire transfer, direct deposit, credit card, or cashier’s
check. In the event that the 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
- INA 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 the particular adventure. Noble Adventures will do its best to avoid any
unnecessary changes or cancellations to the confirmed adventure. However, by agreeing to this
Agreement, the Traveler accepts that it may be necessary or strongly advisable to change or
modify an adventure itinerary or portions of the adventure as a result of local conditions. Noble
Adventures reserves the right to cancel or modify the facilities, services or prices (including local
flights, hotels or other travel arrangements) if needed at any time and provide alternate
arrangements of comparable monetary value without compensation to the Traveler. In the
event that 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 entail additional costs depending on the 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, 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:
- 31 or more days prior to the departure date - 75% refund
- 16 – 30 days prior to departure date - 50% refund
- 15 or less day prior to departure date 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. Traveler
shall be charged a $50.00 amendment fee plus any additional costs suffered by Noble
Adventures to make 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 costs of services or products increase more than 5%, then the Traveler
shall pay an additional surcharge to cover the entire additional 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 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, but 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 prior to booking
an adventure to ensure that they meet the requirements for the activities that they will
complete during their adventure. If additional information about fitness requirements for
specific activities is required for an accurate evaluation, it is the responsibility of the Traveler to
request this information from Noble Adventures. Travelers with existing medical conditions or
other health problems should consult with their doctor about their ability to complete the
scheduled activities prior to booking an adventure.
- 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 relative or another adult 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 comply. 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:
- be an endangerment to themselves or to others;
- result in severe discomfort for other travelers, or
- result in a material disruption of the adventure for the other travelers.
applicable local laws and regulations in the countries that 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 and 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.
- Traveler 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
- 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
- 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.
Last Updated: March 23, 2019