Acknowledgment of Risk, Waiver, and Release
Nabin Trital and Da Gelje Sherpa of Expedition Himalaya.Com Private Limited, Nepal will do everything possible within the budget of the trip to ensure that all trips provide clients and members with a rewarding and relatively safe experience. However, you must acknowledge that adventure travel, treks, trek-climbs, and expeditions are all inherently dangerous. The same elements that contribute to the adventure of trekking or climbing such as the physical exertion or the risk can also cause loss or damage to gear, injury, illness, or in extreme cases, death.
While traveling, trekking and/or climbing, there are risks to be encountered which you should be aware of.
We travel to local transport that will not be up to the standards of developed countries. Buses are old and rough, including our hired transports. Roads are rough and sometimes non-existent. Driving standards are very different – much worse – than western standards. Conversely, vehicles travel at much lower speeds. The risk of accidents is low in Nepal but higher in India and Pakistan. Injury from the bumps and shaking is rare but possible. Where possible we minimize these risks and discomfort by taking domestic flights.
Domestic flights are mostly in small 16-19 seats twin-engine propeller aircraft with local pilots. The planes are well-maintained but conditions are difficult. The rural airstrips are rough, rarely flat and have no radar facilities. All flying is visual. There is an extremely low risk of snapped undercarriages and flying into a mountain in the clouds. The safety record with tourists is surprisingly good.
While trekking, climbing and camping, you should carry adequate water, sun protection and clothing appropriate to the conditions. We provide equipment lists and will answer any questions about gear that you may have prior to the trek and also on the trail.
While trekking you will be traversing rugged terrain: high mountain passes, snow, and ice, exposed and rough trails, routes threatened by avalanches and landslides and crossing streams and rivers by rough bridges or slippery rocks. There are risks of falling, rockfall, landslides, collapsing bridges and exposure.
Climbing mountains is inherently dangerous. There are unavoidable risks of an avalanche, rockfall, serac and icefall collapse, climbing protection failing, falling in crevasses, falling, hypothermia and extreme weather conditions. You may be climbing on ropes that are old with strength degraded, ropes that have been fixed by amateurs, ropes and protection that may have been placed incorrectly according to best practice. You may be crossing hidden or open crevasses without protection.
There are also dangerous animals, dangerous plants, and dangerous insects. Any wild and domestic animal you encounter can be dangerous, including the yaks, dzopkios, and horses that carry our bags on some treks. Nepal and India have dangerous bears, tigers, leopards, and other animals; however, the risk of an incident is extremely low, for example, bears are rarely encountered, unlike in the USA. In Nepal, stinging nettles are a problem and we will point them out at the first opportunity.
Water should be purified or treated before drinking. This includes ALL tap water in cities, towns and villages, and all stream water. On glaciers and with snowmelt we will advise. Cleaning your hands before eating and after toilet, functions is critical in maintaining good health.
You will travel, trek and/or climb to extreme altitudes. Altitude sickness (Acute Mountain Sickness: AMS) is a significant risk. Altitude sickness occurs when your body cannot properly adapt to the lower amounts of oxygen found in the air at high and extreme altitudes. Acclimatization is the process by which the body adapts. Most people suffer some form of mild altitude sickness and most people can acclimatize to high altitudes, but not everyone. The key is to ascend slowly, over a period of days and to drink plenty of water. Altitude sickness can develop into High Altitude Pulmonary Edema (HAPE) and High Altitude Cerebral Edema (HACE), which can be fatal if not treated quickly. Treatment is rapid descent to a lower altitude.
Traveling, trekking and climbing at high (above 2,400m) and extreme altitudes carries numerous risks not yet fully understood. It does affect men’s fertility for a period of at least several months, making them less fertile or infertile. It does thicken the blood increases the risk of blood clots, even if you stay fully hydrated. The lower levels of oxygen in the bloodstream do affect the brain, heart, and other organs in ways not yet understood.
Western-standard hospital care is often not available although there are some professional clinics in Kathmandu and Delhi. While trekking and traveling, you may be several hours to several weeks from any medical facility. Helicopter rescue is available in Nepal and sometimes in India if you are insured for this. The helicopter will not take off until payment for services is arranged. Helicopter rescue is unavailable in Tibet.
Decisions made by the leader and participants (team members/clients) in a wilderness setting are based on a variety of factors, perceptions, and evaluations which, by their nature, are imprecise and subject to errors in judgment. Throughout the tour, participants are responsible for their own safety and must show consideration for the safety of other members of their group.
This list is not an exhaustive list of possible injuries or accidents that may occur while traveling, trekking or climbing. Most of these injuries are rare and you are not likely to encounter them; however, they have occurred and you must be aware of the risks.
Waiver, Release, and Indemnification
In the following agreement ‘The Organisers’ means your foreign agent (if any), Expedition Himalaya.Com Pvt. Ltd. and Nabin Trital and Da Gelje Sherpa their agents and employees.
I certify that I am fully capable of participating in travel, trekking or trek-climb program. I state that I have read the above statement on some of the possible risks.
Therefore, I assume full responsibility for myself for bodily injury, death, and loss of or damage to personal property and any expenses incurred as a result of my negligence, or the negligence of The Organisers. I also understand that The Organisers reserve the right to refuse any person they judge to be incapable of meeting the rigors and requirements of participating in travel, trekking or trek- climbs. I am in the good physical condition and able to undertake this travel, trekking or trek-climb.
I certify that, to my knowledge, I do not have any medical condition that would prevent my participation in this travel, trekking or trek-climb. I hereby give permission for transportation to any medical facility or hospital and I authorize any guide or medical personnel to render emergency medical care for myself.
I and my heirs agree to indemnify and hold harmless The Organisers and other participants from all claims, damages, losses, injuries, and expenses arising out of or resulting from my participation in these activities. I further agree to release, acquit and covenant not to sue The Organisers and/or other participants for all actions, causes of action, claims or damages of whatever kind, including the negligence of The Organisers’ and/or other participants, arising out of participation in this program. In short, I cannot prosecute or sue The Organisers and/or other participants, and if I do, I cannot collect any money.
I agree to the site of any lawsuit and the law governing any such lawsuit shall be Nepal and governed by Nepalese law. The terms of this agreement shall continue and be in effect after the trip has ended.
I agree that if The Organisers are forced to defend any action, lawsuit or litigation by myself, my executors or my heirs on my family’s or my behalf, my heirs or executors and I agree to pay The Organisers all costs and legal fees if they successfully defend such action, lawsuit or litigation.
This is a legal document. Please read and understand this document before signing. I have read and understood this waiver and release legal document.
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