Terms and Conditions

Flying Kites, Inc., a non-profit corporation organized under the laws of the state of Rhode Island, its employees, and agents ("Flying Kites") accepts _________________ (the "Participant") into the Flying Kites Adventure Challenges Program ("Adventure Challenges" or the "Challenge") in consideration for the Participant accepting the following terms and conditions (the "Terms") and attached Waiver of Liability as detailed below, and for paying Flying Kites the required funding as specified by the Adventure Challenges itinerary.

1. Participation Requirements. The Participant must be eighteen years or older to participate in Adventure Challenges. Participants between the ages of fifteen and seventeen may participate in Adventure Challenges with the written permission from a parent or legal guardian and if accompanied by a parent or guardian on the Adventure Challenge.

Adventure Challenges are mentally and physically taxing excursions, and Participants must be adequately prepared for such strenuous conditions. To assure the Participant's safety, if Flying Kites or contracted tour guides determine before or during the Adventure Challenge that the Participant is not sufficiently fit, healthy, properly equipped, or able to complete the Adventure Challenge without affecting his/her safety or comfort, they may remove the Participant from the Challenge. This decision will be final and binding.

2. Reservations and Deposit. Places in Adventure Challenges are subject to availability and will be allocated on a first come, first served basis for those who properly complete all booking requirements. To book an Adventure Challenge, the Participant must submit a completed Adventure Challenges Application Form and a $500 deposit to Flying Kites. Flying Kites will issue the Participant an electronic receipt to confirm payment of the deposit and then notify the Participant within fourteen days of receiving his/her application whether (s)he has been accepted to participate in the requested Challenge. In the event the applicant is not accepted by Flying Kites, the applicant’s deposit will be returned in full. If accepted, Applicants will be considered Challenge Participants upon signing these Terms and attached Waiver of Liability.

If a Participant applies for a Challenge that is full, (s)he may apply for a different Challenge or be refunded his/her deposit. If a Participant books a Challenge after its specified sign-up deadline, (s)he may be subject to late fees proscribed by the tour company leading the Challenge. Flying Kites reserves the right to decline any applications to participate in the Challenge, and bookings are non-transferable.

After the Participant meets the fundraising requirements, Flying Kites will contact him/her regarding the deposit. The Participant has the option of Flying Kites returning the deposit to the Participant, or the Participant may choose to donate the deposit to Flying Kites. If the Participant does not meet the fundraising requirements, the deposit will not be refundable. If Flying Kites cancels the Challenge, the deposit will be refunded to the Participant.

3. Raising Funds. The Participant agrees that (s)he will raise, at minimum, the required funds as specified in the Adventure Challenge itinerary. If the Participant does not raise this amount, (s)he may not participate in the Challenge unless (s)he pays the remaining balance of the required funds or is specially approved as a Participant by Flying Kites. The Participant must not fundraise for the Challenge until Flying Kites informs him/her that s(he) has been accepted as an Adventure Challenges Participant and he/she submits these signed Terms and attached Waiver of Liability to Flying Kites.

The Participant must submit funds based on the schedule distributed to them upon acceptance to the program. The Participant's failure to pay Flying Kites these funds by the specified time may result in his/her not being allowed to participate in the Challenge and forfeiting his/her deposit. Exceptions to these requirements will be considered on a case-by-case basis.

The Participant agrees that all funds raised under the auspices of Flying Kites Adventure Challenges will be given to Flying Kites and may not be used for any other charitable or personal purpose. When fundraising for the Challenge, the Participant must inform potential donors that a portion of the funds raised will contribute toward his/her costs on the Challenge. If the Participant decides not to complete the Challenge or is required to withdraw from it for any reason, Flying Kites will keep any funds deposited with it. Any funds that the Participant has in his/her possession must be submitted to Flying Kites or returned to the donor.

Funds raised by Participants will pay for the Adventure Challenges package as detailed in the Adventure Challenges FAQs. However, Participants are responsible for the costs of travel insurance, personal equipment, tips, overseas airport taxes, government imposed fees, visas, vaccinations, food and drink beyond that provided in the Challenge package, personal spending money, transportation to and from the airport in the United States, and any other activities beyond the Challenge itself.

4. Amendments to the Challenge Itinerary. During an Adventure Challenge, itinerary details may be and often are changed at short notice due to changing weather patterns, wildlife movements, and other factors out of Flying Kites' control. Flying Kites has the right to amend the Challenge itinerary whenever it is deemed necessary or advisable.

If Flying Kites must change the Participant's flight itinerary, it will notify the Participant as soon as possible. Flying Kites is not liable for any penalty charges associated with changing travel bookings to the departing airport or changing accommodation booked before the departure. Therefore, Flying Kites advises the Participant not to purchase any nonrefundable travel or accommodation before Flying Kites sends the finalized travel itinerary between two and three weeks prior to departure.

While Flying Kites makes every effort to secure suitable and reliable accommodation for its Adventure Challenges Participants, it is possible that the Participant's reserved accommodation may not be suitable or available upon arrival. In such cases, Flying Kites will make every effort to provide accommodation of a similar standard in the same area.

Flying Kites and its contracted guides have the sole authority to alter the itinerary during the course of the Challenge. All such amendments are final.

Itinerary Amendments Requested by Participant. If the Participant wishes to amend a booking (including extending a return date), Flying Kites will make every effort to assist him/her. The Participant must make any booking amendment requests in writing. The Participant will be responsible for any expenses in making such amendments.

The Participant will only be allowed to participate in a later occurring Challenge if (s)he is unable to participate in her scheduled Challenge because of medical injury, illness, a death in the family, or other events approved by Flying Kites on a case-by-case basis. In such cases, all funds raised by the Participant will apply to the later occurring Challenge, but the Participant must pay for any additional costs required by the Challenge in which (s)he wishes to participate.

5. Cancellations and Removal from the Challenge. Flying Kites has the right in any circumstance to cancel the Challenge, but will not do so less than six weeks before the scheduled departure date unless it is for reasons outside of Flying Kite's control, as enumerated in Section 6 of these Terms. If Flying Kites must cancel the Participant's scheduled Challenge, the Participant may choose to enroll in an alternative Challenge (but will be responsible for any increased costs associated with the alternative Challenge) or to forfeit his/her spot in the Adventure Challenge and receive a refund of his/her deposit. If Flying Kites cancels the Challenge, the Participant may request that any funds deposited with Flying Kites be donated to an alternative charity. Any funds that the Participant has in his/her possession must be submitted to Flying Kites, an alternative charity, or returned to the donor.

If a Participant wishes to withdraw from the Adventure Challenge, (s)he must inform Flying Kites in writing of this decision. If the Participant withdraws from the challenge, (s)he forfeit his/her deposit, and any funds raised and deposited with Flying Kites will not be returned. Any funds that the Participant has in his/her possession must be submitted to Flying Kites or returned to the donor.

Participants must comply with the laws and regulations of the countries they visit and with all reasonable instructions of Flying Kites or the contracted guide relating to the safety and organization of the Challenge. If Flying Kites, a tour guide, airline pilot, accommodation manager, country official, or other person in authority feels that the Participant is behaving in such a manner as to cause danger, distress or annoyance to herself/himself or others, or to cause damage to property, (s)he may be removed from the Challenge. In such an event, Flying Kites will have no liability to the Participant, will not refund any money to the Participant, and will not pay for any expenses the Participant incurs as a result of being removed from the Challenge. Furthermore, a Participant removed from the Challenge must reimburse Flying Kites for any expenses Flying Kites incurs as a result of the Participant's behavior.

6. Force Majeure. Flying Kites will not be liable or return any funds to Participants if an Adventure Challenge is negatively affected, cut short, or cancelled because of an event which Flying Kites could not, even with all due care, foresee or avoid. Such events include war, threat of war, riots, unexpected government actions (including legislation, ordinances and decrees), terrorism, industrial disputes, extreme weather conditions, natural or nuclear disaster, epidemics, fire, road closures, pilferage, quarantines, dangers incident to sea, land and air travel, closed or congested airports, and other similar incidents beyond Flying Kites' control. However, if the Challenge is completely cancelled because of force Majeure, Flying Kites will return the Participant's deposit.

7. Insurance and Medical Concerns. Flying Kites requires all Participants to purchase STA travel insurance. Participants must submit proof of this insurance to Flying Kites no later than sixty-five days prior to the Challenge departure date.

In the case of a medical emergency, the Participant authorizes Flying Kites to arrange necessary medical treatment and to sign any required consent forms on the Participant's behalf to receive such medical treatment.

8. Liability. There are inherent hazards and risks associated with the Adventure Challenge which takes place some distance from a medical facility. The Participant accepts such risks and chooses to proceed with the Adventure Challenge. Participants participate in the Challenge at their own risk and are at all times responsible for their personal possessions and liable for any losses they may incur traveling to and participating in the Challenge.

The Participant understands and agrees that Flying Kites may not be held liable or responsible in any way for a Participant's injury, death, damages, or events that may occur as a result of the Participant's participation in the Challenge.

The air carriers, hotels and other suppliers providing travel or other services for Adventure Challenges are independent contractors and are not agents or employees of Flying Kites. Flying Kites is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom.

9. Media Release. The Participant agrees that any video, recordings, and/or photographs taken of the Participant by Flying Kites prior to, during, or after the Challenge may be used in publicity material connected with the Challenge and that Flying Kites will retain all rights, title and interest in these photographs, including but not limited to any royalties, proceeds, or other benefits derived from them.

10. Jurisdiction and Other Legal Information. The laws of the State of Rhode Island governs these Terms and Conditions, and the Participant consents to the exclusive jurisdiction and venue of courts in Rhode Island in all disputes arising out of or relating to Flying Kites' Adventure Challenge program.

The Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration under the rules of the American Arbitration Association.

These Terms and attached waiver constitute the entire agreement between the Participant and Flying Kites and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction of the State of Rhode Island, such invalidation of such part or portion should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

The Participant's signature below indicates that (s)he has read, understands, and agrees to the Flying Kites Adventure Challenges Terms and Conditions.

Flying Kites Adventure Challenges
Liability Release, Waiver, Discharge, and Covenant Not to Sue This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, "Release"), made voluntarily by me, the undersigned Releasor, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Releasor," "I" or "me," terms that shall also include Releasor's parents or guardian, if Releasor is under 18 years of age) to Flying Kites, Inc. ("Flying Kites").

As the undersigned Releasor, I fully recognize that there are dangers and risks to which I may be exposed by participating in the Flying Kites Adventure Challenge (the "Challenge"). As the undersigned Releasor, I understand that Flying Kites does not require me to participate in this Activity, but I want to do so despite the possible dangers and risks and despite this Release. With informed consent, and for valuable consideration received, including assistance provided by Flying Kites, as the undersigned Releasor, I agree to assume and take on myself all of the risks and responsibilities any way arising from or associated with this Challenge, and I release Flying Kites and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively, "Releasees"), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Challenge, including any injury or harm to me, my death, or damage to my property (collectively "Liabilities"), and I agree to hold Releasees harmless from any and all Liabilities.

As the undersigned Releasor, I recognize that this Release means I am giving up, among other things, all rights to sue Releasees for injuries, damages or losses I may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as myself. I also affirm that I have adequate medical and travel insurance to cover any medical assistance I may require. I agree not to participate in the Challenge unless I am medically able, and I agree to abide by the decision of Flying Kites and its agents regarding whether I may participate in the Challenge.

I agree that this Release shall be governed for all purposes by Rhode Island law, without regard to such law on choice of law.

By agreeing to Adventure Challenges Terms and conditions I am acknowledging that I have read this entire Release. I fully understand the entire Release and acknowledge that I have had the opportunity to review this Release with an attorney of my choosing if I so desire, and I agree to be legally bound by the release.