Terms & Conditions of Service

*applies to bookings made from March 1st, 2024 and forward
Last updated April 1st, 2024

These Terms and Conditions (“Terms”) govern your access to and use of the website located at fernwehcollective.ca (referred to as the “Website” or “Company Website”), which is owned and/or operated by Untethered Media INC, a British Columbia Corporation (“Company,” “Untethered Media,” “we,” “us,” or “our”). These Terms also apply to any other products, mobile applications, or platforms offered by the Company (collectively referred to as “Company Programs”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY:
These Terms, along with the Company’s Privacy Policy (referred to as the “Privacy Policy” or “Company’s Privacy Policy”), and any additional terms or conditions referenced in these Terms (collectively referred to as this “Agreement”), constitute a legally binding contract between you and the Company. It is important that you carefully read all provisions of this Agreement as it contains vital information regarding your access and use of the Site or any other Company Programs.

This Agreement constitutes a binding contract between you and the Company. It is recommended that you download and print this entire Agreement (including, but not limited to, these Terms and the Company’s Privacy Policy, as defined above) for your records.

No alterations (additions or deletions) made by you to this Agreement will be acknowledged by the Company. Therefore, if you do not consent to all the terms and conditions of this Agreement, you should refrain from accessing or otherwise using the Site or any other Company Programs.

By continuing to use or access the Site or any other Company Program (including, but not limited to, initiating any trip booking), you explicitly agree to be bound by all provisions of this Agreement (as defined above), as presented to you as of the date of your initial use of either the Site or any other Company Program.

As detailed in Section 10 herein, the Company reserves the right, at our discretion and at any time, to amend any provisions of this Agreement, including but not limited to changes to terms and conditions governing trip bookings or the Company's Privacy Policy (referred to as "Updates to this Agreement"). You are obligated to abide by all Updates to this Agreement, as further explained in Section 10 of this Agreement.

PRIVACY NOTICE
All users (including, but not limited to, all travelers as defined herein) are directed to Section 4 of this Agreement for a link to the Company’s Privacy Policy. Without limiting the provisions of Sections 4 and 5.21 herein, or any of the provisions of the Company’s Privacy Policy, a user’s utilization of any Company Program, including, but not limited to, booking any trip, implies your consent to our collection and processing of your personal information, including the utilization of cookies, in accordance with the Company’s Privacy Policy. It is imperative that you carefully review the Company’s Privacy Policy (refer to Sections 4 and 5.21 herein) as it contains crucial information regarding our collection, use, storage, disclosure, and transfer of your information. If you do not agree to all the terms of the Company’s Privacy Policy, then you are not authorized to use the Site or any other Company Program.

1. Definitions. The following terms have the meanings ascribed to them:

1.1 Access Right: As defined in Section 2 herein.

1.2 Booking(s) or Book a Trip: As defined in Section 5 herein.

1.3 Content: Any data, information, messages, text, photos, graphics, videos, tags, works, material, or other content, including personal identifiable information.

1.4 Company IP Assets: As defined in Section 3.2 herein.

1.5 Company Privacy Policy: As defined in Section 4 herein.

1.6 Company Server or Server: The computer software or hardware hosting the Website or Company Programs for users across the Internet.

1.7 Down Payment: Payment made by you to reserve your spot on a trip, further detailed in Section 5.2.

1.8 Host: The ambassador, influencer, entrepreneur, or other business hosting a Trip that Travelers can Book via the Company Website or other authorized Company Program.

1.9 Major Change: A substantial alteration to an itinerary, including but not limited to, length of stay, departure date, or overnight location beyond a 100-mile radius of the advertised location.

1.10 Organizer: As defined in Section 5 herein.

1.11 Operator: The local company (if applicable) providing services during the trip, including but not limited to, organizing and executing transportation, activities, accommodations, itinerary management, and overseeing Trip Leaders, et al.

1.12 Trip Leader(s): The local representative(s) assigned by the Operator, responsible for organizing and executing trip logistics and overseeing the group.

1.13 Traveler: Any individual user of the Company Website or other authorized Company Program who Books a Trip using such Company Website or Program.

1.14 Trip: The itinerary with identified host, dates, and price, as specifically described on the Company Website.

1.15 Trip Payments: Payments processed by Company as follows:

1.15.1 The Trip payment processed by the Company on behalf of the Traveler who Books a Trip through the Trip Services, made to third parties as described in the terms and conditions of the Bookings.

1.15.2 The Trip fees paid by a Host while using the Trip Services, transmitted through the Trip Services from the Host to a third party, as agreed by Company pursuant to said Trip Services.

1.15.3 The Trip fees paid to an Operator while using the Trip Services, transmitted through the Trip Services from the Organizer to a third party, as agreed by Company pursuant to said Trip Services.

1.16 Trip Services: Including:

1.16.1 For Travelers, as defined in Section 5 herein;

1.16.2 For Hosts, the service offered through the Website or other Company Program to assist in coordinating Trip logistics for Travelers and Organizers; and/or

1.16.3 For Operators, the service offered through the Website or other Company Program to assist in coordinating Trip logistics for Travelers and Hosts.

1.17 Reschedule: A trip postponed due to a Force Majeure event, with newly scheduled dates within 14 months of the previously planned departure.

1.18 Cancellation: Any significant date alteration not caused by a Force Majeure event or the complete removal of a trip from sale and future operation by any party.

2. ACCESS AND TERMS OF USE OF COMPANY WEBSITE AND ANY OTHER COMPANY PROGRAMS

2.1 Access Right:
Subject to all the terms and conditions outlined in this Agreement, the Company grants the user a non-exclusive, revocable, and limited right to access and utilize this Company Trip Website or Company Program, including any Trip Services provided through them, strictly in accordance with this Agreement ("Access Right"). The Company reserves the discretion to suspend or revoke this Access Right without prior notice. Additionally, the Company retains the right to modify, suspend, or discontinue any or all aspects or features of this Company Website or Company Program, including the availability of content or features, at any time and without notice. This Access Right granted to the user under this Agreement will cease immediately upon the expiration, cancellation, or termination of this Agreement for any reason.

2.2 User Responsibilities:
The user is responsible for procuring and maintaining any necessary equipment or ancillary services required to connect to or access this Company Website or Company Program. This includes, but is not limited to, internet connections, modems, hardware, software, and long-distance or local telephone services.

2.3 User Covenant:
As a condition of using this Company Website or Company Program, including any Trip Services, the user agrees not to:

(a) Use the Company Website or Company Program for any unlawful purpose or in any manner that could damage, disable, overburden, or impair them, or interfere with any other party's use and enjoyment thereof; and

(b) Obtain or attempt to obtain any materials or information through unauthorized means.

2.4 Content Responsibility:
Regardless of any assistance provided by the Company, the user assumes sole responsibility for uploading and updating any of the user’s Content contained in the Company Website or Company Program.

2.5 User Agreement:

Users further agree to the following provisions:

2.5.1 Prohibited Actions:

(a) Users shall not upload, distribute, or otherwise publish any Content on this Company Website or Company Program that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable;

(b) Users shall not upload or transmit any Content that would violate the rights of any party, constitute or encourage a criminal offense, or otherwise create liability or violate any applicable laws;

(c) Users shall not upload or transmit any Content that may infringe any intellectual property rights of any party;

(d) Users shall not impersonate any person or entity or misrepresent their affiliation with any entity;

(e) Users shall not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services, or money, including junk mail and spam;

(f) Users shall not use the Company Website or Company Program for unauthorized purposes; and

(g) Users shall not engage in any illegal activities or fraudulent schemes or transactions using the Company Website or Company Program.

2.5.2 User Content Rights:
In addition to the rights granted to the Company under Section 8 of this Agreement, the user grants the Company perpetual, worldwide, transferable, fully paid-up rights to utilize any of the user’s Content for the following purposes:

(a) Providing the user with the Trip Services outlined by this Company Website or Company Program, pursuant to this Agreement or any other contractual arrangement between the user and the Company, encompassing other uses typically intended for users;

(b) Assisting or coordinating with any claims arising from the utilization of the Company Website or Company Program, including any claims involving Hosts or Operators; and

(c) Utilizing the content for any other lawful purpose in furtherance of Company business, operations, or corporate objectives.

2.6 User Security Provisions:

2.6.1 Users are prohibited from violating or attempting to violate the security measures of this Company Website or Company Program, or any Company Server (as defined herein), including, but not limited to, (i) accessing data not designated for the user or logging into a server or account without authorization; (ii) attempting to probe, scan, or test system vulnerabilities or breach security or authentication protocols without proper authorization; (iii) interfering with service to any user, host, or network; or (iv) sending unsolicited emails, including promotions or advertisements for products or services.

2.6.2 Violations of system or network security, including that of this Company Website or Company Program or any Company Server, may result in civil or criminal liability.

2.6.3 The Company retains the right to investigate incidents involving such violations and may collaborate with law enforcement agencies in prosecuting users implicated in such violations. The Company also reserves the right to cooperate with law enforcement agencies, including compliance with warrants, court orders, and subpoenas, and disclosure of user information and activities related to this Company Website or Company Program. By utilizing the Company Website or Company Program, users authorize the Company to take such actions.

2.7 User Content Contribution and Responsibilities:
If the user uploads, transmits, or otherwise contributes any Content (whether owned by the User or otherwise) to the Company Website or Company Program, the user represents and warrants to the Company that they possess the lawful right to distribute and reproduce such Content. Furthermore, the user bears sole responsibility for their conduct and the conduct of their users while utilizing the Company Website or Company Program, including all Content within folders or web pages, or through any transactions or interactions generated, transmitted, or maintained via the Company Website or Company Program. The Company disclaims responsibility for any online distribution or publication by the user or any other party, and cannot review every message or other Content generated or posted by the user or any other party.

2.8 Termination Rights:
In addition to any other termination rights stipulated in this Agreement, the Company reserves the absolute right to immediately terminate, without prior warning, any account that it, in its sole discretion, believes breaches any provision of this Section.

3. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS.

3.1 It is the Company’s policy to uphold the copyrights, trademarks, and intellectual property rights of others. The Company retains the absolute authority to (i) promptly terminate, without prior notice, all rights (including, but not limited to, all Access Rights and any rights of any user whom the Company deems to infringe upon the copyrights, trademarks, or intellectual property rights of others, and/or (ii) delete any such Content from a user from the Company Website or Company Program or used in any Trip Service that, in the Company’s judgment, may infringe the copyrights, trademarks, or other intellectual property rights of any third party.

3.2 Each user agrees to the following:

3.2.1 The Company or its licensors hold all rights, title, and interest, in Canada and elsewhere, in and to all trademarks, service marks (whether registered or common law marks), logos, and any other trade names displayed on or in the Company Websites and all other Company Programs (including without limitation the Company’s Trip Services) or otherwise embodied in or associated with any and all of the Company’s other products and services (hereinafter collectively referred to as “Trademarks/Trade Dress”). Users shall not use any Trademarks/Trade Dress in connection with any product or service that is not owned by the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company which may appear in the Company Websites or any other Company Programs are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

3.2.2 All content included on or made available through any Company Websites or any other Company Programs, including without limitation any text, graphics, logos, page headers, button icons, scripts, images, audio clips, digital downloads, and data compilations, and all copyrights contained or arising out of the foregoing, is and shall remain the sole property of the Company and is protected by Canadian and international copyright laws (collectively, “Works”).

3.2.3 Without limiting the provisions of Section 3.2.1 or 3.2.2 above, the user hereby acknowledges and agrees that the Company or its licensors are the sole owners, worldwide, of all Trademarks/Trade Dress (as defined in Section 3.1.1 above), all Works (as defined in Section 3.1.2 above), and any and all other inventions, patents, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, copyrights, works, and all other intellectual property provided in, made available by using, or otherwise contained or embodied in, all Company Websites and all other Company Program, or otherwise used by the Company in the furtherance of its Trip Services or any of its other products, services, or overall business (collectively “Company IP Assets”). All content published and made available on our Site is the property of Untethered Media INC. and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

3.3 Company IP Assets are protected by the copyright, patent, trademark, and/or other intellectual property laws of both Canada and other countries. This Agreement shall not be interpreted to: (i) grant any rights to any user in or to any of the Company IP Assets except for the limited Access Right set forth and subject to the terms and conditions of Section 2.1 of this Agreement; or (ii) transfer any rights in any Company IP Assets or in any other Company intellectual property rights from the Company to any users.

3.4 Company IP Assets may not be used by the user without the prior written permission from the Company. Any rights not expressly granted herein to the User are reserved to the Company. In addition to any other conditions on the user’s Access Right as set forth in this Agreement, the user’s Access Right is subject to the following additional conditions: (i) the user shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the Company IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same; (ii) no copyrighted material, content, or any other Company IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of the Company (which the Company may or may not grant in its sole discretion); (iii) the user shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of the COMPANY or any other party placed on or embedded in the Company IP Assets and shall otherwise retain all such notices on all copies of the same; and (iv) use of any of the Company IP Assets is prohibited unless the user is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.

3.5 The user agrees to keep strictly confidential all Company IP Assets that have not been made publicly available by the Company. The user also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.

4. PRIVACY

4.1 The User acknowledges and agrees that: (i) it is their sole responsibility to maintain the confidentiality of any User Content, login credentials, or passwords associated with the Company Website, Company Program, or any Trip Service; and (ii) they are solely responsible for all activities conducted using their login credentials or passwords, whether or not authorized by the User, and undertake to promptly notify the Company of any unauthorized use thereof.

4.2 Each User's utilization of the Company Website, or any other Company Programs, including but not limited to Trip Services, is contingent upon adherence to the Company's Privacy Notice. This Privacy Notice is accessible at https://www.fernwehcollective.ca/privacy-policy and is hereby incorporated by reference into this Agreement as the "Company Privacy Policy." The handling of a User's personal information, encompassing collection, usage, disclosure, and other processing, is governed by the Company Privacy Policy. By accepting this Agreement, each User affirms their commitment to adhere to the Company Privacy Policy, subject to any future amendments made by the Company.

5. TRAVELER’S BOOKING TERMS AND CONDITIONS; SCOPE OF COMPANY’S TRIP SERVICES

5.1 Booking; Company’s Trip Services for Travelers

5.1.1 The Traveler agrees that all Trip bookings must be made through the Company's designated channels, such as the Website or other authorized Company Programs. By making a Trip booking ("Booking") with the Company, the Traveler is deemed to have accepted this Agreement, including all provisions of Section 5 governing the Booking. The Company will only accept Bookings on this basis.

5.1.2 The Trip services provided by the Company upon a Traveler's Booking, whether through the Website or any other Company Program, are limited to the acceptance of the Booking and the processing of Trip Payments as outlined in the Booking ("Trip Services"). It is clarified that the Company's sole responsibility and liability related to or arising from the Booking and Trip Services are confined to the processing of Trip Payments to the appropriate third party according to the Booking's terms and conditions. Please note that our Site may offer goods and services from third parties, and we cannot guarantee the quality or accuracy of such offerings.

5.1.3 All additional services related to the Booking are the sole responsibility of the Trip Operator ("Operator") identified in the Booking (or the Host, as applicable), and are subject to the terms and conditions of any agreements between the Traveler and the Operator (or any Host, as applicable). The Operator is responsible for honoring confirmed Bookings and providing any Trips reserved through the Services. The Operator is also solely responsible for providing all legally required information to the Traveler. By entering into a transaction with an Operator for a Trip Booking, the Traveler agrees to accept any terms, conditions, rules, and restrictions associated with such Booking imposed by the Operator and will receive necessary information from the Operator only. The Traveler acknowledges and agrees as follows regarding all Bookings involving Operators:

(a) The Company acts as a neutral third party facilitating the introduction between the Traveler and the Operator;

(b) The Company's sole responsibility under this Agreement, including all Bookings and Trip Services, is to transmit Trip Payments to the Operator; and

(c) The Company does not assume any responsibility arising from or related to any agreements between the Traveler and the Operator or any other third party, unless explicitly required by applicable law.

(d) Any agreements between the Traveler and the Operator outside the Company’s trip itinerary are not covered by this agreement, and the Company is not responsible for any issues resulting from such agreements.

5.2 Initial Payment Obligations
To secure a booking, each Traveler is required to submit a 25% down payment ("Down Payment") per person per Booking, as outlined herein. The Down Payment is refundable within the initial five days following its submission, subject to a 5% transaction processing fee. After this grace period, the Down Payment becomes non-refundable. In cases where a Booking is made within 60 days of the Departure Date, the full amount is due at the time of booking and constitutes the Down Payment under this Agreement.

5.3 Payment Terms
Should a traveler opt to finance their trip through an alternative payment platform, the terms and obligations outlined herein remain binding and enforceable. Please note that any separate payment agreements with Untethered Media are distinct from the terms outlined in this Agreement.

5.4 Confirmation and Final Payments
Confirmation of a trip is contingent upon reaching a minimum threshold of participants. Upon meeting this requirement, a confirmation email will be issued to the Traveler. Please be aware that the Company retains the right to cancel trips due to insufficient participant attendance. In such cases, all payments made to the Company will be promptly refunded. However, the Company cannot assume liability for any personal expenses, such as airline tickets, resulting from itinerary changes or tour cancellations.

5.5 Pricing and Additional Charges
Prices listed are subject to seasonal fluctuations and variable pricing, common within the travel industry. Any discounts or reduced pricing applied after the Down Payment is made will not be retroactively applied to the Booking. The Company reserves the right to impose surcharges up to 60 days before the Departure Date, attributed to factors such as changes in exchange rates, transportation costs, local operator expenses, or governmental actions. Partial refunds, if applicable, will be at the discretion of the Company and determined on a case-by-case basis.

5.6 Traveler Information
To finalize travel arrangements, Travelers must provide all requested details prior to the Departure Date. Failure to do so may result in additional charges or cancellation of the Booking. Required information may include full name as per passport, date of birth, nationality, passport details, Covid-19 vaccination/testing results, and any pertinent medical conditions affecting travel.

5.7 Cancellation Policy
In the event of a cancellation, fees will apply according to the following schedule:

  • 0 - 7 days after booking: Down Payment is refundable. 5% transaction fee may apply.

  • 7 days+ after booking: Down Payment is non-refundable.

  • 60-120 days before departure: Down payment is non-refundable. 50% of Trip Cost is non-refundable

  • Less than 59 days before departure: 100% of Trip Cost is non-refundable

Please note that cancellations must be confirmed in writing to hello@fernwehcollective.ca. Our cancellation policy aims to reflect the operational costs incurred by the Company and provides a reasonable estimate of associated losses.

Cancellation Policy Exceptions
Should you need to discontinue participation in a trip after it has commenced, refunds for unused services will not be provided. No refund will be issued if you fail to join a trip, join it after departure, leave it prior to completion, or opt out of participating in a scheduled activity. Please note that in addition to our cancellation fees, accommodation providers, travel agents, or third-party tour and transport operators may levy additional charges. We cannot be held responsible for any unfavourable exchange rate fluctuations resulting in a reduced refund in your local currency.

Untethered Media reserves the right to refuse acceptance or retention of any tour participant whose behavior, health, or mental condition hinders the operation of the trip.

Cancellation by the Company
In the event of trip cancellation or rescheduling by the Company, partial refunds, if any, will be determined at the Company's discretion on a case-by-case basis.

The Company shall not be liable for any indirect, consequential, incidental, or other costs/damages incurred by travellers due to canceled trips, including but not limited to airplane tickets, visas, and vaccinations.

Cancellation for Any Reason
We reserve the right to cancel a booking for any reason up to 60 days before the departure date. Any refunds, whether full or partial, will be at the sole discretion of the Company and determined on a case-by-case basis.

In the event of cancellation for any reason, we are not liable for any incidental expenses incurred by you, including but not limited to visas, vaccinations, unfavourable exchange rate fluctuations, travel insurance excess, or non-refundable flights.

If cancellation is due to operator error or negligence, Untethered Media may, at its discretion, seek reimbursement from the operator and issue a refund accordingly.

Cancellation due to Force Majeure Event
The Company shall not be deemed to have defaulted under this agreement for any failure or delay in fulfilling or performing any term, including the terms of a booking, caused by acts beyond its reasonable control, including force majeure events such as natural disasters, public health emergencies, government actions, or labor disputes.

In the event of a force majeure event, partial refunds, if any, will be determined at the Company's discretion on a case-by-case basis.

The Company is not responsible for any indirect, consequential, incidental, or other costs/damages incurred by travelers due to canceled trips, including but not limited to airplane tickets, visas, and vaccinations.

5.9 Company Refund Policy Prior to March 1st, 2024

Untethered Media's policy regarding refunds before March 1st, 2024, is as follows:

We acknowledge the unique nature of Untethered Media getaways and, therefore, do not offer refunds. However, we facilitate ticket transfers. If you are unable to attend the event, you have the option to transfer your ticket to another individual. It is your responsibility to find a suitable replacement and coordinate the transfer of the ticket, including the exchange of funds.

In the event of Untethered Media canceling an event due to insufficient participant numbers, registered attendees will receive a notification and a full refund two weeks before the scheduled event date.

In cases where specific activities on the trip are canceled due to adverse weather conditions or natural disasters, Untethered Media will not provide refunds for those activities. Instead, alternative arrangements will be made for substitute activities.

5.10 Incidental Expenses
Untethered Media will not be liable for any incidental expenses resulting from booking cancellations, including but not limited to visa fees, vaccination costs, adverse fluctuations in exchange rates, excess travel insurance fees, or non-refundable flight expenses.

5.11 Inclusions & Exclusions
Unless explicitly stated in your contract with the Operator, the price of your booking includes:

  • Accommodation as outlined in the itinerary

  • Transportation as detailed in the itinerary

  • Listed activities

  • Specified meals

  • Services of the designated trip leader

Exclusions from the booking price encompass, but are not limited to:

  • International or domestic flights unless expressly mentioned

  • Taxes and additional baggage fees unless otherwise specified

  • Meals and beverages beyond those specified in the itinerary

  • Visa and passport charges

  • Mandatory Covid-19 testing

  • Vaccinations required by the destination or operator

  • Travel insurance

  • Optional activities and personal expenses

  • Gratuities for tour guides

5.12 Age & Health Eligibility
To utilize the Trip Services, including booking any Trip, individuals must meet the following requirements:

  • The primary traveler must be at least 21 years old.

  • If booking for a traveler under 21, the primary booker must be at least 35 years old and a family relative able to act on behalf of the participant, providing an executed guardian waiver deemed acceptable by the Company.

  • By booking a trip, you confirm that you meet the age requirement.

  • Additionally, it's your responsibility to ensure you're physically fit for full participation in the trip and to seek appropriate medical advice regarding health requirements and recommendations for your destination.

5.13 Passport and Visa Obligations
Travelers are required to possess a valid passport and obtain all necessary visas, permits, and certificates for countries to be visited during the Trip. Passports must be valid for at least six months beyond the booking duration. The responsibility lies with travelers to ensure they possess the correct travel documents. The Company bears no responsibility for entry denials due to inadequate travel documentation.

5.14 Travel Insurance
Participants must provide proof of travel protection with emergency evacuation and repatriation coverage of at least $100,000 USD and medical coverage of minimum $50,000. This coverage can be purchased from any provider of choice. Any additional coverage requirements specified by the Operator must be met at least 60 days before departure. Confirmation of coverage, including provider and policy number, must be provided to the Company at least two weeks before departure.

5.15 Flexibility
Acknowledging the adaptable nature of travel, participants should anticipate potential itinerary changes. While the provided itinerary outlines planned activities, routes, and amenities, these are subject to alteration without prior notice. The Company bears no liability for such alterations.

5.16 Itinerary Adjustments
The Company and Operators reserve the right to modify trip itineraries. Travelers should refer to the Company's website or other programs for the most recent updates. It's the Operator's responsibility, not the Company's, to update the booking itinerary.

5.16.1 Changes Before Departure
In case of major changes, travelers will be promptly notified. Major changes include significant alterations to the itinerary such as duration, departure dates, or overnight locations.

5.16.2 Changes After Departure
The Operator may adjust the itinerary after departure due to local circumstances or uncontrollable events. Any additional costs incurred due to itinerary changes are the traveler's responsibility.

5.17 Compliance with Trip Guidelines
Travelers are expected to adhere to decisions made by the Operator or designated Trip Leader. Failure to comply or interference with group dynamics may result in immediate expulsion from the trip without refund. Travelers must also adhere to the laws, customs, and regulations of visited countries and abide by the Company's Traveler Code of Conduct.

5.18 Assumption of Risk
Participants acknowledge the adventurous nature of the trip, which entails personal risk. It's the participant's responsibility to acquaint themselves with relevant travel information and understand the inherent risks involved.

5.19 Optional Activities
Optional activities not included in the booking are not part of the agreement. The Company bears no liability for these activities, and any arrangements made for them are solely between the participant and the activity provider or Operator.

5.20 Complaint Procedure
In case of trip-related complaints, participants should first inform the designated Trip Leader. If unresolved, written complaints should be submitted to the Company within 30 days of trip completion.

5.21 Severability
If any terms of the agreement are deemed unenforceable, they will be severed or amended to ensure the remaining terms remain binding.

5.22 Marketing Consent
Participants consent to the use of their images by the Company and Operators for promotional purposes across various mediums.

5.23 Privacy Policy
The Company's Privacy Policy governs the collection and use of personal information for trip-related purposes.

5.24 Pre-Trip Behavior
The Company reserves the right to cancel a booking due to traveler behavior deemed a security concern. In such cases, refunds may not be provided, and future services may be denied.

5.25 Updated Covid-19 Vaccination Requirements
As of November 1st, 2022, COVID-19 vaccination is no longer mandatory for Trip registration, though some trips may require full vaccination as per local regulations.

5.25A COVID-19 Vaccination Requirements (December 31st, 2021 - October 31st, 2022)

During this period, some trips may have mandated full COVID-19 vaccination. Travelers must certify their vaccination status in accordance with relevant national guidelines.

The traveler acknowledges and agrees that the Company bears no responsibility for any liabilities associated with vaccine requirements, as well as their implementation and enforcement.

Given the ongoing evolution of knowledge surrounding COVID-19, its variants, and vaccinations, WE MAINTAIN THE RIGHT TO MODIFY THIS POLICY WITHOUT PRIOR NOTICE.

6. DISCLAIMERS; LIMITATION OF LIABILITY
With the exception of the Company’s explicit commitment under Section 5.1.2 to process the Trip payments of a Traveler according to their Booking terms and conditions:

(A) The Company does not make any representations, warranties, or other commitments to the Traveler or any other user regarding the Company Website, any other Company Programs, any Trip, any Trip Services, any other Company IP Assets, and any other content provided therein.

(B) The Company Website, any other Company Programs, any Bookings, Trip Services, any Company IP Assets, and any other content provided therein are all offered to a Traveler and all other users on an "as is" and "as available" basis, without warranties of any kind.

Limitation of Liability
Untethered Media INC. and its directors, officers, agents, employees, subsidiaries, and affiliates shall not be held liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees, arising from your use of the Site.

THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

(A) MERCHANTABILITY;

(B) FITNESS FOR A PARTICULAR PURPOSE;

(C) NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

SUCH DISCLAIMERS APPLY BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES OFFERED BY HOSTS, OPERATORS, OR ANY OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO:

(A) MERCHANTABILITY;

(B) FITNESS FOR A PARTICULAR PURPOSE;

(C) TITLE;

(D) NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

THESE DISCLAIMERS APPLY BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

FOR PURPOSES OF THIS SECTION 6, THIRD-PARTY PRODUCTS AND SERVICES INCLUDE THOSE OF HOSTS OR OPERATORS.

WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION IN THIS SECTION 6, EACH TRAVELER ACKNOWLEDGES AND AGREES THAT:

(A) THE COMPANY'S SOLE RESPONSIBILITY AND LIABILITY RELATED TO OR ARISING FROM THE TRAVELER'S BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO PROCESSING TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY AS PER THE BOOKING TERMS AND CONDITIONS;

(B) ALL OTHER SERVICES RELATED TO OR ARISING FROM THE TRAVELER'S BOOKING OR TRIP, AND ALL OBLIGATIONS RELATED THERETO, ARE SOLELY AND EXCLUSIVELY THE RESPONSIBILITY AND LIABILITY OF THE OPERATOR, HOST OUTSIDE OF THE COMPANY (COMPANY AMBASSADORS EXCLUDED), OR OTHER THIRD PARTIES PROVIDING SUCH SERVICES AND ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE COMPANY.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR INJURY, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), REGARDLESS OF FORESEEABILITY OR WHETHER THE COMPANY WAS ADVISED OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF AGREED OR OTHER REMEDIES' ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING A TRAVELER'S BOOKING OR TRIP) EXCEED THE TOTAL AMOUNTS PAID TO THE COMPANY FOR THE TRIP SERVICES SOLD HEREUNDER.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors, volunteers, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, resulting from your violation of this Agreement, including unauthorized use of the Company Website, Company Programs, Company IP Assets, or any content thereof, or any actions of a Traveler during a Trip.

Links to Third-Party Websites
The Company Website, other Company Programs, or our Trip Services may include links to third-party websites for convenience. The Company has no control over such websites and is not responsible for their content or privacy practices. Accessing linked third-party websites from the Company Website, other Company Programs, or our Trip Services is at your own risk, subject to those websites' terms and conditions, and privacy policies.

9. GOVERNING LAW; JURISDICTION, DISPUTES

9.1 Governing Law
Untethered Media INC. controls and operates the Company Website, Company Programs, and Trip Services from the Province of British Columbia, Canada. While users worldwide are welcome to access these platforms and utilize our services, users acknowledge that they are governed by the laws of Canada and the laws of the Province of British Columbia. By using the Company Website, Company Programs, and Trip Services, users agree to be bound by the laws of the Province of British Columbia, excluding its conflict of laws principles.

9.2 Jurisdiction
Users agree that any claim or dispute with Untethered Media INC. related to or arising from this Agreement shall be exclusively resolved by the federal and/or provincial courts in the province of British Columbia, Canada. Users consent to the jurisdiction of these courts and expressly waive any objections to the exercise of personal jurisdiction by such courts, including claims involving Untethered Media INC., its affiliates, subsidiaries, employees, contractors, officers, directors, volunteers, or agents.

9.3 Prohibition of Class or Representative Actions
Untethered Media INC. and users agree that any claims must be brought on an individual basis and not as part of a class or representative action.

10. CHANGES TO THIS AGREEMENT
By using the Company Website, any Company Program, or any Trip Services, users agree to the following:

10.1 Updates to this Agreement
Untethered Media INC. reserves the right to make changes to this Agreement, including terms and conditions governing Trip bookings and the Company Privacy Policy.

10.2 Notification of Updates
Reasonable efforts will be made to notify users of any updates to this Agreement, including posting updates on the Company's main Website.

10.3 Acceptance of Updates
Continued use of the Company Website, Company Programs, or Trip Services constitutes immediate acceptance of and consent to all updates to this Agreement.

10.4 Disagreement with Updates
Users who disagree with updates to this Agreement should discontinue using the Company Website, Company Programs, and Trip Services.

11. MISCELLANEOUS PROVISIONS

11.1 Entire Agreement; Waiver; Severability
This Agreement constitutes the entire agreement between Untethered Media INC. and users regarding the subject matter herein. The failure to enforce any provision of this Agreement does not waive those rights. If any provision is found invalid, the remaining provisions shall remain in effect.

11.2 Remedies
Users acknowledge that monetary damages may not suffice for unauthorized use of Company assets, permitting Untethered Media INC. to seek injunctive or equitable relief.

11.3 Attorney Fees
The prevailing party in any suit or action to enforce this Agreement shall be entitled to recover reasonable attorney fees.

11.4 Binding Effect; Assignment
This Agreement binds successors and assigns but may not be assigned by users without prior written consent from Untethered Media INC. The Company reserves the right to assign this Agreement at its discretion.

12. Indemnity
Users indemnify and hold harmless Untethered Media INC., its directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses arising from their use of the Site or violation of these Terms and Conditions.

13. User Goods and Services
Untethered Media INC. allows users to sell goods and services on the Site but does not assume responsibility for their quality or accuracy. Users violating these Terms and Conditions may be suspended from selling on the Site.

14. CONTACT INFORMATION
For inquiries about this Agreement or the Company's Websites, Programs, or Services, please contact:

Untethered Media
Email: hello@fernwehcollective.ca