Terms and Conditions
The purchase of any products or services offered by Feet First Media LLC, doing business as Adventure Feet First (hereinafter “Adventure Feet First”) constitutes a contractual agreement between the client (all individuals participating in the trip resulting from the consultation, itinerary, and/or booking, hereinafter “client”) and Adventure Feet First, and represents the client’s acceptance of Adventure Feet First’s terms and conditions set herein. Please ensure that the client carefully reads and fully understands these terms and conditions prior to booking.
The acceptance of these terms and conditions is a condition to purchasing and utilizing any of Adventure Feet First services and the client’s acknowledgement that they have read, understood, and agreed to be bound by them. There is no verbal or written; representation, warrant, prior agreement, or description of services, other than express herein. By purchasing a service package, you agree to be bound by these terms and conditions that govern the relationship, the cancellation policy and limitations of liability. These terms and conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
When a client purchases a package, they accept the terms and conditions on behalf of the entire traveling party. It is the client’s responsibility to have everyone in their party reads, understands, and agrees to these terms and conditions. It is the client’s sole responsibility to ensure all details on the Book Now! survey, subsequent emails, and final confirmation are accurate.
If you do not agree to all aspects of the terms and conditions, please do not use the services provided by Adventure Feet First. These terms include an arbitration clause and a waiver of your right to participate in a class action or representative lawsuit.
Purchasing Service Packages
A package purchase is accepted and becomes definite only from the date when Adventure Feet First sends a confirmation email and payment has been made. It is at this point that a contract between Adventure Feet First and the client comes into existence. Before the client’s purchase is confirmed, payment is made, and a contract comes into force, Adventure Feet First reserves the right to increase or decrease trip prices. Adventure Feet First reserves the right to decline any booking at their discretion. Adventure Feet First is not contractually bound by preferences expressed in the Book Now! trip survey.
Prices and Payments
All prices, discounts, and promotions advertised through Adventure Feet First are subject to change without notice. The price charged for a service package will be the price charged at the time the purchase is made and set out in your confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Prices displayed on all Adventure Feet First platforms (website, social media, etc.) and communications (emails, verbal, etc.) cover only the trip planning fees related to the clients trip, unless explicitly outlined to include anything additional. The prices displayed do not include the cost of the trip itself and the client is responsible for the cost of travel, accommodations, activities, food, and all other items purchased the complete the trip.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, all payments must be made through Adventure Feet First’s website, where they will be processed by a third-party payment processor (Stripe or PayPal, depending upon the client’s choice at time of payment). The client represents and warrants that: the credit card information you supply to us is true, correct, and complete; you are duly authorized to use said credit card for the purchase; charges incurred by you will be honored by your credit card company; and you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted Adventure Feet First platforms at the time of your order.
All service package prices are quoted and payable in USD. Adventure Feet First is not responsible for any fees incurred due to currency exchange or fees charged by your credit card/bank for processing funds in another currency.
General Cancellations or Changes or Refunds
After the client has filled out the Book Now! trip survey Adventure Feet First will review the information and send the client a confirmation email with a payment link. Once the client has completed this payment they have confirmed the purchase and agreed to these terms and conditions, including all change, cancellation, and refund conditions.
If a client wishes to make changes to the information provided via the Book Now! trip survey or any other communications with Adventure Feet First they must do so in writing to email@example.com. The following change fees may apply to any change requests:
- change request within 48 hours of payment made: no fee
- change request after 48 hours of payment made, but before any service is delivered: $50
- change request after service is delivered (ie: consultation, itinerary, booking): $75
If a client wishes to cancel the service package purchased they must do so in writing to firstname.lastname@example.org. The follow cancellation fees may apply to any cancellation request:
- cancellation request within 48 hours of payment made: no fee
- cancellation request after 48 hour of payment made, but before any service is delivered: 50% of purchase price
- cancellation request after service is delivered (ie: consultation, itinerary, booking): 100% of purchase price, plus any fees incurred by vendors or suppliers
Any request of change or cancellation of any Adventure Feet First service package must be made in writing to email@example.com. The date/time that the email is received by Adventure Feet First will be used to determine when the request was made.
Adventure Feet First does not guarantee refunds. Any request for a refund is subject to these terms and conditions, and will be considered on an individual basis. All refund requests must be made in writing directly to Adventure Feet First via firstname.lastname@example.org and will not be made for any package offerings the client decides not to use. If the client would like to “mix and match” package offerings they should request a custom package, which can be done through the Book Now! trip survey.
If Adventure Feet First determines a refund is applicable it will be applied to the credit card used to make the purchase and processed through the third-party that processed the payment (Stripe or PayPal), and will be subject to the refund conditions and fees of that third-party payment processor.
All refunds are at the discretion of Adventure Feet First and will not be offered for any service package where Adventure Feet First has already delivered a consultation, itinerary, booking, or any other variation of the service.
Adventure Booking or Custom Package Changes or Cancellations
For any service package purchased by the client that requires Adventure Feet First to reserve and confirm travel, accommodations, or activities there may be additional charges for any changes or cancellations after client has completed payment for the service. This includes the Adventure Booking package and any custom package the requires Adventure Feet First to reserve or confirm any travel, accommodation, or activities.
It is the client’s responsibility to ensure that all trip details, including traveler information, provided to Adventure Feet First is complete and correct. All passenger details must match the government issued identification they will be traveling with. These details will be used to book or reserve any travel, accommodations, and activities when the client purchases the Adventure Booking package, wherein Adventure Feet First is responsible for confirmation reservations.
If a client needs to change a traveler name, Adventure Feet First will attempt to make that change; however, there may be an additional fee from the vendor or supplier to make this change. The client is responsible for any vendor or supplier charges or fees, as well as a $50 change fee from Adventure Feet First.
All Adventure Booking or custom packages purchased through Adventure Feet First are subject to the terms and conditions, penalties, and fees applicable through the suppliers used. This includes, but is not limited to, all accommodations, transportation, and activities reserved and confirmed by Adventure Feet First. The client will be responsible for all vendor or supplier cancellation charges or fees, as well as a $100 cancellation fee (taken from the original purchase price, prior to the issuance of any refund) from Adventure Feet First.
Any cancellation made within seven days or less of the trip’s first day will not be refunded.
Adventure Feet First will attempt to change or cancel the booking and refund the client, less the fees imposed by the vendors, suppliers, and payment processors. Adventure Feet First will not refund the trip planning fee once the purchase confirmation email has been sent to the client.
If the client purchased travel insurance, it is the client’s responsibility to contact and file a claim with the insurance company. Adventure Feet First will not file a claim on the client’s behalf.
Adventure Feet First does not book any airfare or transportation required prior to the first day of the confirmed trip itinerary. Adventure Feet First strongly recommends the client waits until the daily itinerary is confirmed before booking airfare or making any non-refundable travel arrangements.
Adventure Feet First is not responsible for the client missing travel to/from the first/last day of the daily itinerary. It is the client’s sole responsibility to ensure they allow for adequate time to arrive on time for their flights or other modes of transportation. A client’s failure to check in to their flight, arrive on time or meet all TSA/FAA requirements may result in missed flights or cancelled tickets. Adventure Feet First is not responsible for any charges or fees incurred from the clients error. This includes any charges or fees incurred through transportation, accommodations, or activities missed during the daily itinerary due to the client’s misjudgment.
Conditions Beyond the Control of Adventure Feet First
Many situations present themselves beyond the control of Adventure Feet First. If something beyond the control of Adventure Feet First disrupts the clients trip, Adventure Feet First can not promise any full refunds.
Compensation will not apply if a change is made for reasons beyond the control of Adventure Feet First. These include (but are not limited to): war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports; hurricanes and other actual or potential severe weather conditions, act of government or public authorities or other circumstances. Adventure Feet First can not and does not accept liability or responsibility for any airline or supplier bankruptcy or insolvency and the failure to provide any services that may follow.
Accommodation and Transportation Compliance
Accommodations have certain rules the client must follow. If the client is charged extra or evicted from the premises for breaking the rules, Adventure Feet First is not liable. The client’s payment through Adventure Feet First covers the client’s reservation fees and taxes. All additional fees, including resort fees and those incurred through incidentals (room service, late checkout, smoking, pet fees, etc.) are to be paid by the client, directly to the accommodation supplier. The client may be asked to provide a credit or debit card at the time of check in. The accommodation supplier may reserve the right to charge the client’s credit or debit card for any damage incurred to the accommodation during the client’s stay, or for any items that are missing upon departure. Incidentals and rates will vary by accommodation.
Clients are required to comply with all rules and regulations of the booked accommodation. Failure to do so may result in fees or expulsion from the accommodation. Adventure Feet First will not be held liable for any additional fees or fines incurred, or legal proceedings between the client and accommodation should they arise.
Adventure Feet First may recommend or book transportation for the client. This includes rental cars, campervans, RVs, train travel, etc. The supplier of the transportation will have rules and regulations that the client is required to follow. The client will be responsible for providing proof of valid driver’s license and insurance, or the purchase of additional insurance when requested by the transportation supplier. Any fees, fines, or trip disruption costs caused by non-compliance on behalf of the client will be the client’s sole responsibility. Adventure Feet First will not be held liable for fees, fines, or additional charges incurred, or legal proceedings between the transportation supplier and the client should they arise.
Travel and Health Insurance
Adventure Feet First strongly recommends that the client obtains both travel and medical insurance prior to beginning their adventure. It is recommended that the medical insurance has a minimum coverage of $100,000 while traveling and include personal injury and emergency medical expenses including, but not limited to, helicopter evacuation, air ambulance and repatriation.
It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client during travel. Adventure Feet First shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a train, bus, or other mode of transportation, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. Adventure Feet First cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities recommended or booked by Adventure Feet First such as hotels, huts, expedition vehicles, or any other mode of transportation or accommodation or activity.
The client acknowledges that the cost of Adventure Feet First planning fees do not include insurance and that the client has been advised to obtain separate coverage at an additional cost. When obtaining travel insurance the client must ensure the insurer is aware of the type of travel to be undertaken.
Adventure Feet First is not responsible for injuries or damages that the client may incur during their trip, including but not limited to: injury or theft during travel; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness. By agreeing to participate in a trip recommended or booked by Adventure Feet First the client agrees that they will not hold Adventure Feet First responsible for any provision of medical care or the adequacy of any care rendered. Adventure Feet First is not responsible for risks and dangers that may arise beyond our control.
It is the clients responsibility to ensure they have and are traveling with the appropriate travel documentations and is solely responsible for any adverse consequences resulting from missing or defective documentation. This may include, but is not limited to, a valid passport (valid at least six months after trip completion), a valid driver’s license, proof of valid car insurance, required visa documents, vaccinations, and permits.
Any information or advice given by Adventure Feet First regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the client and Adventure Feet First is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Claims and Complaints
If a client has a complaint against Adventure Feet First, the client must inform Adventure Feet First in writing as soon as possible. Any complaint or claim involving the services recommended or booked by Adventure Feet First must be submitted to Adventure Feet First in writing within seven calendar days of the trips completion to be considered. Refunds are not guaranteed.
The client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in their daily life. By purchasing a service package with Adventure Feet First, the client acknowledges they have considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges, and laws in effect at each stop along the itinerary.
Vendors, Suppliers, and Independent Contractors
Adventure Feet First is not a travel provider, we are a travel consultant company providing a service that recommends and books travel providers. All trips recommended or booked by Adventure Feet First utilize vendors, suppliers, and independent contractors. Adventure Feet First will at all times endeavor to appoint reputable and competent local vendors, suppliers, and independent contractors. The terms and conditions of the suppliers will be applicable. These may limit or exclude the liability of the supplier. The liability of Adventure Feet First will not exceed that of any supplier. Local laws and regulations of the relevant country, state, county or governing entity will be relevant in assessing the performance of the services of any supplier. Neither Adventure Feet First nor any carrier is liable for independent contractors.
Adventure Feet First is very selective with the vendors and suppliers we recommend and book; however, we are not responsible for any cancellations made by the vendors or suppliers, or any fees, charges, or trip disruption fees that may occur due to these cancellations. This includes, but is not limited to, accommodation, transportation, activity or attraction cancellation, overbooking, or closure made by the vendor or supplier.
Adventure Feet First is not responsible for any improper or non-performance of any services forming part of the contract which are wholly attributable to the fault of the client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the contract; unusual and unforeseeable circumstances beyond the control of Adventure Feet First and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which Adventure Feet First and/or the relevant supplier could not even with all due care have foreseen or forestalled.
In the event that Adventure Feet First is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the contract then Adventure Feet First limits its liability.
Acceptance of Risk
The client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The client hereby assumes all such risk and does hereby release Adventure Feet First from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
The client and Adventure Feet First are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that may arise if the claim is taken to court may also be unavailable or may be limited in arbitration.
Any claim or controversy that arises out of or relates to this agreement or the alleged breach of it, and which cannot be settled by the parties will be settled by submission to a local chapter of the American Arbitration Association, or a similar body, for binding non-appealable arbitration in accordance with the current rules and procedures of such organization. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between the client and Adventure Feet First arising from or relating in any way to the client’s purchase of a service package through Adventure Feet First, will be resolved exclusively and finally by binding arbitration.
The aggrieved party shall bring all grievance to arbitration in Summit County, Colorado regardless of the residence or principal place of business of either party. The arbitration will be administered by a local chapter of the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrators will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for their own costs of suit and reasonable attorneys’ fees as set by the arbitrator.
The client agrees to an arbitration on an individual basis. In any dispute, neither the client or Adventure Feet First will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this agreement or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Successors and Assigns
These terms and conditions shall inure to the benefit of and be binding upon Adventure Feet First and the client and their respective heirs, legal personal representatives, successors and assigns.
Waiver of Terms and Conditions
These terms and conditions may only be waived or amended by written mutual consent. When a client completes payment for a service package provided by Adventure Feet First, they agree to accept all these conditions, and when the purchase is confirmed Adventure Feet First agrees to carry out the obligations as defined therein.
Updating of Terms and Conditions
Adventure Feet First reserves the right to update and/or alter these terms and conditions at any time, and it is the client’s responsibility to be familiar with them. The latest terms and conditions may be found on the Adventure Feet First website.
The unauthorized use of any images or content on adventurefeetfirst.com, or any other platform owned and operated by Adventure Feet First, or otherwise created and distributed by Adventure Feet First may not be used by third parties without written consent. Failure to obtain written consent or failure to comply with the written consent may result in legal action.
Adventure Feet First is operated under Feet First Media, LLC and is based in Colorado, USA. Our mailing address is: 265 Dillon Ridge Rd, Ste C402, Dillon, CO 80435. We can be reached by email at email@example.com and phone at 970-368-2574. We are not a travel agency, we are a travel consultant providing a service to travelers and therefore are subject to all regulations, fees, and restrictions of the vendors and suppliers we recommend and book.