By placing your deposit with PBK Productions LLC DBA Spark Expeditions, you
therefore agree to be bound by the below terms and conditions.
All trip (Namibia, Botswana, and Zambia Animals and Astrophotography) participants
must complete a Liability Release and Assumption of Risk Agreement and health form.
Strenuous trips require a physician’s release on the health form.
Your Responsibilities
Medical considerations: If you have any medical or psychological conditions, it’s very
important to let us know well before departure so that we can make extra arrangements
if necessary. Trip leaders have the right to disqualify anyone at any time during the trip if
they feel the trip member is mentally or physically incapable to continue and/or if a trip
member’s continued participation jeopardizes the group’s or her own safety. Under
these circumstances refunds are not given.
Be My Travel Muse LLC and PBK Productions LLC DBA Spark Expeditions are not
medical facilities and therefore have no responsibility regarding medical advice,
medications or inoculations that you or your doctor deem necessary for your safe
participation.
Hospital facilities for serious problems are often unavailable, and evacuation can be
prolonged, difficult and expensive. Be My Travel Muse LLC and PBK Productions LLC
DBA Spark Expeditions assumes no liability regarding provision of medical care. By
signing the Liability Release and Assumption of Risk Agreement, you agree to pay for
emergency evacuation and emergency medical care.
Your obligations as a trip member:
By participating in a Be My Travel Muse LLC and PBK Productions LLC DBA Spark
Expeditions trip, you assume certain obligations to Be My Travel Muse LLC and PBK
Productions LLC DBA Spark Expeditions and the other trip members. It is your
responsibility to:
● Understand the conditions implied in the description of your selected trip.
● Select a trip that is appropriate to your interests and abilities.
● Prepare for the trip by familiarizing yourself with the trip itinerary and trip
preparation materials sent by Be My Travel Muse LLC.
● Bring appropriate gear and clothing as advised by Be My Travel Muse LLC.
● Obtain all necessary visas.
● Follow considerate standards of personal hygiene in order to reduce risk of
contracting diseases.
● Follow considerate social behavior with other trip participants and respect their
habits.
● Act in an appropriate and courteous manner befitting the customs of countries you
visit.
● Complete the trip itinerary as scheduled (or as adjusted by your trip leader as
necessary).
● Respect the countries we visit by using environmentally safe products, staying on
established routes of travel and not littering.
● Be My Travel Muse LLC and PBK Productions LLC DBA Spark
Expeditions reserve the right to decline to accept or retain any person as a tour
participant should such person’s behavior, health or mental condition impede the
operation of the trip.
OUR LEGAL LIMITATIONS — PLEASE READ CAREFULLY
Be My Travel Muse LLC and PBK Productions LLC DBA Spark Expeditions may
contract with independent contractors to provide transportation, guide services and/or
all other related travel services. We assume no responsibility, however caused, for
injury, loss or damage to person or property in connection with any service provided by
an independent contractor or resulting directly from the following: – acts of God –
detention – annoyance – terrorism – thefts – pilferage – force majeure – civil
disturbances – government restrictions or regulations – strikes – delays and expenses
arising from quarantine – failure of any means of conveyance to arrive or depart as
scheduled – discrepancies or change in transit or hotel services over which we have no
control.
We reserve the right to make reasonable changes in the itinerary where deemed
advisable for the comfort and well-being of trip members. By advancing deposit to Be
My Travel Muse LLC, the depositor thereby agrees to be bound by the above terms and
conditions.
Cancellations
If you decide to cancel your trip, the following fees apply and are due to Be My Travel
Muse LLC and PBK Productions LLC DBA Spark Expeditions at the time (prior to
departure) we receive written notice of your cancellation. Some trips may have special
cancellation or transfer fees; if so, they will be listed on the Itinerary Details or
supporting trip documents.
Deposits are non-refundable.
If you cancel before the final payment is made, no additional fees are due.
If you cancel after the final payment is made, the refund schedule is as follows:
50% 90+ days before departure
25% 89-60 days before departure
No refunds will be made for cancellations within 60 days of departure.
Transferring trips
If you decide to transfer your reservation, Be My Travel Muse LLC and PBK Productions
LLC DBA Spark Expeditions may have the capacity to accommodate your desires when
(prior to departure) we receive written notice of your intention to transfer. Some trips
may have special cancellation or transfer fees; if so, we will discuss options with you. To
protect yourself, we recommend that you purchase trip cancellation insurance (see
below).
Travel insurance
Should you have to cancel your trip because of illness, injury or death to you or an
immediate family member, this insurance protects all your deposits and payments for
both air and trip costs. Be My Travel Muse LLC and PBK Productions LLC DBA Spark
Expeditions requires that you purchase this insurance at the time of sign-up to be
covered for pre-existing conditions (certain restrictions apply).
If we cancel a trip
Be My Travel Muse LLC and PBK Productions LLC DBA Spark Expeditions reserves
the right to cancel all or a portion of a trip for force majeure or any other circumstances
beyond our control and, in the event of such cancellation, full or partial refunds, if any,
will be at Be My Travel Muse LLC and PBK Productions LLC DBA Spark Expeditions’s
sole discretion. We also reserve the right to cancel any trip if sign-up is inadequate to
make the trip economically feasible for us to operate, and in this event, we give a full
refund of the trip price. However, Be My Travel Muse LLC and PBK Productions LLC
DBA Spark Expeditions are not responsible for additional expenses incurred by you in
preparing for the trip (e.g., non-refundable air tickets, visa fees if applicable, gear or
medical expenses).
Fewer than required number of participants
Each trip requires a minimum number of participants for departure. If we sign up enough
participants to run a trip but unexpected cancellations drop the number of participants
below the required minimum, we will run the trip at an additional charge of $500 per
person. If additional participants join and the required number of participants is
re-attained, the surcharge will be refunded.
Refunds
Be My Travel Muse LLC and PBK Productions LLC DBA Spark Expeditions do not give
any refunds for unused hotel rooms, meals, sightseeing trips or trek arrangements. Trip
price is quoted as a package; credits are not given for services not used.
All participants must sign the following Release of Liability, Assumption of Risk and
Indemnification Agreement. A copy of this form will be included in your confirmation
packet.
Release of Liability, Assumption of Risk and Indemnification Agreement
1. TRIP AND ASSOCIATED RISKS – I have chosen to participate in the above
referenced trip (hereinafter referred to as “the Trip”), which is organized by Be My Travel
Muse LLC and Spark Expeditions LLC (hereinafter referred to collectively as “Be My
Travel Muse LLC”). I understand that:
The Trip involves activities that are inherently hazardous, including those described in
the separate document for the Trip, “Activity Level and Risks & Hazards,” which has
been provided to me and which I am also signing and returning;
During the Trip, I may be exposed to dangers and hazards, including equipment failures
and negligence by others;
As a consequence of these risks, I may be seriously hurt or disabled or may die from
the resulting injuries, and that my property may also be damaged;
Hospital facilities, qualified medical care, and emergency medical evacuation may be
limited or unavailable during portions of the Trip and, where available, may be
expensive; and
Be My Travel Muse LLC and PBK Productions LLC DBA Spark Expeditions assumes no
responsibility for providing medical care during the Trip, and I will have to pay for any
medical care and/or evacuation that I incur. In consideration of the permission to
participate in the Trip, I agree to the terms contained in this document.
2. ASSUMPTION OF THE RISKS – I hereby freely assume the above mentioned risks
and any harm, injury or loss that may occur to me or my property as a result of my
participation in the Trip-including any risks caused by the negligence of Be My Travel
Muse LLC and PBK Productions LLC DBA Spark Expeditions, its employees and
officers, its contractors, and other trip participants.
3. WAIVER AND RELEASE OF LIABILITY I hereby WAIVE AND RELEASE ALL
LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS against Be My Travel
Muse LLC, its employees, officers, directors, vendors and contractors (“Released
Parties”), where such LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS
arise in any way from any injury, death, loss or harm (whether foreseen or unforeseen)
that occur to me or to any other person or to any property during the Trip or are in any
way related to the Trip. This release includes, but is not limited to, claims for the
negligence of the Released Parties and claims for strict liability for abnormally
dangerous activities. This release does not extend to claims for gross negligence,
intentional or reckless misconduct, or any other liabilities that District of Columbia law
does not permit to be released by agreement. I also agree NOT TO SUE or make a
claim against the Released Parties for death, injuries, loss, or harm that occur on the
Trip.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE I promise to INDEMNIFY,
WARRANT, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section
3) against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS
that arise from my acts or my failure to act (including my own negligence) during or
relating to the Trip. In accordance with this promise, I will reimburse the Released
Parties for any damages, reasonable settlements and defense costs, including
attorney’s fees, that they incur because of any such claims made against them. I agree
that in the event of my death or disability, the terms of this agreement, including the
indemnification obligation in this Section, will be binding on my estate, and my personal
representative, executor, administrator or guardian will be obligated to respect and
enforce them.
5. OTHER FORMS & TERMS – I have carefully read Be My Travel Muse LLC’s trip
itineraries, terms and conditions, and liability release, and have familiarized myself with
all of the information provided to me about the Trip and its challenges. I agree to all of
the conditions in the Itineraries- including the sections about my responsibilities and
about Be My Travel Muse LLC and PBK Productions LLC DBA Spark Expeditions’s
legal limitations. I acknowledge that Be My Travel Muse LLC and PBK Productions LLC
DBA Spark Expeditions have no control over and assumes no responsibility for the
actions of any independent contractors providing any services for the Trip.
6. SEVERABILITY – I agree that the purpose of this agreement is that it shall be an
enforceable release of liability and indemnity as broad and inclusive as is permitted by
Wyoming law. I agree that if any portion or provision of this agreement is found to be
invalid or unenforceable, then the remainder will continue in full force and effect. I also
agree that any invalid provision will be modified or partially enforced to the maximum
extent permitted by law to carry out the purpose of the agreement.
7. APPLICABLE LAW, FORUM & ATTORNEY’S FEES – This agreement is governed by
and shall be construed in accordance with the laws of the District of Columbia, without
any reference to its choice of law rules. I agree that any dispute arising from this
Agreement or in any way associated with the Trip shall be settled via binding arbitration
in the District of Columbia, and I agree to the jurisdiction and venue of those courts for
any such dispute.
I have fully informed myself of the contents of this agreement by reading it before
signing it. No oral representations, statements or other inducements to sign this release
have been made apart from what is contained in this document.
If participant is a minor, signature of parent or guardian is also required: In consideration
of my minor child’s being permitted to participate in the Trip, I accept and agree to the
full contents of this agreement. I understand that I am responsible for and I accept the
responsibility for the supervision throughout the duration of the Trip of any minor
traveling in my care. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND
DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that
arise in any way from any injury, death, loss or harm that occurs to my minor child
during the Trip or in any way related to the Trip. This includes any claim of the minor
and any claim arising from the negligence of the Released Parties. I understand that
nothing in this agreement is intended to release claims for gross negligence, intentional
or reckless misconduct, or any other liabilities that District of Columbia law does not
permit to be excluded by agreement.