Liability waiver.

1. Assumption of Risk

I understand that traveling to, from, and during an Ecotone Journeys birding or nature tour involves inherent risks that cannot be eliminated regardless of the care taken. These risks include, without limitation: personal injury, illness, or death; damage, loss, or theft of property; exposure to weather, terrain, insects, and wildlife; travel by foot, vehicle, boat, or other conveyance over remote or uneven ground; and the absence, delay, or limited availability of emergency medical care or evacuation in remote locations. I understand that Ecotone Journeys' tour organizers and employees may also be negligent in planning, organizing, or conducting an activity, and that such ordinary negligence is among the risks described in this section. Having considered these risks, I voluntarily choose to participate and I voluntarily assume all risks of the ordinary negligence of Ecotone Journeys (as defined in Section 5) associated with my participation, in exchange for being permitted to take part in the tour.

2. Travel Protection & Insurance

Ecotone Journeys strongly recommends that every traveler purchase travel protection / trip insurance covering trip cancellation, interruption, medical expenses, evacuation, and baggage loss. This coverage is not required to join a tour, but given the remote nature of many itineraries, it is the best protection against unexpected costs from illness, injury, evacuation, or a trip that must be cut short or canceled. Ecotone Journeys is happy to suggest a reputable travel insurance agency; you will find everything you need to know in this article: Travel Insurance Timing For Birders.

Please note Ecotone Journeys' cancellation policy: if you need to cancel your trip within four (4) months of the tour's start date, Ecotone Journeys is unable to issue a refund for any payments made toward that trip, regardless of the reason for cancellation. In addition, Ecotone Journeys cannot refund any pre-payment made on your behalf to third-party suppliers (such as lodges, airlines, permits, or ground operators) at any time, regardless of when the cancellation occurs. Travel insurance is the primary way to protect yourself against this financial risk.

Please indicate your choice below by selecting the option that applies.

3. Terms, Conditions & Disclosures Received

Ecotone Journeys' Cancellation & Refund Policy applies to this trip. I have had the opportunity to review it and ask questions about it before signing this waiver, and I understand that the refund limits summarized in Section 2 apply.

The full itinerary disclosure for this trip, including planned activities, pace, elevation, and any special conditions, is published on the Ecotone Journeys website. I have had the opportunity to review it and ask questions about it before signing this waiver.

4. Tour Organizer & Local Guides

I understand that on international tours, an Ecotone Journeys tour organizer accompanies the group as the escort and representative of Ecotone Journeys, in an organizing, coordinating, and safety-oversight capacity. I understand that the tour organizer does not serve as the group's bird, wildlife, or natural history guide on international tours.

I understand that all technical guiding on international tours, including bird and wildlife identification, natural history interpretation, route-finding, and other destination-specific expertise, is provided by local guides and drivers, licensed where local law requires, whom Ecotone Journeys engages directly or through local ground operators as independent contractors ("Local Guides"). I understand that Local Guides are not owners, tour organizers, employees, volunteers, or agents of Ecotone Journeys, and that they are not included in the term "Ecotone Journeys" as defined in Section 5. I understand that Local Guides are responsible for the accuracy of the information and expertise they share with the group.

I understand that the tour organizer helps coordinate the overall flow and logistics of the tour, including with the Local Guides, but does not direct, control, or take responsibility for the technical content provided by Local Guides. As stated in Section 5, Ecotone Journeys is not liable for the acts, omissions, or service failures of Local Guides or other independent third-party suppliers.

I understand that this section, like the rest of this waiver, is covered by my signature in Section 11.

5. Waiver and Release of Liability (Ordinary Negligence Only)

In exchange for being allowed to participate in this tour, I release and forever discharge Ecotone Journeys, together with its owners, tour organizers, employees, volunteers, and agents (collectively, "Ecotone Journeys"), from any and all claims, demands, and causes of action arising out of or connected with my participation, including claims based on the ordinary negligence of Ecotone Journeys. I make this release on behalf of myself and my heirs, executors, administrators, and assigns, and I agree not to sue Ecotone Journeys for any such claim of ordinary negligence. As used in this waiver, "Ecotone Journeys" does not include Local Guides or other independent third-party suppliers described in Sections 4 and 5.

I understand that Ecotone Journeys works with independent third-party suppliers, such as lodges, airlines, transport providers, local ground operators, and Local Guides, to operate this tour, and that the suppliers used are subject to change. Ecotone Journeys does not own or control these suppliers and is not liable for their acts, omissions, or service failures.

This release does not apply to claims arising from gross negligence, recklessness, or intentional or willful misconduct, and Ecotone Journeys remains fully responsible for those claims. Nothing in this waiver limits any right or remedy that cannot lawfully be waived under Oregon law.

6. Indemnification

To the extent permitted by Oregon law, I agree to indemnify and hold harmless Ecotone Journeys from any claim or liability, including reasonable attorney fees, brought by a third party arising out of my own acts or omissions during the tour, except to the extent that claim arises from the gross negligence, recklessness, or intentional misconduct of Ecotone Journeys.

7. Medical Care & Authorization

I understand Ecotone Journeys does not provide health, medical, evacuation, or disability insurance for participants. If I become injured, ill, or incapacitated during a tour and am unable to communicate my own wishes, I authorize Ecotone Journeys' tour organizers and employees to act on my behalf: to arrange or administer first aid, to obtain emergency medical treatment from a physician, hospital, or other provider they deem appropriate, and to authorize emergency evacuation if warranted by the circumstances. If no tour organizer is present with me, I give the same authorization to the Local Guides accompanying me; this authorization does not make the Local Guides employees or agents of Ecotone Journeys. This authorization applies regardless of whether I am conscious or able to give contemporaneous consent, and it remains in effect until I am able to make my own medical decisions or a family member, guardian, or medical power of attorney assumes that responsibility. I agree that I am financially responsible for the cost of any medical care, evacuation, or transport provided under this authorization.

8. Code of Conduct

I agree to conduct myself in a manner that supports the safety of the group and the well-being of the places and wildlife we visit. Specifically, I agree to the following:

Safety and behavior: I will follow the reasonable instructions of Ecotone Journeys' tour organizers and employees, and of the Local Guides, at all times. For the safety and enjoyment of the group, I understand that it is generally considerate and respectful to remain behind the Local Guide who is leading at the front. I will not consume alcohol to a degree that impairs my judgment or ability to safely participate, and I will not possess or use illegal drugs or controlled substances while on tour. I understand that Ecotone Journeys may remove me from a tour, at my own expense and without refund, if my conduct endangers me, other participants, Ecotone Journeys' tour organizers or employees, Local Guides, or wildlife.

Respect for wildlife and habitat: I will treat wildlife and natural habitats with respect at all times. I will maintain a safe and appropriate distance from wildlife, avoid actions that alter animal behavior or cause stress (including playback overuse, crowding, or chasing), stay on designated trails or routes as directed by the Local Guide (or by the tour organizer for safety reasons), and leave natural and cultural sites undisturbed.

No wildlife product purchases: I will not purchase, trade, or acquire wildlife products, including items made from feathers, bone, ivory, shell, coral, skin, or other animal parts, whether or not those items appear to be legally sold locally.

9. Travel Documents

For international tours, I understand that I am solely responsible for obtaining and carrying a valid passport, any required visas, and any other entry or health documentation required for the countries visited on this tour. I understand that Ecotone Journeys is not responsible for delays, denied entry, or missed travel resulting from my failure to have proper documentation, and that any resulting costs are my own responsibility.

10. Governing Law, Jurisdiction & Severability

This waiver and release is governed by the laws of the State of Oregon, without regard to its conflict-of-law rules. I agree that any dispute arising from this waiver or my participation in the tour will be brought exclusively in the state or federal courts located in Oregon, and I consent to the personal jurisdiction of those courts. If any provision of this waiver is found unenforceable, the remaining provisions will continue in full force and effect.

This waiver, together with Ecotone Journeys' Cancellation & Refund Policy and the itinerary disclosure published on the Ecotone Journeys website for this trip, makes up the entire agreement between me and Ecotone Journeys regarding these terms, and supersedes any prior or contemporaneous oral representations on these subjects. This waiver binds my heirs, executors, administrators, and assigns, and it remains in effect for this tour and, unless revoked in a signed writing delivered to Ecotone Journeys, for any future international Ecotone Journeys tour in which I participate. If I later sign a newer version of this waiver, that newer version supersedes this one for every tour that begins after I sign it. Any Ecotone Journeys tour within the United States is governed by the separate waiver signed for that tour.

11. Final Acknowledgment

I have read this entire waiver and release, I understand and agree to all of its terms and release conditions, and I am signing it freely and voluntarily. I understand that by signing it I am giving up certain legal rights, including the right to sue Ecotone Journeys for ordinary negligence. I understand this waiver does not give up my right to bring a claim for gross negligence, recklessness, or intentional misconduct.