MOMENT TRAVEL: TERMS OF SERVICE

BY ACCESSING OR USING THE MOMENT TRAVEL (“Moment”) WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS OF USE (“TERMS”) AND ANY OTHER PROVISIONS INCORPORATED BY REFERENCE HEREIN. PLEASE READ THESE TERMS CAREFULLY. DO NOT USE OUR WEBSITE, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms apply to your access to and use of this website, mobile application and online services of Moment. These Terms do not alter, in any way, the terms or conditions of any other agreement or relationship you have with Moment for services or otherwise.

Moment reserves the right, in its sole discretion, to make changes to our site, policies, and these Terms at any time. We encourage you to frequently review the Terms to ensure you understand and/or that you are aware of any changes to these Terms.

  1. Website Use. You agree that you will comply with all laws and that you will not violate any law or intellectual property rights of any third party. By accessing and using this website, you acknowledge and agree that you are solely responsible for your actions while using this website and that you will not act in any manner that could damage or disable this website including, but not limited to, introducing any viruses, malware, corrupt data or other harmful, disruptive or destructive file or code. Pursuant to the Digital Millennium Copyright Act and other applicable laws, Moment enforces a policy of terminating, in Moment’s sole discretion, account holders who violate any, or who are deemed to be repeat infringers of, corresponding laws and regulations.

  2. Payment. Payment must be made by way of credit card through Moment’s website located at https://shopmoment.com. You are responsible for maintaining the confidentiality of your account and password and for controlling access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To secure a booking for a group experience, Moment requires that you pay the amount set forth in the order form, depending on which payment option you’ve chosen. If you choose to pay in full, the full amount is due at booking. For payment plans, the total cost will be split into monthly installments, payable on the same date each month, with the final payment occurring no less than 30 days before departure. Payment for the experience must be made in full and received by Moment at least thirty (30) days before the departure date, or in full upon your reservation if you reserve the experience within sixty (60) days of the departure date*. If complete payment is not made within thirty (30) days before experience departure, we will treat the booking as canceled by you, we will release your reservation, and will retain your a portion or all of your prior payments, as outlined in section 4. *Due to their unique nature, specific experiences may have alternative payment schedules. Details can be found on each experience page.


  3. Itinerary. All published information is accurate to the best of our knowledge at the time of posting to this website. NOTE: changes to our experience details (which can be significant) can and do occur. Moment will make every effort to keep booked participants informed of any changes but cannot be held liable for any alterations made to the published details. Please refer to this website for the most recent update to any experience.

  4. Experience Cancellation. We reserve the right to cancel any experience, at any time, prior to the scheduled commencement date for any reason whatsoever, including without limitation, insufficient participation, local weather conditions or logistical problems that, in our sole judgment, may impede experience operations. In the event we cancel your experience for any reason whatsoever other than a force majeure event, your sole and exclusive remedy shall be the refund of all payments we received from you as of the date of cancellation. Moment’s payment of the refund shall release us from any and all other or further liability in any way related to such cancellation. We may make payments to our suppliers (hotels, transportation companies, etc.) far in advance of the scheduled experience commencement date. Accordingly, if an experience is cancelled due to a force majeure event (e.g. acts of God, war, labor strikes, earthquake, flooding or any other cause beyond our control), we will undertake commercially reasonable efforts to promptly refund the portion of any amounts paid by you that have, in turn, not already been advanced to suppliers. In addition, we will use commercially reasonable efforts to recover and refund to you the balance of your payment amounts that were advanced to suppliers, less our expenses, if any, of such recovery, as promptly as possible. However, we do not guarantee you recovery of any portion of advance payments made to our suppliers. We are not responsible for, and you hereby release and forever discharge us from, any expense or cost incurred by you in preparing for or arising or resulting from a cancelled experience. If you cancel your experience, we will refund your payments as follows*: (a) cancellation 90 days or more prior to experience commencement date – 100% of your payment, less a 6% transaction fee, will be refunded; (b) cancellation between 60 - 89 days prior to experience commencement date - 50% of your payment will be refunded; (c) cancellation between 30 - 59 days prior to experience commencement date - 25% of your payment will be refunded; or (d) cancellation less than 30 days prior to the commencement date, or during experience – no refund will be made. *In addition to the cancellation terms outlined above, supplementary conditions may apply to specific experiences. Details can be found on each experience page.
  5. Insurance. We recommend that you purchase, at your expense, travel insurance that covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you for any experience requiring travel.

  6. Passports; Visas. You are responsible for being in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of those experiences requiring travel.

  7. Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Moment from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this website; (b) any content you post, upload, use, distribute, store or otherwise transmit on or through this website; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify Moment of any third party claims arising from your use of this website.

  8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER SUCH ACTION IS BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS OR USE OF THIS WEBSITE.
  9. Disclaimer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE TRANSPORTATION, HOTEL AND OTHER ACCOMMODATIONS, FOOD, GROUND HANDLING AND OTHER SERVICES (TOGETHER “VENDOR SERVICES”) ARE PURCHASED FROM VARIOUS THIRD-PARTY VENDORS AND SUPPLIERS, ALL OF WHOM ARE INDEPENDENT CONTRACTORS AND OVER WHOM WE HAVE NO CONTROL OR AUTHORITY. THE VENDOR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY US. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MOMENT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EXPERIENCE, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  10. Release. You will be required to sign our standard Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement ("Release Agreement") prior to the commencement of your experience. A copy of the Release Agreements is available at https://www.shopmoment.com/moment-travel-terms-conditions.

  11. Privacy. All information provided by you is subject to Moment privacy policy found at https://www.shopmoment.com/privacy-policy. If you have any questions or concerns regarding your privacy, please contact us.

  12. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. Venue for any and all actions shall be in the state or federal courts located in King County, Washington U.S.A. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence.

  13. Severability. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

  14. Waiver. The waiver of one breach or default under these Terms will not constitute the waiver of any subsequent breach or default. Any and all waivers must be in writing and expressly agreed to by Moment.

  15. Eligibility. This website is not targeted towards, nor intended for use by, anyone under the age of 13. By using this website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on this website. In addition, you may not participate in an experience unless you are at least 21 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from this website; (b) do not have more than one website account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.


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Everyone traveling on a Moment Trip is required to sign the following release. This is a template and will be adjusted to the trip that you select.


MOMENT TRAVEL RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNIFICATION AGREEMENT

In consideration for my participating in this Trip, I agree to the following Trip terms and conditions of this Release of Liability, Assumption of Risk and Indemnification Agreement (“Release”).

1.
Trip Risks. I have chosen to participate in the following trip, specifically, ______________________________________________ (“Trip”) that is arranged by Moment Travel, LLC (“Moment Travel”). In conjunction with this Trip, I understand that:

  • the Trip has certain aspects that are hazardous, and I may be exposed to dangers and hazards, including, but not limited to: falls, falling rocks, fractures, concussions, inclement weather, overexertion, injuries from my lack of fitness, unpredictable ocean or river currents, hypothermia, hostile wildlife, equipment failures, actions or inactions of others, drowning and death (“Risks”);
  • as a consequence of these Risks, my personal property could be damaged and/or I could be seriously hurt, disabled and I could die from the resulting injuries;
  • hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during the Trip and I accept full responsibility for expenses I incur for medical treatment or evacuation. I understand and agree that Moment Travel assumes no responsibility for my medical care during the Trip.

2. Assumption of Risks. I voluntarily assume the Risks listed above (including other risks not listed) that are part of this Trip, and any harm, injury or loss that may occur to me or my property while participating in the Trip or during any transportation to or from the Trip including any injury or loss caused by the negligence of Moment Travel, its employees, agents and other Trip participants. I also understand that any equipment I provide or that I may borrow/rent from Moment Travel (or any other provider) I use at my own risk and that all such equipment is provided without any warranty regarding its condition or suitability.

3. Release of Liability. I hereby release Moment Travel, its officers, employees, agents, contractors, subcontractors, and the providers of any equipment used in the Trip (collectively, “Released Parties”) from all liabilities, causes of action, claims or demands resulting in any way from any injury, death, loss or harm that occurs to me or to any other person or to any property during the Trip or in any way related to the Trip, including during transportation to or from the Trip. This Release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. I also agree not to sue or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Trip or are related in any way to the Trip.

4. Indemnification and Hold Harmless. I promise to defend, indemnify and hold harmless the Released Parties against any and all claims to which Section 3 of this Release applies, including claims for the negligence of the Released Parties. I also promise to defend, indemnify and hold harmless the Released Parties against any and all claims for my own negligence, and all other claims arising from my actions or inactions during the Trip. In accordance with these promises, 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 Release, including the indemnification obligation in this Section 4, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and comply with them.

5. Instructions. I will follow all Trip rules and instructions given to me by the Trip leader(s).

6. Independent Contractor. I acknowledge that Moment Travel has no control over and is not responsible for the actions of any guides and/or independent contractors providing services for this Trip.

7. Photo Release. I understand that during the Trip I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness. Furthermore, I grant to Moment Travel and its assigns permission to copyright, use, and publish (by any medium) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. In addition, I understand that if I provide Moment Travel any photographs, copy and other content generated during the Trip, (“Content”). I hereby grant to Moment Travel, and its affiliates, and their respective successors and assigns, a non-exclusive, worldwide, perpetual right and license to reproduce, incorporate, and distribute the Content in any form of media, worldwide, to market the future offerings of the Trip. Except the license set forth above, as between Moment Travel and me, I will own all other rights in the Content.

8. Moment Travel Terms of Service. I acknowledge that I have read and understand Moment Travel’s current Terms of Service located at https://www.shopmoment.com/moment-travel-terms-conditions, including, without limitation, the terms relating to cancellations, indemnification, and limitations on liability.

9. Severability. I agree that if any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision may be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Release.

10. Governing Law; Attorneys’ Fees. This Release is governed by and shall be construed in accordance with the laws of the state of Washington, U.S.A., without any reference to its choice of law rules. Venue for any and all actions shall be in the state or federal courts located in King County, Seattle, Washington, U.S.A. In any effort to enforce the terms and conditions of this Release, I agree that the non-prevailing party will pay all attorney’s fees and expenses of the parties seeking to enforce this Release.

I HAVE FULLY INFORMED MYSELF OF THE SCOPE AND CONTENT OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF THIS RELEASE. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED HEREIN. I UNDERSTAND THIS IS A BINDING CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT VOLUNTARILY.

Moment Travel, LLC
55 S Atlantic St
Seattle, WA 98134

Updated 11/19/2019