Guest Participation Agreement

Please review the participation agreement language to the right and submit this form acknowledging your understanding of the following participation requirements of Holiday Vacations. In order to participate in any Holiday Vacations tour, a completed form must be submitted prior to a tour's final payment date.

I have chosen to participate in one or more guided tours offered by Holiday Vacations, LLC doing business as Holiday Vacations (“HV”) scheduled to depart in 2024 and/or 2025 (the “Tours”). In consideration for the right to participate in the Tours, I agree as follows:

Statement of understanding.

Although HV has made reasonable efforts to protect my safety while participating in the Tours and activities offered as a part of the Tours, I understand that there are certain risks, dangers, and hazards that are inherent to participation in the Tours. These include, but are not limited to, physical and mental fatigue; slips, falls, and collisions; altitude related illness; changing weather conditions; natural disasters; criminal acts of third parties; acts or omissions of the public or other Tour participants; accidents occurring during travel associated with the Tours; and in the current state of the world, possible exposure to the COVID-19 virus. Encountering these risks, dangers, and hazards could result in physical injuries or illness or damage to personal property. I understand that it is impossible for HV to list in this Agreement every inherent risk, danger, or hazard associated with participating in the Tours. I understand and appreciate, however, that I may encounter these and other inherent risks, dangers, and hazards not specifically listed in this Agreement at any time during the Tours.

Assumption of the risk.

I accept and assume all of the inherent risks, dangers, and hazards associated with participating in the Tours, whether known or unknown, including those specifically identified above.

Responsibility for conduct.

I accept and assume responsibility for injuries and damages caused to myself and others arising from my own conduct while participating in the Tours. I understand that HV accepts and assumes responsibility for its own negligent or reckless conduct, but that with respect to the COVID-19 pandemic HV only accepts and assumes responsibility for its gross negligence or reckless conduct, not negligence. Also, I agree HV is not responsible for the conduct of third parties, such as providers of transportation, food, beverage or lodging. I release HV from liabilities not expressly assumed in this paragraph. Nothing in this Agreement shall be interpreted as my releasing HV from liability for injuries, damage, death, or other loss to me or others that may occur within the jurisdiction of the National Park Service and is caused by HV’s negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to HV’s judgments and decisions.

Fitness to participate.

HV recommends that I consult with a physician before participating in the Tours. It is my own responsibility to determine whether a Tour is suitable for me. HV also strongly recommends I verify that my medical insurance will be honored in the countries in which I will travel for the Tours.

Additional terms.

Additional terms and conditions apply to the Tours. These are available for review at holidayvacations.com/general-information/ and are incorporated into this Agreement by this reference. I understand HV may update these terms and conditions from time to time to reflect changing requirements related to the COVID-19 pandemic and for other reasons.

Tour changes.

HV strives to maintain the Tours as originally advertised. On occasion, conditions beyond the control of HV may necessitate changes, modifications, or alterations to the Tours’ itinerary; the substitution of accommodations; or the omission or substitution of specific advertised activities. HV may make such decisions in its sole discretion and is not responsible or liable for any expenses or losses that may result from those decisions. HV additionally reserves the right to restrict participation in the Tours or any activity associated with the Tours in the event it determines that participation may affect, impede, or endanger my welfare, or the welfare or enjoyment of another participant. HV is not responsible for any losses or costs that may result from exercising this right.

Governing law and forum selection.

This Agreement is governed in all respects by the laws of the State of Colorado, which is the state in which HV’s parent companies are headquartered. Any claim or dispute related to the subject matter of this Agreement must be resolved exclusively by a state or federal court located in the State of Colorado.

Agreement duration.

This Agreement applies to all Tours that I choose to participate in that depart during 2023, 2024 and/or 2025.