Unsettled - Terms and conditions

UNSETTLED INC.

PARTICIPANT TERMS AND CONDITIONS

IMPORTANT NOTICE TO PARTICIPANTS:

THESE TERMS AND CONDITIONS CONSTITUTE A PART OF YOUR CONTRACT WITH UNSETTLED AND, UPON ACCEPTANCE OF YOUR APPLICATION, GOVERN YOUR UNSETTLED TRIP AND PARTICIPATION IN THE UNSETTLED PROGRAM WHICH YOU ARE INVITED TO JOIN AND CONSTITUTE A BINDING CONTRACT AND TERMS AND CONDITIONS GOVERNING YOUR RIGHTS AND THE RELATIONSHIP BETWEEN YOU AND UNSETTLED.

UNSETTLED MAKES NO VERBAL OR WRITTEN REPRESENTATION, WARRANTY OR AGREEMENTS WITH RESPECT TO ANY UNSETTLED TRIP OR PARTICIPATION AND UNSETTLED’S RESPONSIBILITIES AND LIABILITIES ARE EXPRESSLY LIMITED AS PROVIDED IN THESE TERMS AND CONDITIONS.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING YOUR INVITATION TO BE A PARTICIPANT IN UNSETTLED. YOUR ATTENTION IS ESPECIALLY DIRECTED TO THE PROVISIONS OF THESE TERMS AND CONDITIONS LIMITING UNSETTLED’S RESPONSIBILITIES AND LIABILITIES FOR YOUR DEATH, ILLNESS OR INJURY, AS WELL AS DAMAGES, CLAIMS RELATED TO CARRIERS, HOUSING, CANCELLATIONS, CHANGES, BAGGAGE AND PERSONAL PROPERTY AND YOUR RIGHTS TO SUE OR ARBITRATE AS WELL AS PENALTIES PAYABLE BY YOU IN THE EVENT YOU CANCEL YOUR RESERVATION OR LEAVE A TRIP EARLY REGARDLESS OF CAUSE OR WHETHER IT IS VOLUNTARY OR YOU ARE EXPELLED.

BY ACCEPTING YOUR INVITATION TO PARTICIPATE IN UNSETTLED, YOU CERTIFY THAT YOU ARE AN ADULT WITH FULL AUTHORITY TO ENTER INTO THIS CONTRACT WITH UNSETTLED AND THAT YOU HAVE READ AND UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS AS AN INTEGRAL PART OF YOUR AGREEMENT AND CONTRACT WITH UNSETTLED. YOU ALSO AGREE TO THE UNSETTLED WAIVER AND RELEASE OF LIABILITY FOUND HERE.

RESPONSIBILITY

UNSETTLED is a program for remote workers as outlined on its website (www.beunsettled.co ) in such capacity, we organize and negotiate UNSETTLED trip arrangements that are provided by independent third-party providers.  All services provided in connection with, before, during or after a trip, including but not limited to housing and transportation are provided, owned and operated by independent third-party providers, whose employees, facilities, vehicles or vessels, products and services are not subject to UNSETTLED’s supervision or control and UNSETTLED is not their agent or responsible for their actions or inaction. In such capacity, UNSETTLED acts only as an arranger for any transportation carrier, hotel, hostel, apartment, ground operator, or other suppliers of services connected with specific UNSETTLEDs programs (“other providers”), and the other providers are solely responsible and liable for providing their respective products, provisions and services.

The responsibility of UNSETTLED in connection with your trip or program is strictly limited.  UNSETTLED makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, tours, services, products or facilities provided by other providers.  We are not liable for any claim for loss, damage, injury death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any other provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party.  You assume the risk of UNSETTLED’s negligence.

We will not be liable to you in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages.

In connection with your trip, UNSETTLED shall not be liable to any participant for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.

UNSETTLED programs travel to a large number of countries around the world.  You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time.  Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States or your home country. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers.  We strongly recommend you obtain and consider such information when making travel decisions.  We assume no responsibility for gathering such information or providing it to you.

During your program, the availability of medical care may be limited or delayed.  You acknowledge that all or part of your trip or program may be in areas where medical care and evacuation may not be available.  You agree to indemnify and reimburse UNSETTLED in the event UNSETTLED elects to advance the cost of emergency medical care, including medical care provided as well as transportation and/or lodging in connection therewith.

For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your trip or program.

UNSETTLED INC., its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, assigns (collectively “UNSETTLED”) and its designated travel program team members shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a travel program, whether or not occasioned directly or indirectly by an act or omission of UNSETTLED or any other provider, including but not limited to any latent or undisclosed defect in any aircraft, watercraft, vehicle, hotel, hostel, apartment or other service or property operated or provided by any other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the other providers, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against UNSETTLED and/or its designated travel program team members for any such loss, damage, injury, or death.

ELIGIBILITY

UNSETTLED reserves the right in their sole discretion to accept, decline to accept, or remove any participant on a UNSETTLED travel program at any time during the program period. UNSETTLED and the travel program team members reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.

Health: By registering for an UNSETTLED trip, the participant certifies that he/she/they does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants. The participant certifies that he/she/they does not have any addictions or drug, substance, or alcohol abuse that will create a hazard for him/herself or other participants.

Visas:  UNSETTLED does not provide guidance on visa processes. The responsibility will ultimately be the participants’ to ensure they have the necessary visas to travel.

Background check: UNSETTLED reserves the right to do a background check for any legal or other reasons why that person should not be permitted to join the UNSETTLED travel program.

TERMS AND CONDITIONS

Included in Cost:  Limited only to:  Accommodations (where indicated), common workspace (where indicated), and ground transportation in line with the UNSETTLED itinerary, including associated transportation to and from airports (where indicated); common workspace; and miscellaneous activities and events, from time to time during the travel program.

Not Included: Passport, visa, and permit expenses; medical expenses and immunizations; transportation to initial destination and from final destination; personal expenses such as meals, laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.

Payments, Cancellations, and Refunds For Travel Experiences: As soon as you pay your deposit or any first payment, your spot for the trip is secured. This deposit or first payment remains refundable for 10 days following your payment, unless you are within 45 days of the start date, subject to a $100 administrative fee. Should you need to transfer your payment, you can do so up to 45 days before the start date of your trip, also incurring a $100 administrative fee. Please note that neither refunds nor transfers are available if there are fewer than 45 days remaining before your trip's start date. Additionally, all participants are required to obtain travel insurance. This insurance must cover trip cancellation or interruption, including cancellations made by you, as well as provide for emergency evacuation and international health insurance coverage throughout the duration of your travel with Unsettled.

End of Year 2023 Sale: Full payment is due at the time of purchase. There are no deposits or payment plans available. This deal cannot be combined with any other credits, discounts, voucher codes, deals, etc. There are no refunds or cash value of any kind. You cannot transfer your credit, payment, or discount to another person. If you cancel your trip 60 days before its start date, you must do so in writing and select the trip you are transferring to. If you inform Unsettled in writing of your transfer and the trip you are selecting to transfer to, 60 days before the start date of your trip, then will receive a one-time credit of the amount you paid minus a $250 administration fee. If you do not inform Unsettled of the trip you are transferring to, you will forfeit the credit. You cannot transfer your credit a second time.  You are responsible for paying any difference between your credit and the cost of your new trip.

Travel refunds: There are no refunds or transfers within 45 days or during an UNSETTLED program for any reason. During the program, no costs will be reimbursed. Arriving late or leaving an experience in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an expedition. A participant may leave or be removed from UNSETTLED for any emergency or non-emergency reason. A participant can be removed from the program for non-payment at any time. A participant can be removed from the program if they are deemed a hazard, threat, or harmful or potentially harmful to the psychological or physical safety of participants or our team members. A participant can be removed from the program if their actions or inactions make it difficult to run the UNSETTLED program, per the opinion of the UNSETTLED team. 

Neither UNSETTLED, nor its designated team members, shall be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s UNSETTLED departure city. Baggage and personal effects are at all times the sole responsibility of the participant. Neither UNSETTLED, nor its designated team members, shall be liable for any delays, costs, or omissions due to boarder crossings, visas, passports, or country specific entry requirements or decisions made at the time the participant enters into a country’s border before, during, or after any UNSETTLED program or activity. Neither UNSETTLED, nor its designated team members, shall be liable for any affects of a natural disaster, terrorism, family emergency, illness, injury, or death of a participant that does not allow them to travel to or participate in our program/destination. 

UNSETTLED reserves the right to cancel any potential travel program because of inadequate enrollment or any other reason that makes the program economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If a program is canceled prior to departure, UNSETTLED will provide participants with a full refund of monies paid to UNSETTLED; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the program as planned, in which case UNSETTLED will provide participants with a credit toward a future UNSETTLED experience equivalent to monies paid to the tour operator. If UNSETTLED cancels a program in progress, participants will receive a prorated refund based on the number of days not completed on the program. Except as outlined above when UNSETTLED cancels a program, UNSETTLED has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled program or for any additional arrangements should participants embark prior to the scheduled group departure date.

Damage to property

You are financially responsible for any property you or your guests damage or break during the UNSETTLED program, on a property we use or the property of another participant during the program.

Employment: UNSETTLED is not responsible for any job placement of the participants. In the event that a participant loses his or her job during the program, he or she will be responsible for finding a new job and continuing to pay the monthly fees on time. In addition, to preserve the customer-service provider relationship, UNSETTLED does not employ or contract with participants during the course of their designated UNSETTLED program.

Itinerary Changes: The itineraries and travel program team members presented on the website are subject to modification and change by UNSETTLED. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.

Documentation: Participants are responsible for obtaining any documents required for their participation in the expedition such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.

Health Requirements: Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. UNSETTLED encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain programs may require that the participant obtain medical consent prior to departure as a condition of participation.

Medical Authorization and Travel Coverage: In the event participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the trip who can direct participant’s care, and UNSETTLED is unable or does not have time to contact participant’s emergency contact, the participant, by registering and paying a down payment for an UNSETTLED trip, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed medical professional deemed competent to render the necessary care. In addition, by applying each participant certifies that he or she has medical and/or travel insurance which will cover trip interruption, trip cancelation, personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical and/or travel insurance coverage, the participant agrees to pay all costs of trip interruption, cancelation, rescue and/or medical services as may be incurred on the participant’s behalf.

UNSETTLED has the right to contact your stated emergency contact for any reason related to your health or safety.

Illegal Activity: All participants are expected to abide by the laws in each country visited. If a participant at any point during the program performs any illegal activity, UNSETTLED is not responsible for legal ramifications of that action.

RIGHT TO EXPEL PARTICIPANTS:

We reserve the right to expel any participant from a trip or remove a participant from a vessel, vehicle or housing for any reason, including, but not limited to, lack of payment or if we deem this necessary for the comfort, convenience or safety of the other participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other participants, if we reasonably determine your condition would adversely affect your health, safety or enjoyment of that of other participants, or if we determine you have engaged in illegal actions. If we remove you from a trip in progress or remove you from a vessel, vehicle or housing, you will not be entitled to any refund, payment, compensation, or credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you will be responsible for the cancellation fee and your travel costs to return home.

YOUR AGREEMENT

By joining any Unsettled retreat, you agree to honor and uphold these fundamental principles: 
Respect for All: You pledge to respect fellow participants, regardless of their race, ethnicity, beliefs, sexual orientation, gender identity, or any other aspect of their identity. Unsettled is a space where diversity is celebrated, and every individual's story is valued.
Zero Tolerance for Discrimination: There is no room for discrimination, sexism, racism, or any form of prejudice on our retreats. This includes both explicit actions and microaggressions. We strive for an environment where everyone feels safe and valued.
Consequences for Violations: Unsettled reserves the right to remove any participant from the retreat at any point, without a refund, should they breach this Values Agreement. This is a firm policy, essential for maintaining the integrity of our community and the safety of all participants.
By agreeing to these terms, you are joining us in creating an unforgettable experience that is as respectful and inclusive as it is adventurous and inspiring. Welcome to our community, where every journey enriches not just our travel diaries, but also our understanding and appreciation of the diverse world we share.

PHOTOGRAPHS AND VIDEO: We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

TIME LIMITATION; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER:

a) Time Limits for Legal Action: Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with a trip or program or against UNSETTLED must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.

b) Agreement to Arbitrate; Forum: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your trip or against UNSETTLED, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the American Arbitration Association (“AAA”) using one mutually selected arbitrator according to the then existing rules of the AAA. The arbitration shall be held in the state of Delaware, to the exclusion of any other forum, and you consent to jurisdiction and waive any objections to arbitration proceeding in Delaware. You agree that the costs of the arbitration shall be split between the parties The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionable, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these terms and conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Delaware. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of subsection (c) below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

You and we further agree to permit the taking of a deposition under oath of the passenger asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.

c) FORUM FOR ALL OTHER CLAIMS: ANY AND ALL CLAIMS OR DISPUTES RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR YOUR TRIP OR PROGRAM AGAINST UNSETTLED AND NOT SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE COURTS OF THE STATE OF DELAWARE, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE AND COUNTRY. ANY AND ALL CLAIMS OR DISPUTES RELATING TO, ARISING OUT OF OR CONNECTED WITH YOUR TRIP OR PROGRAM AGAINST ANOTHER PROVIDER OR A NON-AFFILIATED THIRD PARTY SHALL BE BROUGHT, IF AT ALL, WHEREVER SUCH ENTITIES MAY BE PROPERLY SUBJECT TO JURISDICTION.

d) Choice of Law: Any claim or dispute relating to, arising out of or connected with your trip and provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of the United States, and if not inconsistent, the laws of the State of Illinois without regard to conflicts of law principles.

e) WAIVER OF CLASS ACTION: THESE TERMS AND CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A PARTICIPANT INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PARTICIPANT TO PARTICIPATE IN A CLASS ACTION. IF A CLAIM IS SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. EACH PARTICIPANT AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SUBSECTION (b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

Waiver and Release of Liability, Use of Likeness, and Client Relationship

In consideration of the risk of injury, illness, personal damage, death, and other risks to self or property while participating in Unsettled (the “Retreat”), and as consideration for the right to participate in the Retreat, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives and any guests who I may host while on an Unsettled program, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Retreat, and hereby release and forever discharge Unsettled, Inc (“Unsettled”) located at 8 The Green, STE 4981, Dover, DE. 19901, USA  and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury including but not limited to illness, death, damages, economic or emotional loss, that I may suffer as a direct result of my participation in the aforementioned retreat, including traveling to and from an event related to this retreat.

I AM VOLUNTARILY PARTICIPATING IN THE AFORMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT COVID-19 AMONG OTHER DISEASES, VIRUSES, AND ILLNESSES POSES A RISK TO MY HEALTH AND WELL-BEING AS WELL AS OTHERS AND THAT I DO NOT HOLD UNSETTLED RESPONSIBLE FOR ANY EXPOSURE, DIAGNOSIS, OR OUTCOMES BY THE NATURE OF THEIR EXPERIENCES THAT INHERENTLY HAVE RISKS.  THESE INJURIES, ILLNESSES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless against any and all claims, suits, or actions of any kind whatsoever for the liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf. I agree to reimburse in full Unsettled, its partners, vendors, employees, contractors, owners, participants, customers, crew, or other stakeholders if I bring any suits, claims, or actions related to liability, damages, compensation, etc.

I acknowledge that Unsettled and its directors, officers, volunteers, representatives, vendors, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of. I hereby release any vendor, partner, or supplier of Unsettled, specifically pertaining to vineyards, wineries, agrotourism companies, and their employees and owners from any liability as a result of my participation in Unsettled Tuscany. I acknowledge that this activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, conditions of participants, equipment, vehicular traffic and actions of others, including but not limited to, staff, participants, members, volunteers, vendors, and associates.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE OF LIABILITY”, AND THE PARTICIPANT TERMS AND CONDITIONS (AVAILABLE AT http://beunsettled.co/terms-and-conditions), AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE UNSETTLED AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Unsettled, its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I am required to carry my own health and travel insurance, which includes but not limited to evacuation for medical care during activities during any Unsettled events. I will take full responsibility of any cost incurred to evacuate myself from an Unsettled event. I will follow all local ordinances, policies, and laws, as well as those that Unsettled mandates during my travels.

By joining any Unsettled activity, you agree to honor and uphold these fundamental principles:

• Respect for All: You pledge to respect fellow participants, regardless of their race, ethnicity, beliefs, sexual orientation, gender identity, or any other aspect of their identity. Unsettled is a space where diversity is celebrated, and every individual's story is valued.

• Zero Tolerance for Discrimination: There is no room for discrimination, sexism, racism, or any form of prejudice on our retreats. This includes both explicit actions and microaggressions. We strive for an environment where everyone feels safe and valued.

• Consequences for Violations: Unsettled reserves the right to remove any participant from the retreat at any point, without a refund, should they breach this Values Agreement. This is a firm policy, essential for maintaining the integrity of our community and the safety of all participants.

By agreeing to these terms, you are joining us in creating an unforgettable experience that is as respectful and inclusive as it is adventurous and inspiring. Welcome to our community, where every journey enriches not just our travel diaries, but also our understanding and appreciation of the diverse world we share.

In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 

In the event that Unsettled captures footage and that my name, likeness, image, voice, appearance, and/or performance is being recorded and made part of a recording or photo in which I appear (“Product”), by signing below I grant Unsettled and its producers and designees the right to use the product in any format with no financial obligation to me as a result of this agreement. If I choose to opt out of this, I agree to inform the Experience Leader, and cross out and initial the section above.

I acknowledge that the relationship between Unsettled and my participation is that of the company (“provider”) and me as the client (“client”). I acknowledge that I will not enter into a competitive partnership with any of Unsettled’s vendors or partners without written permission granting me so from Unsettled. I acknowledge that I will not advertise retreat or travel products directly to Unsettled’s customers or alumni without written permission granting me so from Unsettled. 

In consideration of all the above, I hereby acknowledge receipt of reasonable and fair consideration and enter into this waiver, and release it at will.

And lastly, thank you for reading. We look forward to seeing you soon. 🙂