Participant Agreement and Waiver
This Agreement represents the entire agreement between you, the Participant, and Tempest Tours, Inc. (“Tempest Tours”) concerning the purchase by you and your participation in a storm chasing expedition with Tempest Tours (the “Tour”). For good and valuable consideration, the sufficiency of which is set forth below, the parties hereby agree to be bound by the following terms:
1. Tours: Each Tour will depart from and return to the Base City. Check the tour schedule at www.tempesttours.com to determine the Base City that corresponds with your tour. Guests are charged the rate appearing at the Tempest Tours web site at the time of registration.
2. A non-refundable Deposit of $500.00 US per person is required to reserve a tour. The remaining Balance is due by March 1st at which time your credit card will be charged. Full tour amount is required for guests registering after March 1st. All monies shall be made payable to Tempest Tours, Inc. An executed original of this Agreement must be received by Tempest Tours, Inc. P.O. Box 121084, Arlington, Texas, 76012 prior to the tour. Participant’s completion of the Agreement and Deposit to Tempest Tours does not guarantee acceptance of the Agreement by Tempest Tours. In the event Tempest Tours cannot accept the Agreement, Tempest Tours will refund Participant’s Deposit.
3. Cancellation Policy: Although highly unlikely, it may be necessary for Tempest Tours to cancel a Tour or shorten the length of a Tour. If a Tour is cancelled, Tempest Tours will make its best effort to accommodate Participant on another Tour. If Participant cannot be accommodated on another Tour, Tempest Tours will refund Participant’s $500.00 Deposit. In the unlikely event that Tempest Tours has to shorten the length of a Tour, Tempest Tours will refund Participant’s Tour Fee on a pro-rata basis. Tempest Tours shall not be liable to Participant for any loss whatsoever to Participant by reason of such cancellation, deviation or change in schedule, including but not limited to, airfare, hotel accommodations or lost wages.
4. Arriving and Departing from Base Cities: Participants must arrive at the Base City hotel in time to attend the 10:00 a.m. (9:00 a.m. for Denver) morning orientation on their Arrival Date and schedule air travel (or other transportation) to depart the Base City after 3:00 p.m. local time on the Departure Date. Participants are encouraged to arrive a day early and depart a day later to avoid any unexpected delays, if possible. If severe weather is expected, the Tour may depart as early as 11:00 a.m. on the Tour Arrival date and may return to the Base City hotel as late as 1:00 pm on the Tour Departure Date. Participants will be personally responsible for any charges incurred for not vacating the Base City hotel by the hotel’s check-out time on the Departure Date. All guests on June or July tours must bring a valid passport in case of a chase into Canada. If time is too limited to acquire a passport, consider acquiring a US PassCard instead which allows travel to Canada by ground for US citizens.
5. Transportation: Tempest Tours will provide all necessary transportation starting from the Base City and returning to the Base City on the final day of the Tour. All Tours will depart from the Base City hotel. Participants are responsible for transfers to and from the Base City hotel on their designated Arrival and Departure Dates. Participants should schedule their transfers, such as air travel, so that Participant can arrive at the hotel in time for their mandatory orientation at 10:00 a.m. (9:00 a.m. for Denver) on the Arrival Date and depart after 3:00 p.m. on the Departure Date.
6. Lodging: Tempest Tours will provide lodging during the tour period. The location of each Base City hotel will be provided to Participants prior to the Arrival Date.
7. Personal Expenses: Tempest Tours is not responsible for any personal expenditures of the Participant. Participant acknowledges and agrees that he/she is solely responsible for all food or other expenses incurred during the Tour.
8. Orientation: Each Participant is required to attend the orientation to be presented prior to the first chase day. The orientation will familiarize Participant with the tour itinerary and safety guidelines.
9. Choice of Law/Venue: The law of the State of Texas shall govern this Agreement and any disputes arising from, without regards to conflict of law principles. Venue shall be proper in Tarrant County, Texas.
10. No alcohol, illegal drugs, smoking, firearms, explosives or other dangerous articles will be allowed on tour vehicles during the Tour. All participants are required to wear a seatbelt while tour vehicles are in motion. These rules are mandatory and are designed to provide for the safety of participants and staff.
11. Tempest Tours, may at its sole discretion, refuse to allow a Participant to continue with a Tour if the Participant is unfit for travel, or at risk or a danger to himself or herself or a disturbance or danger to others. Such Participant may be left at any reasonable location without any liability to Tempest Tours.
12. With my registration, I paid my non-refundable Deposit of $500.00. I acknowledge and agree to pay the Balance of the Tour Fee by March 1st, or pay the full tour amount if registering after March 1st.
13. I understand that I will be exposed to and participate in the same experiences of an actual storm chaser. I further understand that Tempest Tours cannot guarantee that the Tour in which I participate will yield severe weather or an actual tornado sighting. I release Tempest Tours from any and all liability for not being personally satisfied with the results of the Tour and I agree and acknowledge that there will not be a refund of any fees if no severe weather or tornado is sighted.
14. I agree to release Tempest Tours, its employees, officers, directors, and/or assigns from any liability for lost, stolen, or damaged personal property.
15. I agree to abide by the safety guidelines presented at the orientation and to adhere to any instructions given to me by Tempest Tours before or during the Tour.
16. I acknowledge that I am over the age of 18 and I have voluntarily applied to participate in a storm chase tour or “expedition.”
17. I AM AWARE THAT STORM CHASING IS A POTENTIALLY HAZARDOUS ACTIVITY AND HAS CERTAIN INHERENT RISKS. THESE INCLUDE, BUT ARE NOT LIMITED TO, DEATH OR BODILY INJURY DUE TO TRAFFIC ACCIDENTS; SEVERE WEATHER CONDITIONS SUCH AS HAIL, LIGHTNING, RAIN, FLOODING, FLYING DEBRIS, AND TORNADOES. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH. FURTHERMORE, I ACKNOWLEDGE THAT I AM PHYSICALLY FIT TO PARTICIPATE ON THIS TOUR.
18. As lawful consideration for being permitted by Tempest Tours, Inc. to participate in these activities and to use their facilities, I hereby agree that I, my heirs, distributees, guardians, legal representatives, and assigns will not make a claim against, sue, attach the property of, or prosecute Tempest Tours, Inc. or its assigns for injury or damage resulting from the negligence or other acts, however caused, by any employee, agent or contractor of Tempest Tours, Inc., or its assigns, as the result of my participation in storm chasing activities.
19. In addition, I hereby release and discharge TEMPEST TOURS, INC., or ITS assigns from all actions, claims, or demands that I, my heirs, distributees, guardians, legal representatives, or assigns now have or may in the future have for injury, damage, OR DEATH resulting from my participation in storm chasing activities whether or not resulting from the negligence, gross negligence or misconduct of any person.
20. Travel Insurance. We recommend you purchase travel insurance for your tour (also recommended on your tour registration application). Travel insurance providers can easily be found on-line.
21. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN TEMPEST TOURS, INC. AND MYSELF AND I HAVE AGREED TO IT OF MY OWN FREE WILL.
IF PARTICIPANT IS UNDER 18 YEARS OF AGE
I as the natural parent and/or legal guardian of the minor person executing the above referenced release, do hereby consent to said minor person's execution of same and do hereby agree to be personally bound by the terms and conditions set forth therein.
178236-1 ©Tempest Tours, Inc.