Terms and Conditions
Effective Date: August 2, 2024
These Terms and Conditions (the "Terms") are the binding agreement between OUTSIDERS NY, LLC ("Outsiders", "we", "us", or "our") and you ("you", "your", "participant", or "participants") regarding your involvement in our outdoor adventure and networking events. These Terms apply whether the services provided are for local or destination trip events involving corporate groups, private non-corporate groups, or individuals (each, an "Event"). Outsiders and you may be referred to collectively as the "Parties" and individually as a "Party". Our Privacy Policy, the Waiver of Medical Clearance and Ability to Engage in Physical Activity, the Waiver of Image Rights, and the Waiver for Outsiders Non-Liability are incorporated herein by reference.
By accessing and using our website (the "Site") and/or our services, you agree to be bound by these Terms without modification, limitation, or qualification. These Terms expressly supersede prior agreements or arrangements with you. Please read them carefully. Note that we may, at our sole discretion, modify or revise these Terms at any time by updating the text on this page without notice. You are bound by any such modifications or revisions. Therefore, visit this page periodically to review the Terms. Your continued access, use, or browsing of this Site following the posting of changes means you accept those modifications or revisions.
1. Reservation and Payment
After contacting the Outsiders team via the contact form, email, or phone, we will respond promptly to plan your Event. The information we request includes, but is not limited to: (i) the Event and related activities you are interested in; (ii) the number of participants and their preferred activities; (iii) your preferred dates for the Event; (iv) your preferred mode of transportation to, from, and during the Event; and (v) other relevant information.
Once you approve our proposal, we will send you a quote for the fee or ticket price for the Event (the “Event Fee”). The quote for the Event Fee must be signed by you and accompanied by a 50% deposit. The remaining amount must be paid no later than fourteen (14) days before the Event date.
We accept payment over the phone, on our Site, by check, by wire transfer, or other methods we may advise you. You authorize us to charge your debit or credit card if payment is taken over the phone or through our Site. In accordance with our Privacy Policy, we may use payment processors to link your bank account or debit or credit card account to our Site. The processing of payments or credits in connection with your use of the Site will be subject to the terms, conditions, and privacy policies of the applicable payment processor and your debit or credit card issuer, in addition to these Terms. Outsiders is not responsible for any errors by the payment processor.
2. Travel Requirements
2.1. Local Trip Travel Requirements
Unless otherwise specified by Outsiders in writing, each participant is solely responsible for (i) arranging their own transportation to the Event destination, and (ii) obtaining any applicable travel documents or vaccinations required by the Event destination, at the participant’s expense. Outsiders shall not be liable for any cancellation or delayed arrival by any participant and is not required to refund the Event Fee, in whole or in part. Outsiders makes no representation or warranty regarding any travel requirements to the Event destination, and it is the participant's responsibility to determine what is required for the Event.
2.2. Destination Travel Requirements
Each participant is solely responsible for (i) booking their own airline or other tickets to the Event destination, and (ii) obtaining any applicable visa, travel document, or vaccination required by the destination country, region, or territory, at the participant’s expense. Outsiders shall not be liable for any cancellation or delayed arrival by any participant and is not required to refund the Event Fee, in whole or in part. Outsiders makes no representation or warranty regarding any travel requirements to the Event destination, and it is the participant's responsibility to determine what is required for the Event.
2.3. Travel Conduct
Each participant agrees to conduct themselves with courtesy, respect, decorum, and consideration for fellow travelers, Outsiders guides, and local communities, and to exhibit good behavior throughout the Event. Disruptive, inappropriate, offensive, or illegal behavior, including, without limitation, (i) intoxication, drug use, abusive behavior, failure to follow reasonable instructions, or violent and unruly behavior, (ii) behavior that endangers the safety, well-being, or enjoyment of fellow travelers or disrupts the planned itinerary, and/or (iii) any behavior that would not be reasonably expected or tolerated on customary trips of this nature (collectively, “Inappropriate Behavior”), will not be tolerated and constitutes a material breach of these Terms. If any participant is found to have engaged in Inappropriate Behavior, they may be immediately removed from the Event by Outsiders, at Outsiders’ sole discretion. Participants agree that upon removal due to Inappropriate Behavior, no refunds will be provided, and the applicable participant shall be responsible for any additional costs incurred due to removal.
3. Cancellation and Refund
3.1. Cancellation and Refund for Local Trips
We cannot issue refunds or credits for anyone testing positive for COVID or other illnesses. Participants seeking to withdraw from a local Event are not entitled to a refund or credit unless the Event itself is canceled. If the Event is rescheduled due to inclement weather (dangerous or unsuitable for the activity), participants who have paid an Event Fee or purchased tickets will be offered refunds if they notify us in writing (email is sufficient) that they cannot attend the rescheduled Event within seventy-two (72) hours after being notified of the rescheduled date.
3.2. Cancellation and Refund for Destination Trips
We cannot issue refunds or credits for anyone testing positive for COVID or other illnesses. Participants seeking to withdraw from a destination Event are not entitled to a refund or credit unless the Event itself is canceled. If the Event is rescheduled due to inclement weather (dangerous or unsuitable for the activity), participants who have paid an Event Fee or purchased tickets will be offered refunds if they notify us in writing (email is sufficient) that they cannot attend the rescheduled Event within seventy-two (72) hours after being notified of the rescheduled date.
3.3. Cancellation by Outsiders
In the event of cancellation by us due to extreme weather conditions or other unforeseen circumstances, a full refund will be made, or another suitable date will be proposed.
4. Attire, Safety and Liability
If you are not dressed in weather-appropriate gear or if your attire is deemed unsuitable for the Event activity, we have the right to turn you down for the safety of the group and yourself. If you have any medical conditions or injuries that might prevent you from completing the Event, please consult your physician to confirm your ability to participate safely. Windproof gear is mandatory for winter Events. Gloves and hats are also required for winter Events.
Participants must follow all safety instructions given by our guides or instructors during the Event. Participants must respect other Event participants, staff, and the natural environment during the activity. Any inappropriate behavior may result in expulsion from the activity without refund. Participants acknowledge the risks associated with the activities during the Event, including risks related to the natural environment, and agree to sign a liability waiver before participating. You will ensure that your group does not have any physical contraindications preventing them from fully enjoying the experience. For activities involving water, you will ensure that you and the participants can swim; for cycling activities, you will ensure that you and the participants can ride a bicycle. (See Waiver for Medical Clearance and Ability to Engage in Physical Activity.)
5. Equipment Provided
We shall provide all necessary equipment for the Event activities unless we advise otherwise in writing (e-mail is sufficient) or in the Event advertisement. Participants must use the provided equipment responsibly and return it in the same condition.
6. Number of Participants
The number of participants can impact the organization and management of the activity as well as the quality of the experience. Confirm the total number of participants no later than thirty (30) days before the Event date. Beyond thirty (30) days, we will invoice you for the expenses incurred for the initially planned number of participants in your quote.
7. Activity Modification
We reserve the right to modify the itinerary or details of the activities of your Event based on weather conditions or other unforeseen circumstances, particularly related to participant safety before and/or during the Event. These modifications will not entitle you to a refund.
8. Rights to Use Images
Outsiders shall own all intellectual property rights, including copyrights, to images taken by Outsiders during the activity. Outsiders will have the exclusive right to use, reproduce, and distribute these images for promotional purposes without paying additional royalties or fees to you, any participant, or any third party.
You agree that Outsiders has the right to use your images for promotional and related purposes. Participants have the right to withdraw their consent to the use of their images at any time by informing Outsiders in writing. Outsiders agrees to stop using the applicable participant’s images for promotional purposes upon such notification.
Outsiders reserves the right not to use or to remove any image that could be considered harmful, offensive, or compromising for the participants or for the image of Outsiders itself. Outsiders does not authorize the use of participants' images by third parties, such as business partners or media, for promotional purposes related to the activity. (See Waiver of Image Rights.)
9. Responsibility for Personal Belongings
Participants are advised not to bring valuables to the Event and to take appropriate measures to secure their personal belongings. Outsiders shall not be held responsible for loss, theft, or damage. (See Waiver for Outsiders Non-liability)
10. Risks of Travel and Release
You understand and agree that participating in an Event may involve risks and hazards, including but not limited to physical injury, illness, death, or loss of personal property. You voluntarily accept and assume these risks and agree to release, waive, and hold harmless Outsiders, its officers, employees, agents, and affiliates from any and all claims, liabilities, damages, or expenses, including reasonable attorney's fees, arising out of or in any way connected with your participation in an Event. (See Waiver for Outsiders Non-liability)
11. California Residents: California Privacy Rights
California residents have certain rights regarding their personal information under several laws, including the California Constitution, the California Online Privacy Protection Act (CalOPPA), the Privacy Rights for California Minors in the Digital World Act, the Shine the Light Law, and the California Consumer Privacy Act of 2018 (CCPA). If you are a California resident, please read our Privacy Policy, which is incorporated herein by this reference, and which addressed privacy rights you may have in the information we collect from you.
12. Liquidated Damages
You and Outsiders agree that in the event you fail to comply with any of the terms or provisions of these Terms, Outsiders’s damages would be uncertain and difficult (if not impossible) to accurately estimate. Accordingly, you and Outsiders mutually agree that in the event you fail to comply with any of the terms or provisions of this Agreement, Outsiders shall be entitled to 100% of the Event Fees (the “Liquidated Damages Amount”), and said Liquidated Damages Amount shall not be deemed to be penalties but instead is intended by the Parties to be, and shall be deemed, liquidated damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless Outsiders and the Outsiders Parties from and against any and all claims, actions, causes of action, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable attorney’s fees and expenses, arising out of or resulting from your breach of these Terms, your participation in the Event, or your negligent or wrongful conduct.
14. Insurance
For the duration of these Terms, Outsiders may, at its sole discretion, request you in writing (email is sufficient) to obtain and maintain an insurance policy with appropriate and adequate coverage and limits as specified by Outsiders in writing (email is sufficient). This policy should cover any claims for bodily injury, property damage, or other losses which might arise out of any negligent act or omission committed by you during the Event and the Event trip. For the avoidance of doubt, Outsiders shall not be liable in any way if (i) Outsiders does not request you to obtain any insurance, whether required or not, or (ii) Outsiders fails to request you to obtain any insurance, whether required or not.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws provisions thereof. The Parties hereby waive (a) any right to sue in any court that would otherwise have jurisdiction, and (b) to have a jury trial. Any and all disputes or controversies arising under or relating to the interpretation or application of the provisions of the Terms or any extension or modification thereof, or the asserted breach thereof by any Party, shall be resolved through final and binding arbitration, as follows:
The Parties agree to mediate any dispute arising under these Terms. In the event of any such dispute, the Parties, within thirty (30) days of a written request for mediation, shall attend a mediation to be conducted in New York City, New York in order to make a good faith reasonable effort to resolve such dispute. The Parties shall attempt, in good faith, to agree to a mediator. If the Parties are unable to agree to a mediator, the Parties shall submit the matter to an alternative dispute resolution provider located in New York City, New York to appoint a mediator and conduct the mediation. If this good faith mediation effort fails to resolve the dispute arising under these Terms, then the matter shall be resolved through final and binding arbitration in New York City, New York, by a single arbitrator to be chosen by the American Arbitration Association under its Commercial Arbitration Rules, said proceedings commenced by either Party. Any arbitrator so appointed shall be empowered to, in addition to awarding actual money damages (but not punitive damages) against the Party found to have violated these Terms, grant in his award, injunctive or other types of equitable relief, to enforce specific performance of these Terms, and to prevent any continuing or further violation of its terms. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction there. The cost of such arbitration shall be borne equally by the Parties, except that each Party shall be responsible for its own attorneys’ fees. The Parties each waive personal service of process and consent that service of process upon either Party may be made by certified mail or registered mail, return receipt required, directed to the Party’s address, and service so made shall be deemed completed five (5) days after the same shall have been so mailed.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision shall be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms shall continue in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between you and Outsiders concerning your participation in the Event and supersede all prior agreements, understandings, and representations concerning the Event.
By participating in an Outsiders Event, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you may not participate in the Event.
For all inquiries, reservations, and further information, please contact us:
Email: info@outsidersny.com
Phone: (917) 995-3734
Website: https://joinoutsiders.com/
These Terms are subject to change without prior notice. Please review them regularly for updates.