SEE Turtles Terms & Conditions

Registering for our trips includes agreeing to the following terms and conditions.

This Expedition Terms and Conditions Agreement (this “Agreement”) governs participation in any travel program, tour, expedition, or related activity (each, a “Trip”) organized, sponsored, or administered by SEE TURTLES, an Oregon nonprofit corporation and public charity recognized as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code (“we,” “us,” or “our”).

By registering for, paying for, or participating in a Trip, the undersigned participant (“Participant,” “you,” or “your”) agrees to be legally bound by this Agreement.

ARTICLE 1: INTRODUCTION; PARTIES; STATUS OF ORGANIZATION

1.1 Charitable and Educational Purpose.

SEE Turtles operates exclusively for charitable, educational, and scientific purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. Our Trips are designed to advance our mission of sea turtle and marine conservation, education, and responsible ecotourism. Participant acknowledges that:

(a) Participation in a Trip constitutes voluntary involvement in mission-related educational and conservation activities, not a commercial package tour in the ordinary sense;

(b) Any revenues generated by Trips are used to support SEE Turtles’ exempt purposes and related program activities; and

(c) Nothing in this Agreement shall be construed to confer any equity, membership, or ownership interest in SEE Turtles or any right to share in its net earnings.

1.2 Independent Contractors.

SEE Turtles may engage third-party service providers, including, but not limited to, local operators, guides, hotels, transportation companies, boat owners, resorts, carriers, and other vendors (collectively, “Suppliers”). Unless expressly stated in a separate written agreement, SEE Turtles is not a partner, joint venturer, or agent of any Supplier, and no Supplier is a partner, joint venturer, or agent of SEE Turtles. Any claims for inadequate performance or nonperformance of services by a Supplier shall be made solely against that Supplier and not against SEE Turtles, except to the limited extent expressly provided herein.

1.3 Agreement to Terms.

By submitting a registration form, paying any deposit or Trip fee, or otherwise indicating consent, including electronically, Participant acknowledges that Participant has read, understands, and agrees to be legally bound by this Agreement. If Participant is under eighteen (18) years of age, a parent or legal guardian must execute or confirm acceptance of this Agreement on Participant’s behalf, and such person shall be jointly and severally responsible for all obligations of Participant hereunder.

ARTICLE 2: REGISTRATION; PARTICIPANT INFORMATION

2.1 Registration Requirements.

Registration for a Trip is accepted and a provisional space is reserved upon SEE Turtles’ receipt of:

(a) A completed registration or booking form in the format specified by SEE Turtles, which may be electronic or paper-based;

(b) Payment of the required deposit for the particular Trip; and

(c) Any initial information or documentation reasonably requested by SEE Turtles, including, where applicable, parent or guardian approvals for minors.

2.2 Accuracy of Information.

Participant represents and warrants that all personal information, contact details, passport data, health disclosures, emergency contact information, and any other information provided to SEE Turtles are true, complete, and accurate. Participant shall promptly notify SEE Turtles in writing of any material changes, including, but not limited to, changes in health status, contact information, or passport data.

2.3 Passport and Documentation.

(a) It is Participant’s sole responsibility to ensure that Participant holds a valid passport, visas, if required, and all other documentation necessary for entry to and exit from each country on the Trip itinerary and for return to Participant’s home country.

(b) Participant must provide complete and accurate passport information so that any air or other travel tickets can be issued in the correct name. Any costs arising from inaccurate, incomplete, or delayed documentation shall be borne solely by Participant.

2.4 Minors and School or Group Registrations.

(a) For Trips involving school groups or youth organizations, SEE Turtles may require the completion of additional forms, including, but not limited to, a student code of conduct, chaperone acknowledgment, and school or institutional approvals.

(b) Any Participant under eighteen (18) years of age must be accompanied by a parent, legal guardian, or an adult chaperone approved by SEE Turtles and, where applicable, Participant’s school or group. SEE Turtles reserves the right, in its sole discretion, to determine the suitability of any Trip for minors based on age, maturity, and experience.

2.5 Electronic Signatures and Transmission.

Participant acknowledges and agrees that scanned, photographed, or electronically signed copies of this Agreement and any related forms shall be deemed originals, and that Participant’s electronic signature shall be the legally binding equivalent of a handwritten signature, to the maximum extent permitted under applicable law.

ARTICLE 3: PAYMENT POLICIES

3.1 Deposits.

Each Trip requires a nontransferable, nonrefundable deposit in an amount specified by SEE Turtles at the time of registration (the “Deposit”). The Deposit secures a provisional reservation and is applied toward the total Trip price, subject to the cancellation provisions herein.

3.2 Payment Schedule.

Unless otherwise stated in the Trip materials:

(a) Full payment of the total Trip price is due no later than sixty (60) days before the scheduled departure date.

(b) After payment of the Deposit, Participant may elect either:

i. To pay monthly installments, with the remaining Trip balance divided evenly among the remaining months before the final payment is due, provided that monthly payment plans are only available if initiated more than four (4) months prior to departure; or

ii. To pay fifty percent (50%) of the Trip balance one hundred twenty (120) days before departure, with the remaining balance due sixty (60) days before departure.

(c) SEE Turtles reserves the right to refuse or limit monthly payment options in its discretion and to specify payment methods, such as check, bank transfer, or credit card, accepted for a particular Trip.

3.4 Late or Nonpayment.

If any payment required under this Agreement is not received by the applicable due date:

(a) SEE Turtles may, in its sole discretion, treat the nonpayment as Participant’s cancellation and apply the Cancellation Policy set forth in Article 4; and

(b) All amounts previously paid, including the Deposit, may become nonrefundable, subject to the cancellation schedule herein.

3.5 Fees and Charges.

SEE Turtles may charge reasonable administrative fees in connection with late payments, returned checks, or payment reversals, as specified in the Trip materials or invoice. Participant is responsible for any bank charges, credit card fees, or currency conversion costs incurred in connection with payments to SEE Turtles.

3.6 Price Adjustments and Unexpected Trip Costs.

(a) SEE Turtles reserves the right to increase the Trip price if there are cost increases beyond SEE Turtles’ control, including, but not limited to, increases in local supplier rates, fuel surcharges, taxes, governmental fees, or currency fluctuations that would otherwise result in a financial loss to SEE Turtles.

(b) Such price increases are expected to be rare and will be communicated to Participants promptly. In the event of a price increase exceeding ten percent (10%) of the total Trip price originally quoted to Participant (a "Material Price Increase"), Participant will be given the option to:

i. Accept the adjusted Trip price;

ii. Transfer to another Trip offered by SEE Turtles or cancel with no penalty, in which case any payments made will be refunded.

iii. Additional unanticipated costs arising during the Trip due to weather, political disputes, illness, transportation failures, or other causes beyond SEE Turtles’ control may be the responsibility of Participant as further provided herein.

ARTICLE 4: PARTICIPANT CANCELLATION; TRANSFERS; CREDITS

4.1 Form of Cancellation.

Participant may cancel Participant’s reservation only by providing written notice to SEE Turtles, including by email. Cancellation is effective on the date SEE Turtles actually receives such written notice in its office.

4.2 Individual Cancellation Fees and Refund Schedule.

If Participant cancels Participant’s reservation, the following cancellation charges apply, based on the number of days prior to the scheduled departure date that written notice is received:

(a) One hundred twenty (120) days or more prior to departure: Participant forfeits the Trip Deposit, which may vary by Trip. All other payments, if any, will be refunded.

(b) Sixty (60) to one hundred nineteen (119) days prior to departure: Participant forfeits fifty percent (50%) of the total Trip fee per person. Any remaining amount paid will be refunded.

(c) Fifty-nine (59) days or less prior to departure: Participant forfeits one hundred percent (100%) of the total Trip fee per person. No refunds will be issued.

4.3 Application of Cancellation Fees to Future Trips.

(a) For cancellations made at least sixty (60) days prior to departure, any nonrefunded amounts, excluding the nonrefundable Deposit if so designated, may, at SEE Turtles’ discretion, be applied once as a credit toward a single future SEE Turtles Trip, subject to availability and any difference in Trip prices.

(b) Credits may not be applied to more than one future Trip and are not themselves refundable in cash.

(c) For cancellations within sixty (60) days of departure, where payments to local providers have typically already been completed, SEE Turtles generally cannot provide credits or refunds. Any exception will be determined in SEE Turtles’ sole discretion and may depend on amounts recoverable from Suppliers.

4.4 Transfers Between Trips or Participants.

(a) Subject to availability, Participant may transfer Participant’s reservation from one Trip to another no later than one hundred twenty (120) days prior to departure, subject to a reasonable administrative fee as specified by SEE Turtles, although the standard cancellation schedule may apply if the transfer date falls within a cancellation period for the originally booked Trip.

(b) Participant may, with prior written notice to SEE Turtles, transfer Participant’s reservation to another eligible traveler (a “Substitute Participant”) up to sixty (60) days before departure, provided that the Substitute Participant:

i. Completes all required registration and health forms;

ii. Agrees in writing to be bound by this Agreement; and

iii. Meets all eligibility and suitability requirements for the Trip, including any age restrictions.

(c) Transfers requested within sixty (60) days of departure may be accepted or declined in SEE Turtles’ sole discretion and may be subject to Supplier change fees, which shall be borne by Participant and/or the Substitute Participant.

4.5 No Refunds for Unused Services or Early Withdrawals.

No refunds or credits will be provided for any portion of the Trip that Participant chooses not to use or that Participant misses due to late arrival, early departure, illness, personal choice, removal for conduct or medical reasons, or any other cause. If Participant leaves a Trip in progress for any reason, Participant shall not be entitled to any refund for unused accommodations, meals, sightSEEing, excursions, or other services.

ARTICLE 5: CANCELLATION OR MODIFICATION BY SEE Turtles; FORCE MAJEURE

5.1 Cancellation by SEE Turtles.

SEE Turtles reserves the right, in its sole discretion, to cancel any Trip prior to departure for any reason, including, but not limited to:

(a) Failure to meet the minimum number of participants required;

(b) Logistical problems such as vessel breakdowns, strike, or civil unrest;

(d) Government actions, travel restrictions, or advisories;

(e) Safety or security concerns for Participants or staff; or

(f) Any other circumstances that make the Trip impracticable, unsafe, or inconsistent with SEE Turtles’ mission or ethical standards.

5.2 Remedies for Cancellation by SEE Turtles.

(a) If SEE Turtles cancels a Trip prior to departure for reasons other than Participant’s breach of this Agreement, Participant may:

i. Transfer Participant’s payments, including the Deposit, to another SEE Turtles Trip, subject to availability; or

ii. Receive a refund of all payments made to SEE Turtles for that Trip.

(b) In no event shall SEE Turtles’ liability for cancellation exceed the amount Participant has actually paid to SEE Turtles for the cancelled Trip. SEE Turtles shall not be responsible for any indirect costs incurred by Participant, including nonrefundable airfare, travel insurance premiums, or other personal expenses.

5.3 Itinerary Changes and Substitutions.

(a) SEE Turtles reserves the right, in its sole discretion, to modify the Trip itinerary, scheduled activities, modes of transportation, accommodations, or guides as it deems necessary or appropriate due to safety considerations, weather, road conditions, lack of transportation, political or civil disputes, medical emergencies, Supplier performance issues, or other causes beyond its reasonable control.

(b) SEE Turtles will endeavor in good faith to provide substantively comparable alternatives where reasonably feasible, but no refunds or credits will be provided for itinerary changes or substitutions that do not materially diminish the overall nature of the Trip.

5.4 Force Majeure.

SEE Turtles shall not be liable for any delay, disruption, loss, injury, damage, or failure in performance under this Agreement to the extent resulting from causes beyond its reasonable control, including, without limitation:

(a) Acts of God, natural disasters, storms, floods, earthquakes, or volcanic activity;

(b) War, terrorism, civil unrest, strikes, lockouts, or labor disputes;

(d) Government orders, regulations, or travel bans;

(e) Mechanical failures or interruptions in transportation;

(f) Acts or omissions of Suppliers or other third parties; or

(g) Any other circumstance not reasonably foreSEEable or preventable by SEE Turtles.

ARTICLE 6: Accommodations and Rooming.

(a) Land accommodations are generally based on double occupancy for adult Trips unless otherwise stated. For certain program types, including student or group Trips, accommodations may be basic dormitory-style or family stays with shared facilities.

(b) For single travelers:

(c) If you are a single traveler wishing to share accommodations, SEE Turtles will attempt, but cannot guarantee, to match you with a roommate of the same sex;

(ii) If no suitable roommate is available, Participant may be required to pay a single supplement fee as specified for the Trip; and

(iii) If Participant expressly requests single occupancy, Participant must pay the applicable single supplement fee, and such accommodations may be limited or unavailable in certain locations.

(iv) Standards of accommodations and amenities vary by region and itinerary. Participant understands and accepts that some accommodations may be basic, may lack certain conveniences such as consistent hot water or electricity, and may not conform to Participant’s home-country expectations.

ARTICLE 7: TRAVEL PROTECTION; INSURANCE

7.1 Mandatory Travel Insurance.

SEE Turtles requires all Participants to obtain individual travel insurance that, at a minimum, provides coverage for:

(a) Emergency medical treatment and evacuation;

(b) Repatriation of remains; and

The choice of insurance provider is solely Participant’s. Proof of insurance must be provided to SEE Turtles prior to departure, in the form and detail reasonably requested.

7.2Consequences of Noncompliance.

If Participant fails to obtain and maintain the required travel insurance or fails to provide proof of such coverage prior to departure, SEE Turtles may, in its sole discretion decline to allow Participant to join the Trip, in which case the cancellation schedule in Article 4 will apply. In no event shall SEE Turtles assume any obligation to provide coverage or to bear costs that reasonably would have been addressed by travel insurance.

ARTICLE 8: HEALTH, FITNESS, AND MEDICAL ISSUES

8.1 Physical and Mental Fitness.

Participant acknowledges that Trips may include physically demanding activities such as hiking on uneven terrain or soft sand, crossing rivers or streams, swimming or snorkeling, boat travel, and exposure to heat, humidity, rain, bugs, and other natural conditions. Participant:

(a) Represents that Participant is in general good physical and mental health and is capable of participating safely in the Trip;

(b) Acknowledges that Trips may be conducted in remote or rural areas, far from modern or fully equipped medical facilities; and

(c) Agrees to consult with Participant’s personal physician prior to the Trip regarding any health concerns, preexisting conditions, or medications.

8.2 Disclosure of Medical Conditions.

Participant must disclose in advance any medical conditions, allergies, disabilities, or other circumstances that may require special attention or may be affected by vigorous activity, altitude, climate, local foods, or limited medical facilities. Participant is responsible for bringing an adequate personal supply of any prescription medications or other medical supplies that Participant may require.

8.3 Immunizations and Health Information.

Participant is responsible for obtaining all vaccines, immunizations, and prophylactic medications recommended or required for the destination countries. By paying a deposit or signing the registration form, Participant certifies that Participant has reviewed and considered reputable health information resources, such as governmental or health authority guidance, applicable to the Trip destinations, including, but not limited to, advice on vaccine-preventable diseases and methods of preventing insect-borne illnesses.

8.4 Prevention of Insect-Borne Disease.

Participant understands that mosquitoes, sand flies, and other insects may be present in the places visited and that such insects can transmit diseases. Participant agrees to take reasonable precautions to minimize risk, which may include use of insect repellent, appropriate clothing, and following guidance from Trip leaders.

8.5 Medical Treatment Authorization and Release.

(a) Participant authorizes SEE Turtles and its employees, agents, representatives, and Suppliers, in their sole discretion and where reasonably practicable under the circumstances, to secure emergency medical treatment for Participant if deemed necessary during the Trip, including, but not limited to, first aid, hospitalization, surgery, medication, or evacuation.

(b) Participant agrees to be responsible for, and to reimburse upon demand, all costs of such medical treatment and related transportation, unless otherwise covered by Participant’s insurance.

(c) To the maximum extent permitted by applicable law, Participant agrees to hold SEE Turtles harmless for the provision or nonprovision of medical care or evacuation services, and waives any claims arising from or related to such decisions, except to the extent caused solely by SEE Turtles’ willful misconduct or gross negligence.

8.6 Right to Remove or Disqualify for Medical Reasons.

The Trip leader or expedition director may, in their reasonable judgment, disqualify or remove from any activity, or from the Trip entirely, any Participant whose physical or mental condition or behavior:

(a) Poses a risk to Participant’s own safety or to the safety or well-being of others; or

(b) Materially interferes with the conduct of the Trip.

No refunds will be made under such circumstances, and Participant, and parent or guardian if applicable, shall be responsible for any additional costs arising from early return or alternative arrangements.

ARTICLE 9: PARTICIPANT CONDUCT; REMOVAL FROM TRIP

9.1 Standards of Conduct.

Participant agrees to conduct Participant’s self in a respectful, responsible, and lawful manner at all times during the Trip, including:

(a) Treating local communities, fellow Participants, guides, and staff with courtesy and respect;

(b) Respecting cultural norms and local customs;

(c) Adhering to instructions given by Trip leaders, guides, and authorized representatives regarding safety, environmental protection, group cohesion, and logistics; and

(d) Refraining from behavior that is disruptive, abusive, threatening, or otherwise detrimental to the interests, harmony, comfort, welfare, or safety of the group.

9.2 Prohibited Conduct.

Without limiting the foregoing, Participant acknowledges that the following conduct is strictly prohibited:

(a) Possession, use, or distribution of illegal drugs or controlled substances;

(b) Underage consumption of alcohol or provision of alcohol to minors;

(d) Violence, harassment, or discriminatory behavior;

(e) Any action that could stress, harm, or put sea turtles or other animals at risk including unpermitted touching, flash photography (unless expressly permitted), and feeding of any wild animal;

(f) Theft, vandalism, or intentional damage to property;

(g) Unauthorized absence from the group during scheduled activities where such absence presents safety or logistical concerns; and

(h) Any other conduct that violates applicable law or reasonably endangers people, wildlife, or the environment.

9.3 Additional Provisions for Youth or Student Trips.

For Trips specifically designated as youth or student programs, additional or stricter behavioral standards may apply, including limitations on curfew, social interactions, and personal activities. Participants on such Trips and their parents or guardians may be required to sign a Trip-specific code of conduct agreement, which shall be incorporated herein by reference.

9.4 Removal from Trip.

SEE Turtles reserves the right, in its sole discretion, to require any Participant to withdraw from the Trip at any time if the Trip leader or expedition director determines that Participant’s acts, omissions, behavior, or condition are detrimental to or incompatible with the interests, harmony, comfort, safety, or welfare of the Trip or of other Participants. In such cases:

(a) No refunds or credits of any kind will be provided for unused portions of the Trip; and

(b) Participant, and parent or guardian if applicable, shall bear all costs associated with Participant’s early departure, including, without limitation, additional transportation, lodging, meals, and any necessary chaperone costs.

ARTICLE 10: ASSUMPTION OF RISK; WARNINGS

10.1 Inherent Risks.

Participant acknowledges that travel to and within foreign or rural locations and participation in conservation, ecotourism, wildlife, and outdoor activities involve inherent and unavoidable risks, including, but not limited to:

(a) Accidents in transportation by air, land, or water;

(b) Slips, falls, or injuries while hiking, wading, swimming, snorkeling, boating, or engaging in other physical activities;

(d) Illnesses or injuries resulting from food, water, climate, insects, or limited medical facilities;

(e) Weather-related hazards and environmental conditions;

(f) Political or civil disturbances, crime, or variations in local safety standards; and

(g) Other risks that may not be foreSEEable or specifically identified.

10.2 Participant’s Acknowledgment.

By registering for and participating in the Trip, Participant:

(a) Acknowledges and voluntarily assumes all such risks, both known and unknown, whether or not described herein;

(b) Accepts personal responsibility for Participant’s own safety and for the consequences of Participant’s actions or omissions; and

(c) Confirms that Participant does not have any medical or other condition that would create a hazard for Participant or for other travelers or that would materially impair Participant’s ability to engage safely in Trip activities.

10.3 SCUBA Diving and Other Third-Party Activities.

(a) SEE Turtles does not offer SCUBA diving as part of any Trip. If Participant chooses to engage in SCUBA diving or similarly hazardous activities offered independently by hotels, dive shops, or other third-party providers, Participant does so entirely at Participant’s own risk and outside the scope of the Trip.

(b) SEE Turtles has no responsibility for the safety, performance, staff, or equipment of any such third-party providers. Participant is encouraged to research the safety record of any provider and, where applicable, obtain additional divers’ insurance coverage.

ARTICLE 11: LIMITATION OF LIABILITY; RELEASE; INDEMNIFICATION

11.1 Role with Respect to Suppliers.

SEE Turtles, its officers, directors, employees, and agents act solely as a nonprofit coordinator and facilitator of Trips and as an independent contractor with respect to Suppliers. SEE Turtles does not own or control the facilities and services provided by Suppliers, including transportation, lodging, and activities, and assumes no responsibility for their acts, errors, or omissions.

11.2 Limitation of Liability.

To the maximum extent permitted under applicable law:

(a) SEE Turtles shall not be liable for any personal injury, illness, emotional distress, property damage or loss, death, or other damage or expense arising from:

(b) Acts or omissions of any Supplier or other third party;

(ii) Acts or omissions of Participant or any other Participant;

(iii) Acts of God, weather, natural disasters, war, terrorism, civil unrest, strike, pandemic, government action, or other causes beyond SEE Turtles’ reasonable control; or

(iv) Any event occurring during a Trip that is not the result of SEE Turtles’ willful misconduct or gross negligence.

(b) SEE Turtles shall not be liable for any special, consequential, indirect, incidental, or punitive damages of any kind, including, without limitation, lost profits or loss of opportunity, even if SEE Turtles has been advised of the possibility of such damages.

(c) In no event shall the aggregate liability of SEE Turtles to Participant arising out of or relating to this Agreement or the Trip, whether in contract, tort, or otherwise, exceed the total amount of Trip fees actually paid by Participant to SEE Turtles for the specific Trip giving rise to the claim.

11.3 Release of Claims.

Except for claims resulting solely from SEE Turtles’ willful misconduct or gross negligence, Participant, on behalf of Participant and Participant’s heirs, executors, administrators, and assigns, hereby:

(a) Releases, waives, and discharges SEE Turtles, its officers, directors, employees, agents, volunteers, and affiliates from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind, whether known or unknown, in law or equity, arising out of or relating to Participant’s enrollment in or participation in the Trip; and

(b) Agrees not to bring or prosecute any such claim or action against SEE Turtles to the extent such claim is covered by this release.

11.4 Indemnification.

Participant agrees to indemnify, defend, and hold harmless SEE Turtles, its officers, directors, employees, agents, volunteers, and affiliates from and against any and all claims, demands, causes of action, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

(a) Participant’s acts or omissions, including violation of any law or regulation;

(b) Participant’s breach of any representation, warranty, or obligation under this Agreement;

(d) Any costs incurred by SEE Turtles in enforcing this Agreement against Participant.

11.5 Nonwaivable Rights.

Nothing in this Agreement is intended to waive or release any rights that cannot be waived or released as a matter of applicable law, including, where applicable, rights arising from SEE Turtles’ willful misconduct or gross negligence.

ARTICLE 12: PRIVACY; USE OF INFORMATION AND MEDIA

12.1 Use of Participant Information.

Participant’s personal information collected in connection with registration or Trip participation will be used to plan, administer, and deliver Trip services; to communicate with Participant regarding current or future Trips and SEE Turtles programs; and for SEE Turtles' internal recordkeeping, reporting, and other legitimate organizational purposes. SEE Turtles may share necessary information with:

(a) Airlines and transportation providers;

(b) Lodging providers and local operators;

(d) Local partners and conservation organizations involved in the Trip; and

(e) Schools, group organizers, or institutional partners, where applicable for group Trips.

12.2 Data Protection.

SEE Turtles will take commercially reasonable measures to safeguard Participant information and will store and process such information in accordance with applicable data protection laws. However, Participant acknowledges that information shared with third-party Suppliers or transmitted across borders may be subject to lesser protections than in Participant’s home jurisdiction.

12.3 Photo, Video, and Media Release.

(a) Participant understands that group photographs, video recordings, audio recordings, written materials, and other media (collectively, “Media”) may be created during the Trip by SEE Turtles staff, other Participants, or third parties.

(b) Unless Participant has provided written notice to SEE Turtles prior to departure opting out of such use, Participant hereby grants SEE Turtles a worldwide, perpetual, royalty-free, nonexclusive license to use, reproduce, publish, display, perform, adapt, and distribute Participant’s image, likeness, voice, and written or artistic contributions captured in Media created in connection with the Trip, in any medium now known or hereafter developed, for educational, promotional, fundraising, or other mission-related purposes, without additional compensation.

(c) Participant waives any right to inspect or approve such Media or its use, and any claims based on rights of privacy or publicity, to the maximum extent permitted under applicable law, while preserving SEE Turtles’ obligation not to use Media in a false or misleading manner.

12.4 Opt-Out.

Participant who does not wish to grant the Media license described above must notify SEE Turtles in writing prior to departure. SEE Turtles will make reasonable efforts to honor such request in its own Media creation and usage, but cannot guarantee the exclusion of Participant’s image from incidental background appearances or from Media created or shared by other Participants or third parties.

ARTICLE 13: ADDITIONAL FORMS AND LOCAL WAIVERS

13.1 Local Operator Releases.

Participant acknowledges that certain local operators, lodges, transportation companies, or activity providers may require Participant to sign additional waivers or release forms as a condition of participation in certain activities or use of their facilities or services. Participant agrees to review such documents and, if Participant chooses to participate in the relevant activity or use the relevant service, to be bound by their terms.

13.2 Relationship to This Agreement.

Any additional releases or waivers signed with local operators are intended to supplement, and not to limit, this Agreement. In the event of any direct conflict between such local waivers and this Agreement, the provision providing greater protection to SEE Turtles, to the maximum extent permitted by law, shall govern with respect to claims against SEE Turtles.

ARTICLE 14: GOVERNING LAW; DISPUTE RESOLUTION

14.1 Governing Law.

This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement, the Trip, or Participant’s relationship with SEE Turtles, shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws principles.

14.2 Venue.

Subject to any arbitration or mediation provisions below, any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state courts of competent jurisdiction located in Multnomah County, Oregon, or in the United States District Court for the District of Oregon, and Participant irrevocably submits to the exclusive jurisdiction of such courts.

14.3 Negotiation and Mediation.

In the event of any dispute arising out of or relating to this Agreement or the Trip, the parties shall first attempt in good faith to resolve such dispute through informal negotiations. If the dispute cannot be resolved through negotiation within a reasonable period, the parties may agree to submit the dispute to nonbinding mediation with a mutually acceptable mediator in Oregon.

14.4 Arbitration If Elected by SEE Turtles.

SEE Turtles may, in its sole discretion, elect to require that any dispute that cannot be resolved by negotiation or mediation be submitted to binding arbitration administered by a recognized arbitration provider under its then-current commercial or consumer arbitration rules, as applicable, with the place of arbitration in Oregon. Any arbitral award may be entered as a judgment in any court of competent jurisdiction. If SEE Turtles does not so elect, the dispute may proceed in the courts specified in Section 14.2.

14.5 Waiver of Jury Trial.

To the fullest extent permitted by law, each party irrevocably waives any right to a jury trial in any legal proceeding arising out of or relating to this Agreement or the Trip.

14.6 Limitation Period.

Any claim Participant may have against SEE Turtles arising out of or relating to the Trip or this Agreement must be brought within one (1) year after the date of the event giving rise to such claim, or such claim shall be deemed irrevocably waived and time-barred, to the maximum extent permitted under applicable law. Notwithstanding the foregoing, claims arising from personal injury or death shall be subject to the limitation period prescribed by applicable Oregon law.

14.7 Attorneys’ Fees.

Each party shall bear its own attorneys’ fees and costs in any dispute arising under this Agreement, except as otherwise expressly provided by statute or as part of an indemnification obligation under Section 11.4.

ARTICLE 15: MISCELLANEOUS

15.1 Wildlife Viewing

SEE Turtles trips specialize in viewing wildlife including sea turtles, and while we make every effort to arrange itineraries to places where wildlife is known to exist, the animals we encounter are wild and unpredictable and it is possible that some animals might not be seen on a trip. We do not guarantee seeing any specific animals on any trip and SEE Turtles will not take any action to give our travelers opportunities to see animals that may in any way cause harm or stress to the animals.

ARTICLE 16: PARTICIPANT AND, IF APPLICABLE, PARENT/GUARDIAN ACKNOWLEDGMENT

16.1 Participant Certification.

By signing below, including by electronic signature, Participant certifies, represents, and agrees that:

(a) Participant has read this Agreement in its entirety and understands its terms;

(b) Participant understands that Participant is giving up substantial legal rights, including the right to sue under certain circumstances;

(c) Participant enters into this Agreement voluntarily and without any undue influence, coercion, or reliance on statements not expressly contained herein; and

(d) Participant agrees to be bound by the terms of this Agreement in connection with the Trip described in Participant’s registration and any related activities sponsored or conducted by SEE Turtles.

16.2 Parent or Guardian Certification for Participants Under 18.

If Participant is under eighteen (18) years of age at the time of signing:

(a) The undersigned parent or legal guardian represents that they are the legal parent or guardian of Participant and have full authority to execute this Agreement on Participant’s behalf;

(b) The undersigned has read and understands this Agreement, consents to Participant’s participation in the Trip, and agrees to be bound by all of its terms both individually and on behalf of Participant;

(c) The undersigned agrees to assume full financial responsibility for Participant and to be jointly and severally liable for all obligations of Participant under this Agreement; and

(d) The undersigned grants all permissions and authorizations on behalf of Participant as set forth herein, including, without limitation, authorizations for medical treatment, use of Media, and assumption of risk.