Waiver & Release
Welcome to the trip! Please read and sign this waiver before booking any trip with Kamzang ...
We run all of our trips, climbs and treks to the best of our ability, with years of experience in the Himalaya under our belts, and with safety a priority but without ANY liability except teh cost price of the trip. Participants can't sue the operator (us), or contractors or each other.
Please read the following and sign!
Acknowledgement of Risk
Kim Bannister of
Kamzang Journeys has done everything possible within
the budget of the trip and the parameters of the country
travelled in to ensure that the trip/trek offers all
clients a rewarding and safe experience. However, you
must acknowledge that adventure travel, trekking and
climbing and are all inherently dangerous. The same
elements that contribute to the adventure of trekking
or climbing, such as the physical exertion or the risk,
can also cause loss or damage to gear, injury, illness,
or in extreme cases, death.
trekking and/or climbing, there are risks to be encountered
which you should be aware of:
We travel in local
transport that will often not be up to developed country
standards. The roads are rough and sometimes non-existent.
Driving standards are very different than western standards,
but vehicles travel at much lower speeds. Injury
from bumpy roads are rare, but possible. Whenever possible
we minimize these risks by taking domestic flights.
Domestic flights are mostly in small 16-19 seat twin-engine
propeller aircraft with local pilots. The planes are
well-maintained, usually, but conditions are difficult.
The rural airstrips are rough, rarely flat and have
no radar facilities. All flying is visual. There is
an extremely low risk of snapped undercarriages and
flying into a mountain in the clouds, however the safety
record with tourists is surprisingly good. Flights are
often delayed due to bad weather.
climbing and camping you should carry adequate water,
sun protection and clothing appropriate to the conditions.
We provide gear and equipment lists and will answer
any questions about gear that you may have prior to
the trek and on the trail. We also inspect your equipment
prior to leaving for the trek if asked. While trekking
you will be traversing rugged terrain: high mountain
passes, snow and ice, exposed and rough trails, routes
threatened by avalanches and landslides and crossing
streams and rivers by rough bridges or slippery rocks.
There are risks of falling, rock fall, landslides, collapsing
bridges and exposure.
is inherently dangerous. There are unavoidable risks
of avalanche, rock fall, serac and icefall collapses,
climbing protection failing, falling in crevasses, falling,
hypothermia and extreme weather conditions. You may
be climbing on ropes that are old with strength degraded,
ropes that have been fixed by amateurs, ropes and protection
that may have been placed incorrectly according to best
practice. You may be crossing hidden or open crevasses
There are also dangerous
animals, dangerous plants, and dangerous insects. Any
wild and domestic animal you encounter can be dangerous,
including the yaks, dzopkios and horses that carry our
bags on some treks. Nepal and India have dangerous bears,
tigers, leopards and other animals however the risk
of an incident is extremely low, for example bears are
rarely encountered, unlike in the USA. In Nepal stinging
nettles are a problem and we will point them out at
the first opportunity.
Water should be
purified, filtered or treated before drinking. This
includes ALL tap water in cities, towns and villages,
and all stream water. In Kathmandu it is best to drink
bottled water. On glaciers and with snow melt we will
advise. Cleaning your hands before eating and after
toilet functions is critical in maintaining good health,
as is using hand sanitizer.
You will travel,
trek and/or climb to extreme altitudes. Altitude sickness
(Acute Mountain Sickness: AMS) is a significant risk.
Altitude sickness occurs when your body cannot properly
adapt to the lower amounts of oxygen found in the air
at high and extreme altitudes. Acclimatization is the
process by which the body adapts. Most people suffer
some form of mild altitude sickness and most people
can acclimatize to high altitudes, but not everyone.
The key is to ascend slowly, over a period of days,
not to exert yourself, and to drink plenty of water.
Altitude sickness can develop into High Altitude Pulmonary
Edema (HAPE) and High Altitude Cerebral Edema (HACE),
which can be fatal if not treated quickly. Treatment
is rapid descent to a lower altitude. Let your guide
know if you have a bad headache, feel dizzy or feel
anything out of the ordinary. Failure to do so may result
in AMS or other sickness.
and climbing at high (above 2400m) and extreme altitudes
carries numerous risks not yet fully understood. It
does affect men's fertility for a period of at least
several months, making them less fertile or infertile.
It does thicken the blood increasing the risk of blood
clots, even if you stay fully hydrated. The lower levels
of oxygen in the bloodstream do affect the brain, heart
and other organs in ways not yet understood.
hospital care is often not available although there
are some professional clinics in Kathmandu and Delhi.
While trekking and travelling you may be several hours
to several weeks from any medical facility. Helicopter
rescue is available in Nepal and sometimes in India
if you are insured for this. The helicopter will not
take off until payment for services is arranged. Helicopter
rescue is unavailable in Tibet. Everyone is required
to have their own travel medical insurance before arriving
in Nepal, Tibet India, Pakistan or Bhutan. Bring your
Visa (credit) card with your for the best evacuation
options as notifying your embassy and travel medical
insurance company often results in delays.
Decisions made by
the leader and participants (team members/clients) in
a wildness setting are based on a variety of factors,
perceptions and evaluations which by their nature are
imprecise and subject to errors in judgment. Throughout
the tour participants are responsible for their own
safety and must show consideration for the safety of
other members of their group. Don't forget this, it
may be you who needs help!
This list is not
an exhaustive list of possible injuries, or accidents
that may occur while traveling, trekking or climbing.
Most of these injuries are rare and you are not likely
to encounter them, however they have occurred and you
must be aware of the risks.
Waiver, Release & Indemnification
In the following
agreement 'the organisers' means your foreign agent
(if any), Kamzang, Kim Bannister, her agents and
I certify that I
am fully capable of participating in a travel, trekking
or trek-climb program. I state that I have read the
above statement on some of the possible risks. Therefore,
I assume full responsibility for myself for bodily injury,
death and loss of personal property and any expenses
as a result of my negligence, or the negligence of the
organiser. I also understand that the organiser reserves
the right to refuse any person it judges to be incapable
of meeting the rigors and requirements of participating
in travel, trekking or trek-climbs. I am in good physical
condition, have had a full medical check-up, and am
able to undertake this trekking or climbing.
I certify that to
my knowledge I do not have any medical condition that
would prevent my participation in this travel, trekking
or trek-climb. I hereby give permission for transportation
to any medical facility or hospital and I authorise
any guide or medical personnel to render emergency medical
care for myself.
I and my heirs agree
to indemnify and hold harmless the organiser and other
participants, from all claims, damages, losses, injuries
and expenses arising out of or resulting from my participation
in these activities. I further agree to release, acquit
and covenant not to sue The organiser and/or other participants
for all actions, causes of action, claims or damages,
of whatever kind, including the negligence of the organiser
and/or other participants, arising out of participation
in this program. In short, I cannot prosecute or sue
the organiser and/or other participants, and if I do,
I cannot collect any money.
I agree to the site
of any lawsuit and the law governing any such lawsuit
shall be Nepal and governed by Nepalese law or India
and Indian law. The terms of this agreement shall continue
and be in effect after the trip has ended.
I agree that if
the organiser is forced to defend any action, lawsuit
or litigation by myself, my executors, or my heirs,
on my family's or my behalf, my heirs or executors and
I agree to pay the organizer all costs and legal fees
if they successfully defend such action, lawsuit or
is a legal document. Please read and understand this
document before signing.