These Terms and Conditions contains a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under these Terms and Conditions. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.
Arc’teryx Trips are offered by Arc’teryx Equipment, a division of Amer Sports Canada Inc. (hereinafter “Arc’teryx”).
What are my responsibilities/obligations as a trip participant?
Community is a big part of Arc’teryx trips. Your fellow travelers are people who enjoy being challenged in their sport and exploring the world. We encourage you to carefully review the trip information in order to make good decisions about whether these trips are right for you in terms of your skill level, fitness and experience. Different travelers will have different goals, perspectives, experiences and abilities; We ask that the group respect each individual's conditions and needs throughout the trip. (See also, “Participant Responsibilities” below)
Arc’teryx reserves the right to decline, to accept, or retain any person as a trip participant should such person's behavior, health or mental condition impede the operation of the trip.
Medical Considerations and Ability level
If you have any medical or psychological conditions, it's important that you disclose this to us well before departure so that we can work with you to ensure you have the right trip experience that you are expecting. All Arc’teryx Trip guides have the right to disqualify anyone at any time during the trip if they feel the trip participant is incapable of continuing and/or if a trip participant's continued participation jeopardizes the group's or the individual's own safety. Under these circumstances, refunds are not given unless agreed upon with Arc’teryx and the Guide team. Screening for fitness and ability (for all trips) is made by our guide partners at the time of Trip Deposit acceptance. If the guide deems a Trip Deposit payee unable to participate in the trip due to skill level or ability, the deposit will be refunded 100%.
Note: Arc’teryx reasonably accommodates participants with disabilities on all of its trips, but not all trips may be suitable for a potential participants. Please disclose on your health form if you require special arrangements. Some arrangements may require additional costs.
OUR LEGAL LIMITATIONS-PLEASE READ CAREFULLY
Arc’teryx may contract with independent contractors to provide transportation, guide services and/or all other related travel services. We assume no responsibility, however caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor or resulting directly from the following: acts of God; detention; annoyance; terrorism; thefts; pilferage; inclement weather conditions; civil disturbances; government restrictions or regulations; strikes; delays and expenses arising from quarantine; failure of any means of conveyance to arrive or depart as scheduled; and/or discrepancies or change in transit or hotel services over which Arc’teryx has no control.
Arc’teryx reserves the right to make reasonable changes in the itinerary where deemed necessary or advisable for the comfort and well-being of trip participants based on weather, human caused or other natural events that may degrade or impact the participant’s safety or trip experience.
Mountain weather is unpredictable in all seasons and is a constant factor that shapes the decisions we make before and during our programs. It would not be practical for us to refund every situation where our guests do not get the weather conditions they hope for so we make every effort to develop alternative plans. If you have a single objective in mind (such as a peak or route) we cannot guarantee that the conditions or weather will allow an attempt of that objective. We will work diligently to give you the best experience with the conditions we face at the time.
By advancing payment to Arc’teryx Trips, the payee thereby agrees to be bound by these terms and conditions.
By paying a Trip Deposit to Arc’teryx, the participant therefore agrees to be bound by the below terms and conditions. All Arc’teryx trip participants must complete a trip application/Liability Release and Assumption of Risk Agreement and health form.
Participants must be 21 years of age or older and be fluent in English. At this time, all Arc’teryx Trips, materials, and guides are in English or are English speaking. DO NOT TAKE AN ARC’TERYX TRIP IF YOU DO NOT UNDERSTAND ENGLISH OR ARE NOT FLUENT IN ENGLISH. It is the intent of the participant and Arc’teryx that all business and transactions related to the Arc’teryx Trip be conducted in English. Participant hereby waives all rights, claims, defenses that these Terms and Conditions are unenforceable or should have been provided in participant’s native language. Due to language requirements, residents of Quebec are not eligible at this time, although, we hope to offer Arc’teryx Trips in the future to those residents. To the extent that these Terms and Conditions are translated into any other language, the English version shall govern the rights and remedies of the Parties. Note: Participants must provide proof of and maintain emergency travel medical insurance including evacuation coverage throughout the Arc’teryx Trip requested.
Medical considerations: If you have any medical or psychological conditions, it's very important you let us know well before departure so that we can make extra arrangements if necessary. Arc’teryx and the designated Arc’teryx Trip guides have the right to disqualify anyone at any time prior to or during the Arc’teryx Trip if they feel the participant is mentally or physically incapable to continue and/or if a trip participant's continued participation jeopardizes the group's or his/her own safety. Under these circumstances refunds are not given.
Arc’teryx Trips or our Guiding Partners take no responsibility regarding medical advice, medications or inoculations that you or your doctor deem necessary for your safe participation.
Hospital facilities for serious problems are often unavailable, and evacuation can be prolonged, difficult and expensive. Arc’teryx assumes no liability regarding provision of medical care. By signing the Liability Release and Assumption of Risk Agreement, you agree to pay for emergency evacuation and emergency medical care.
Your obligations as a trip participant:
By participating in an Arc’teryx Trip, you assume certain obligations to Arc’teryx and the other trip participants. It is your responsibility to:
- Understand the conditions implied in the Activity Level rating of your selected trip
- Select a trip that is appropriate to your interests and physical abilities
- Prepare for the trip by familiarizing yourself with the trip itinerary, trip preparation materials sent by Arc’teryx and our Guide Partners and maintaining the adequate physical condition needed to complete the trip.
- Bring appropriate gear and clothing as advised by Arc’teryx and our guide partners.
- Obtain all necessary visas
- Follow considerate standards of personal hygiene in order to reduce risk of contracting diseases
- Follow considerate social behavior with other trip participants and respect their habits
- Act in an appropriate and courteous manner befitting the customs of countries you visit
- Complete the trip itinerary as scheduled (or as adjusted by your trip guide as necessary)
Arc’teryx Trips reserves the right to decline to accept or retain any person as a tour participant should such person's behavior, health or mental condition impede the operation of the trip.
Based on Trip Cost, per person
At time of reservation/Trip Deposit - $500USD
90 days prior to trip departure - Balance
WARNING: Failure to pay the Balance on participant’s Trip Cost within 90 days prior to the Trip departure shall cause the trip to be cancelled. The associated deposit, to the extent actually received by Arc’teryx, may be used towards a future Arc’teryx trip. Arc’teryx shall not be responsible for airfare, transportation costs, or other costs associated with travel to or from the Rendezvous Point. “Rendezvous Point” means the place for meeting associated with participant’s particular Arc’teryx Trip.
Custom/Private Trips, and Special Departures
At time of reservation/Trip Deposit - 25% of Arc’teryx Trip Cost
120 days prior to trip departure - Balance
Custom/Private Trips and Special Departures are custom and/or private itineraries with custom or differing departure times for individuals and groups that are outside of the set Arc’teryx Trip itinerary as may be published by Arc’teryx from time to time.
WARNING: Failure to pay the Balance on participant’s Custom/Private/Special Departure Trip Cost within 90 days prior to the Trip departure shall cause the trip to be cancelled. The associated Custom/Private/Special Departure Trip Deposit, to the extent actually received by Arc’teryx, may be used towards a future Arc’teryx trip. Arc’teryx shall not be responsible for airfare, transportation costs, or other costs associated with travel to or from the Rendezvous Point.
Regarding all Trips: All payments must be made by major credit card (Visa, MasterCard, or American Express). Prices are in US Dollars, and all payments must be made in US Dollars. After we receive participant’s Trip Deposit, we will provide you with detailed pre-trip information including a packing list, visa information (if required), statement of account, and travel protection information. We will also send you a link to access and complete the required forms including a Release from Liability, Assumption of Risk form which is required for participation on any Arc’teryx trip. Certain trips, may require the participant to have their physician complete and sign a Physician Certificate. Arc’teryx encourages participants to consult a physician for medical advice concerning physical activity and destination related care before participation in an Arc’teryx Trip. We will provide you with Rendezvous Point instructions and final trip details approximately three weeks prior to trip departure. NOTE: It is highly recommended that the participant not book any airfare to the Rendezvous Point, until participant receives confirmation of final payment. Arc’teryx shall not be responsible for airfare, transportation costs, or other costs associated with travel to or from the Rendezvous Point.
What Your Trip Includes
The Arc’teryx Trip Cost* for most trips includes: Guide leadership by accredited guides, accommodations as noted in the itinerary, field arrangements (including camp and cook staff, group camping and commissary equipment, necessary activity equipment), all or most meals, sightseeing as noted in the trip itinerary, group air transfers where applicable and noted in itineraries, ground transportation and support vehicles, local guides and support staff/porters, entrance fees and permits.
*Note–“Arc’teryx Trip Cost” is defined as including the cost of the trip, excluding the following: air transportation to and from Rendezvous Point or otherwise and related fees (except as indicated in the itinerary provided by Arc’teryx); gratuities; passport, visa, and permit expenses; medical expenses for immunizations or otherwise; insurance; personal expenses of any kind; and other costs or expenses not specifically listed in the Arc’teryx Trip description or itinerary as applicable. Internal airfare, park fees, permits, and taxes may be included in the price or broken out separately. “Internal Airfare” means, in-trip airfare, but specifically excludes any airfare (international or otherwise), transportation, and other costs associated with travel to and from the Rendezvous Point. Unless otherwise noted, payment and cancellation policies apply to the total Arc’teryx Trip Costs, inclusive of Internal Airfare, park fees, permits, single supplements, and taxes, even when broken out separately. Each trip varies slightly, so please call and speak with one of our Trip Specialists or download itineraries at Trips.arcteryx.com. International airfare, optional gratuities, and personal items are not included.
Accommodations (hotels, tents, chalets, and cabins) are based on double occupancy. If you prefer guaranteed single accommodations, you must pay a single supplement fee, which is listed in the Trip Itinerary. If you are traveling alone and wish to share accommodations, we will assign you a roommate of the same gender. On most scheduled trips, if there is not a roommate of the same gender available to share, no single supplement fee will apply if you are willing to share. Please see the Trip Itinerary for details and exclusions. Please note that some trips are not able to accommodate single or triple accommodations.
CANCELLATIONS & REFUNDS
Based on Trip Cost, per person
At the time we receive written notice that you must cancel your trip, the following fees will apply (all dates are from departure date):
Scheduled Departures (Only)
From time of reservation until 90 days prior to trip departure - Loss of Trip Deposit, however, Arc’teryx will issue a credit towards a future booking of Arc’teryx Trip in an amount equal to the Trip Deposit.
89 to 61 days prior to trip departure - 75% refund of Arc’teryx Trip Cost, however, Arc’teryx will issue a credit towards a future booking of Arc’teryx Trip in an amount equal to the Trip Deposit
60 to 31 days prior to trip departure - 50% refund of Arc’teryx Trip Cost, however, Arc’teryx will issue a credit towards a future booking of Arc’teryx Trip in an amount equal to the Trip Deposit
30 days or less prior to trip departure - 0% refund of Arc’teryx Trip Cost, however, Arc’teryx will issue a credit towards a future booking of Arc’teryx Trip in an amount equal to the Trip Deposit
Custom/Private and Special Departures (Only)
At the time we receive written notice that you must cancel your trip, the following fees will apply (all dates are from departure date):
From time of reservation until 120 days prior to trip departure - Loss of 25% of Arc’teryx Trip Cost
119-0 days prior to trip departure - 0% refund of Arc’teryx Trip Cost
For all Arc’teryx Trips
No refunds will be given for unused hotel rooms, meals, activities, or trek arrangements for any reason whatsoever. Trip Cost is quoted as a package and credits are not given for services not used. Extra hotel nights cancelled within 60 days of departure are subject to up to 100% of the hotel cost. Internal Airfare, once purchased, is non-refundable.
Cancellation and refund policy applies to the entire Trip Cost, including Internal Airfare, park fees, permits, and taxes. We recommend you purchase the optional travel protection plan to protect your investment.
If the participant elects to leave an Arc’teryx Trip in progress of their own volition, no refund will be given, and no refunds will be made for any unused portions of an Arc’teryx Trip.
Transferring trip spots
If you decide to transfer your reservation, fees may apply and are due to Arc’teryx at the time (prior to departure) we receive written notice of your intention to transfer. Some trips may have special cancellation or transfer fees; if so, they will be listed on the Itinerary Details or supporting trip documents. To protect yourself, we recommend that you purchase trip cancellation insurance (see below). We will gladly accept a substitute guest should you not be able to attend provided they meet the prerequisites and all other Arc’teryx Trip requirements.
TRAVEL PROTECTION INSURANCE
For your protection, we strongly recommend the purchase of trip insurance that combines trip cancellation and interruption coverage, baggage loss protection, and medical coverage along with additional medical evacuation coverage. Please note that deposits are not applied to any travel protection. Note: Participants must provide proof of and maintain emergency travel medical insurance including evacuation coverage throughout the Arc’teryx Trip requested.
If we cancel a trip
Arc’teryx Trips reserves the right to cancel all or a portion of a trip for force majeure or any other circumstances beyond our control. If reasonable to do so, Arc’teryx will attempt to inform you prior to departure. In the event of such cancellation, full or partial refunds, if any, will be at the sole discretion of Arc’teryx. We also reserve the right to cancel any trip if sign-up is inadequate to make the trip economically feasible for us to operate, and in this event, we give a full refund of the trip price. However, with respect to such cancellation, Arc’teryx is not responsible for additional expenses incurred by you in preparing for the applicable trip (e.g., non-refundable air tickets, visa fees if applicable, gear or medical expenses). Do not purchase your air tickets before speaking with your Adventure Coordinator.
For the purposes of these Terms & Conditions, “force majeure” shall mean occurrences or events outside the control of either party, such as, but not limited to: acts of war, acts of terrorism (if threat advisory is raised to red in the city of the trip or nearby), civil disturbances, acts of military or governmental authorities, fire, flood, tornado, severe weather, blackout, loss of power at venues or in the area of the trip or other acts of God, that materially impair the ability of Arc’teryx to legally perform its obligations regarding the Arc’teryx Trip in a timely manner.
Fewer than required number of participants
Each Arc’teryx trip requires a minimum number of participants. If we are unable to sign up enough participants, then Arc’teryx reserves the right to cancel the trip and refund any money paid to Arc’teryx for the Arc’teryx Trip. In the event of unexpected cancellations which reduce the number of participants below the required minimum, we reserve the right to cancel the trip, refund any money paid to Arc’teryx, or continue to operate the Arc’teryx Trip.
Participants who have added themselves to our trip waitlists, will be contacted in the event that a space or spaces open on a trip due to capacity or cancelations. Waitlist individuals must pay the deposit owning for a trip cost if they wish to sign up for a trip when contacted. Waitlist participants are not guaranteed to join a trip if no spaces open up prior to departure. If waitlists gather enough interested individuals, Arc’teryx reserves the right to add a new trip departure to fulfill the group needs.
Arc’teryx does not give any refunds for unused hotel rooms, meals, or trip arrangements. Trip price is quoted as a package; credits are not given for services not used.
All participants must sign the following Release of Liability, Assumption of Risk and Indemnification Agreement. A copy of this form will be included in your confirmation welcome package.
Arc’teryx assumes no liability for loss or damage to baggage in transit to and from an Arc’teryx trip or while on Arc’teryx trip. We recommend purchasing the supplemental travel protection plan.
Delays and Cost increases
The cost of delays is not included if any trip is delayed due to bad weather, trail conditions, river levels, road conditions, transportation delays, government intervention, sickness, or other contingency for which Arc’teryx or its third party guides/operators cannot make provision. Trip Costs are subject to increase without prior notice, even after you have signed up on the trip. We often publish our prices more than a year in advance. Between that time and the time of the trip’s actual departure, we are occasionally faced with significant cost increases that we cannot absorb (i.e. foreign currency fluctuations, fuel surcharges, or increases in cost of services). We regret this situation, and we do everything we can to avoid raising prices, but sometimes it is unavoidable. We will do our best to limit such increases and will notify you before final payment. We will not, however, increase the price after your final payment.
RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
Participant agrees to the following terms at a minimum and the Release of Liability, Assumption of Risk and Indemnification Agreement shall include at least the following terms and may include additional terms, in the sole discretion of Arc’teryx:
TRIP AND ASSOCIATED RISKS - I have chosen to participate in the above referenced trip (hereinafter referred to as "the Trip"), which is organized by Arc’teryx Equipment, a division of Amer Sports Canada, Inc. (hereinafter referred to collectively as "Arc’teryx"). I understand that:
- The Trip involves activities that are inherently hazardous, including those described in the separate document for the Trip, "Activity Level and Risks & Hazards," which has been provided to me and which I am also signing and returning;
- During the Trip, I may be exposed to dangers and hazards, including equipment failures and negligence by others;
- As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged;
- Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be expensive; and
- Arc’teryx assumes no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document.
- Assumption of the risks - I hereby freely assume the above mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Trip-including any risks caused by the negligence of Arc’teryx, its employees and officers, its guides, contractors, and other trip participants.
3. Limitation of liability
I understand that the sports of hiking, running (including, but not limited to, long distance, trail running), climbing/mountaineering and other outdoor sports (collectively “LAND SPORTS”), and skiing (including, but not limited to, alpine, backcountry skiing, and mountain touring), snowboarding, skiboarding, snowdecking, snowshoeing, ski and snowboard mountaineering, and split boarding, or other related activities (collectively “SNOW SPORTS”) involve inherent and other known and unanticipated risks of INJURY and DEATH (including, but not limited to, injury or death as a result of those risks disclosed to me on Attachment A). LAND SPORTS and SNOW SPORTS are sometimes referred to herein collectively as “RECREATIONAL SPORTS”. I voluntarily agree to expressly assume all risks of injury or death that may result from these RECREATIONAL SPORTS, or which relate in any way to the participation in the Event (“the Event”). I understand that a ski helmet designed for RECREATIONAL SPORTS use, when sized and fitted properly, will help reduce the risk of some types of injuries to the user at slower speeds. I recognize that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn; and a damaged helmet should not be used, as damage may compromise the effectiveness of the helmet.
I agree to accept for use AS IS all equipment to be provided to me during this Event, and I agree to accept full financial responsibility for the care of the equipment while it is in my possession. I further agree to be responsible for the replacement at full retail value of any equipment I receive, but do not return upon request, even if it is lost or stolen.
I understand that the binding system cannot guarantee the user’s safety. I acknowledge and understand, that Alpine binding systems will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. I understand that additional risk of injury may result if I use visual indicator settings other than those recommended by PROVIDERS (defined below). I acknowledge and understand that in certain types of RECREATIONAL SPORTS my equipment may be equipped with non-releasing or other bindings (e.g Mountain touring/backcountry binding systems) that may not comply with the DIN ISO 13992 standard or that do not provide any means for adjusting release values. I understand that mountain touring bindings are not to be confused with alpine bindings and understand that these types of binding systems do not have DIN settings. I understand that there is no actual or implied safety of any bindings or guarantee of release. I voluntarily agree and expressly assume all risks of injury or death that may result from using any binding system during the Event. To the extent that I have provided my own equipment including, but not limited to, boots and skis, I voluntarily agree and expressly assume all risks of injury or death that may occur as a result of use of such equipment, especially any equipment that is not norm-compliant or ISO compliant.
Knowing this, and in consideration of being permitted to participate in Event, I AGREE TO RELEASE AND HOLD HARMLESS the Location event premises owners and operators, the owners, manufacturers and distributors of equipment, Amer Sports Canada Inc., Amer Sports Winter & Outdoor Company, and all of their respective employees, parents, affiliates (including but not limited to, Salomon S.A.S. and Atomic Austria GmbH) and similarly related parties, agents, officers, directors, shareholders, and their successors in interest (collectively “PROVIDERS”) from all liability for injury, death, property loss and damage which results from participation in the RECREATIONAL SPORTS for which the equipment may be provided, or which is related in any way to the use of equipment provided to me, including all liability that results from the NEGLIGENCE of PROVIDERS, or any other person or cause, or otherwise resulting from or arising out of my participation in the Event.
I have also been informed and understand that PROVIDERS may be producing photographs, videos, films, audio or other media at the Event and that my name, likeness, image, voice, appearance and/or performance is being recorded and may or may not be made part of PROVIDERS’ production. I hereby consent that the photographs, video, film, or audio of me or any reproductions thereof taken by PROVIDERS, or its assigned vendors, may be used by PROVIDERS, or its assigns, without time constraints, for the purpose of illustration, catalog, website, television, promotion, advertising or publication in any manner and in any media now known or later developed. I understand that I will not have any interest or ownership in PROVIDERS’ production and that I will not receive any compensation from PROVIDERS for the use of my name, likeness, image, voice, appearance, and/or performance. The grant of rights herein shall be worldwide and perpetual.
I further agree to defend and indemnify PROVIDERS for any loss or damage, including any that results from claims or lawsuits for personal injury, death, and property loss and damage related in any way to the use of the equipment provided, my own equipment, or my grant of rights herein.
I agree that this agreement is governed by the applicable law of the state or province of the Location. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
I agree that the following describes some, BUT NOT ALL, of the risks associated with RECREATIONAL SPORTS:
Rockfall; Icefall; Avalanches; Electrical storms; Mountain storms; Snow; Ice; Rain; Hail; Sleet; Lightning; Falling; Objects falling from above; Unstable or loose rock, snow, ice, talus, moraine, scree, boulders, and/or other terrain; Slippery terrain; Falling and injury while skiing, boarding, or snowshoeing; Extreme cold and hot temperatures; Water crossings by foot or boat; Wildlife encounters; Dehydration; High altitude and altitude sickness; Wind; Failure of mountaineering equipment despite reasonable care and use; Injury from mountaineering equipment despite reasonable care and use; Careless or reckless behavior on the part of other members of the group despite reasonable supervision; Guide error; Careless or reckless behavior on the part of third parties; Limited possibility of assistance/rescue; and Limited ability/inability to communicate with rescue personnel.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)
UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR ARC’TERYX TRIP, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO ANY WARRANTY, A BREACH OF WARRANTY, OR THE ARC’TERYX TRIP’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.
The filing fees to begin and carry out arbitration will be shared between participant and Arc’teryx, but in no event will participant’s fees ever exceed the amount allowable by the American Arbitration Association, at which point Arc’teryx will cover all additional administrative fees and expenses. Arc’teryx waives its right to recover attorneys’ fees in connection with any arbitration under these Terms and Conditions. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase (if in the United States). The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Arc’teryx nor an arbitrator may disclose the existence, content, or results of any arbitration under these Terms and Conditions without the prior written consent of participant and Arc’teryx.
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. ARC’TERYX AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
Exceptions to Binding Arbitration Agreement and Class Action Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify Arc’teryx in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to Arc’teryx at 130 E. Randolph St., Suite 600, Chicago, IL, 60601, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver.
In addition, you may pursue a claim in small claims court in your county of residence (if in the United States) or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents)” will not apply.
EXCLUSIONS AND LIMITATIONS
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE EXPRESSED ABOVE. ARC’TERYX DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ARC’TERYX WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ARC’TERYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING ARC’TERYX’S NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), ARC’TERYX’S MAXIMUM LIABILITY TO PARTICIPANT SHALL NOT EXCEED THE AMOUNT PAID FOR THE ARC’TERYX TRIP BY PARTICIPANT.
OTHER GENERAL LEGAL TERMS
If a court of competent jurisdiction or an arbitrator holds that any provision of the Terms and Conditions is invalid or unenforceable, such invalidity will not affect the validity or operation of any other provision and such invalid provision will be deemed to be severed from this Agreement.