GROUP BOOKING TERMS
AND CONDITIONS
- Definitions.
“Activities” mean one or more of the following services offered by Go Ape: Treetop Adventure course, Treetop Journey
course, Treetop Discovery course, Axe Throwing, Teambuilding, and or such other services or products agreed by us and you, and any
combination thereof.
“Go Ape” means collectively, Adventure Forest LLC and or any of its affiliates or subsidiaries.
“Group” means the participating members of a party that have booked an Event with Go Ape.
“Group Booking” means a reservation made in respect to the Activities for a Group that is completed upon acceptance of the
Group Booking Offer via payment of the Initial Deposit.
“Group Booking Offer” means the offer a Go Ape Sales Manager provides to you containing the details and price for the
Group Event we propose to supply to you.
“Group Event” or “Event” means the specific combination of Activities confirmed by you for a Group Booking.
“we,” “us,” and “our” shall mean Go Ape.
“you,” your” and “yours” shall mean the individual representing the Group and provided with the Group Booking Offer. - General Issues. These Group Booking Terms and Conditions, as may be amended from time to time, apply to all Group
participants and all Group Events. These Group Booking Terms and Conditions and the full Booking Terms and Conditions, incorporated
herein by reference, found at www.goape.com (collectively, the “Terms”) contain important information concerning all participants of
the Activities, including you and members of your Group. Please read these Terms carefully, as by booking with Go Ape or participating
on any of its Activities, you acknowledge and agree that you and the members of your Group have read, understood, and agree to be
bound by these Terms. You shall be responsible for ensuring that all your Group members review and agree to the Terms. No variation
of these Terms shall be binding unless agreed in writing by Go Ape. In the event of any conflict between the Group Booking Terms and
Conditions and Go Ape’s full Booking Terms and Conditions, these Group Booking Terms and Conditions shall control. Any
typographical, clerical or other error or omission in any booking confirmation or other documentation issued by Go Ape (including any
electronic documentation) shall be subject to correction without any liability on the part of Go Ape. Go Ape reserves the right to make
changes to the Event and the Activities whether to conform with any applicable safety or other statutory requirements or otherwise. - Booking Procedures. All requests for Group Bookings are to be made by you to Go Ape by telephone, email or in-person. At
your request, we will provide you with a Group Booking Offer containing details and the price of the Group Event we propose to supply
to you. Each Group Booking Offer shall be treated as an offer to enter into a legally binding contract for the purchase of the Event set
forth therein and any additional terms and conditions contained therein. It is your responsibility to read and ensure that you comply with
the terms contained in the Group Booking Offer. Acceptance of the Group Booking Offer shall be deemed made upon payment of the
Initial Deposit for the Event as set forth in the Group Booking Offer. Your Group shall be considered booked with Go Ape upon this
acceptance. - Prices & Payment. The total cost of the Event shall be set forth in the Group Event Offer and is inclusive of applicable sales
taxes and any other taxes imposed. Prices shall be calculated and quoted at a total rate per Event (the “Event Price”). Upon booking
your Group Event, all sales are FINAL and subject to the cancellation policy set forth in Section 7 below. A non-refundable
deposit of fifty percent (50%) of the Event Price shall be due upon acceptance of the Group Event Offer to reserve the booking (the
“Initial Deposit”). Final payment of the remaining balance of the Event Price shall be due thirty (30) calendar days in advance of the
Event date. Payment can be accepted by check or credit card. - Safety. The Activities may be comprised of challenging high ropes and zip line courses, axe throwing, or other activities of a
high-risk nature and participation is not without risk, including permanent disability and or death. All members of the Group will receive
detailed safety training from a Go Ape instructor prior to participation. Go Ape reserves the right to refuse admittance to the Activities
or to remove a participant from the Activities should it deem it necessary to do so in its sole discretion.
After the safety briefing is provided by Go Ape instructors, the Group will not be supervised by Go Ape personnel. All members of
the Group must acknowledge and adhere to all safety rules, including supervision requirements for minors, as set forth in the Rules of
Participation for the specific Activity.
The Activities are physically demanding and require a degree of agility, strength, and stamina. The Group members are responsible for
assessing their own suitability and capability to participate on the Activities. If participants have any doubt as to whether they should
attempt the Activities, they are advised to walk the course or preview the specific Activity before booking. If participants have
medical concerns, they are advised to consult with a doctor in advance. Participants are required to certify that they do not suffer from
any medical condition which would make it more likely that they would be involved in any incident which could result in injury to
themselves or others. Due to the physical nature of the Activities, Go Ape recommends that pregnant women not participate in the
Activities.
All participants are required to act responsibly and courteously at all times and to respect other participants. Go Ape shall be entitled
to prohibit any person from undertaking or completing the Activities in the event it deems the behavior of any participant unsuitable.
Participants must be dressed appropriately. Go Ape reserves the right to refuse admittance to the Activities to any participant who is
not appropriately dressed.
No refunds, credits or other compensation will be payable by Go Ape in the event that any member of your Group is not permitted to,
or decides not to, undertake or complete the Activities for the reasons set out in this Section 5. - Arrival times at site. It is essential for all members of the Group to arrive on time for the Event, as the course has limited
capacity and delays to the start of the Event will not be accommodated to prevent impact on other participants on the course. If a Group
or members of a Group miss their designated start times, then it will be at the discretion of Go Ape as to whether an accommodation of
the late arriving participants into course instruction and onto the course can be made. You shall not be entitled to refunds, credits, or
other reimbursement for late arriving Group members. - Cancellation Policy. Upon acceptance of the Group Booking Offer by you through payment of the Initial Deposit, all requested
changes to the Event shall be at the sole discretion of Go Ape. No modifications or changes of these Terms or the terms set forth in the
Group Booking Offer are permitted unless in writing and approved by a Sales Manager. After acceptance of the Group Booking Offer,
additional Group members may be added to the Event at Go Ape’s discretion at the current advertised per person rate for the Activity,
as reflected on Go Ape’s website, plus a penalty charge of ten percent (10%). Except as set forth herein, all sales are final. The Group
Booking shall be non-refundable and non-cancellable. If notice of cancellation of your Event is provided at least three (3) days prior
to your Event date, your Group shall be permitted a one-time rescheduling of the Event at the time of cancellation. No other monetary
refund, credit, refund gift card, rescheduling or any other reimbursement shall apply. - Go Ape’s right to cancel or change the Event. Go Ape reserves the right to make changes, or, in certain circumstances,
cancel the Event. Most changes are of a minor nature and Go Ape will advise you at the earliest possible date. Occasionally, Go Ape
may have to make a “Major Change” which is defined as follows:
a) Cancellation of the Event;
b) Change of activity selection at your selected specific site;
c) Change of Event timings by more than two hours;
d) Change of site selected for Event; and
e) Any significant reduction or modification of advertised facilities at your selected site.
In the event, Go Ape must make a Major Change, Go Ape will offer you the choice of the following options:
a) Accept the changed arrangements; or
b) Purchase an alternative Event from Go Ape, of a similar standard to that originally booked if
available (if the chosen alternative is less expensive than your original one, Go Ape will refund
the difference but if it is more expensive, Go Ape will ask you to pay the difference); or
c) Cancel your Event and receive a full refund.
Please note that the above options are not available where any change made is a minor one. Go Ape reserves the right to make changes
to the Go Ape course and Activities to conform with any applicable safety or other statutory requirements or otherwise. In the event it
is necessary to close the Activities for any reason beyond the control of Go Ape, and in circumstances where the Group has commenced
participation in the Activities, you shall not be entitled to any refund (in part or in whole). In such circumstances Go Ape may, but shall
not be obligated to, offer alternative dates or times at reduced rates. - Default. In the event that you fail to make any of the payments required under these Terms or as set forth in your Group
Booking Offer by the specified date, then Go Ape may elect, among other things, to (a) terminate the agreement with you and cancel
your Event; (b) cancel any reservation being held on your behalf; and or (c) retain any deposits as liquidated damages and not as a penalty. - Limitation of Liability.
IN NO EVENT SHALL GO APE OR ITS AFFILIATES, SUBSIDIARIES, PARENTS, LANDOWNERS BE LIABILE TO YOU OR
ANY THIRD PARTY FOR ANY GENERAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, BUSINESS INTERRUPTION, BREACH OF SECURITY) ARISING OUT OF OR CONNECTED IN ANY WAY
WITH THIS AGREEMENT OR GO APE’S OFFERING OF THE EVENT, EVEN IF GO APE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF GO APE TO YOU FOR ALL DAMAGES, LOSSES,
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT
EXCEED THE TOTAL FEES PAID BY YOU HEREUNDER.
Go Ape’s sole liability with regard to a “Major Change” as defined above or changes beyond its control are limited to the remedies set
forth in Section 9. - Indemnification. You, on behalf of yourself and your affiliates, owners, officers, directors, employees, agents, advisors,
contactors, and your Group (each, an “Indemnifying Party”), hereby agree to protect, defend, indemnify and hold harmless Go Ape, and
its affiliates, subsidiaries, parents, landowners, and each of their officers, members, directors, agents, advisors, and employees from and
against any and all claims, demands, damages, losses (including direct, indirect or consequential damages or losses), costs or expenses
(including cancellation fees) of any nature whatsoever, including court costs and attorneys’ fees, arising directly or indirectly out of or
from (a) the Event; (b) any acts or omissions of an Indemnifying Party in connection with this agreement, including defaults hereunder
and providing incorrect or incomplete information with respect to the Group Booking; (c) any breach by an Indemnifying Party of any
of its representations, warranties or obligations hereunder; and (d) the acts or omissions of Group members in respect to the Event. - Governing Law; Jurisdiction; Venue; Attorney’s Fees. These Terms, and the application or interpretation thereof, shall be
governed exclusively by its terms and by the laws of the State of Maryland, exclusive of its conflict of law rules. For any action brought
between the parties, we agree to submit to the jurisdiction of, and agree that venue is proper in, federal and state courts having exclusive
jurisdiction of Frederick County, Maryland. Should it be necessary for either party to resort to legal action to enforce these Terms, the
prevailing party hereto shall be entitled to recover attorney’s fees and costs, including costs incurred prior to commencement of legal
action and in any appeal.