Waiver and Code of Conduct

Waiver

Informed Decision.

Before signing this Waiver, the Traveler acknowledges that Wander Nagaland is a travel company whose purpose is to arrange itineraries for travelers AND that the Traveler has read the materials provided by Wander Nagaland that describe the Tour, the Traveler’s responsibilities while participating in the Tour, and the potential health, safety, and other risks associated with Traveler’s participation in the Tour, including but not limited to accidents or illness, disease, poor sanitation, inadequate medical care and facilities, terrorism, Acts of God, accidents, crime, the hazards of travel by air, train, boat, and motor vehicle, poor weather conditions and natural disasters. Traveler has taken the opportunity to ask any questions he or she may have about the Tour, and the responsibilities and risks involved, and has willingly and freely assumed any and all risks associated with local and international travel an the Tour in general.

Responsibility for Preparation.

Traveler agrees to attend pre-departure information sessions and other programs or meetings which Wander Nagalandmay conduct regarding the Tour. The Traveler warrants Wander Nagaland (and Wander Nagaland relies on such warranty) their physical condition and health are suitable to participate in the Tour, and they have and will take any necessary medical precautions before embarking on the Tour (and during the Tour if necessary). Wander Nagaland recommends each tour participant purchase adequate and relevant travel insurance. It is the Traveler’s responsibility to purchase adequate and relevant travel insurance to cover them for any instance including loss, damage or illness.

Changes in Tour.

The duration, itinerary, or other details of the Tour may be canceled, curtailed, altered, or modified without prior notice or obligation to Traveler, except that in the event of cancellation, refund shall be made of all monies paid by or on behalf of Traveler to Wander Nagaland for participation in the Tour, excluding the non-refundable application fee. If the Tour is curtailed, refund shall be made of an appropriate share of such monies paid to Wander Nagaland, said sum to be determined by the Wander Nagalandin its sole discretion.

Compliance with Laws, Regulations & Rules.

Traveler shall abide by all laws of India and Nagaland, including but not limited to laws governing the use of alcohol and drugs. If Traveler chooses to consume alcohol, as allowed by law in any relevant jurisdiction, Traveler agrees to do so responsibly and at his or her sole risk. Traveler agrees to comply with all rules, regulations, and standards of conduct, including but not limited to violations of the Code of Tour Conduct fixed by Wander Nagaland, its agents, and employees who, in the event of violation, reserve the right to limit or terminate Traveler’s participation in the Tour. If Traveler’s participation in the Tour is terminated (excluding the Traveler from further participation in the Tour), return to Traveler’s home shall be at Traveler’s sole expense, arrangement and risk.

Possession of Legal Documents.

At all times during Traveler’s travel, Traveler agrees to be in possession of a valid passport or official travel document and any visas or other immigration documents required for entry into Nagaland.

Release of Claims.

The Traveler, individually, and on behalf of its heirs, successors, assigns and personal representatives, hereby indemnifies and releases fully and finally from any and all liability, claims, loss, suits, demands and damages, brought by the Traveler (or and including by any third party as a consequence of any act or omission of the Traveler) and covenants not to sue or cause to be sued in any judicial or administrative forum, or otherwise, Wander Nagaland and its officers, agents, and employees with respect to any and all matters relating to or arising from Traveler’s conduct (including acts and omissions) and participation in the Tour. It is understood and agreed that Wander Nagaland shall in no way be deemed responsible for the operation or management of any means of transportation, public or private, or facilities used by the Tour or any Tour participant, and the Traveler’s participation on any tour or transportation or event or activity will be solely at their own risk. Further, should the Traveler engage in any activities which involve a risk to person or property (including but not limited to running with the bulls, climbing and jumping off statues, structures and rocks, the operation of any motorized or non-motorized vehicle, skiing, snowboarding, swimming, and any activity while intoxicated or under the influence of any substance), they do so at their own risk and agree Wander Nagaland shall in no way be liable for the Traveler’s actions, safety, loss and damage.

Withdrawal and Refund.

Refund of monies paid to Wander Nagaland by or for Traveler for participation in the Tour, excluding the non-refundable deposit, shall be made in accordance with the Terms and Conditions of the tour.

Health and Health Insurance.

The Traveler acknowledges that he/she is responsible for obtaining all recommended and necessary immunizations. The Traveler warrants that he/she is responsible for educating and informing him/herself and discussing with his/her health care provider diseases, illnesses, and other health concerns that may result from traveling and participating in the Tour. Traveler further warrants that he/she has been examined by a qualified physician of his or her choice; that such physician was in possession of all pertinent facts concerning Traveler and the Tour; and that such physician has advised Traveler of the medical advisability of participation. Traveler assumes all risk and responsibility for his/her medical needs while a participant in the Tour, and acknowledges that Wander Nagaland is not responsible for the provision and quality of medical treatment or hospital care received while such a participant. In the event of a medical emergency, however, Traveler authorizes Wander Nagaland to take action deemed in good faith to be necessary for his/her health and safety. Traveler assumes full financial responsibility for, and releases Wander Nagaland from any and all liabilities resulting from the good faith exercise of this authority. APPLICANT WARRANTS THAT HE OR SHE IS CURRENTLY ENROLLED IN A INSURANCE PROGRAM THAT PROVIDES COVERAGE FOR EXPENSES INCURRED WHILE PARTICIPATING IN THIS TOUR.

Modification.

This Waiver shall not be modified except by another agreement in writing signed by the Traveler.

Governing Law.

The terms of this Waiver shall be governed by the laws of the State of Victoria.

Severance.

In the event that any provision of this Agreement or its application to any person or circumstance is invalid or unenforceable, the validity or unenforceability shall not affect the validity or enforceability of the provision to the other persons or circumstances, and the provisions shall remain in full force and effect.

Code of Conduct

Principles.

This Code of Conduct (“Code”) has been formulated to provide a clear statement of expectations Wander Nagaland Pty Ltd ABN 36633098816 (‘Wander Nagaland’) has of participants in respect of personal behaviour whilst on any Wander Nagaland Tour conducted tour. (hereafter ‘Tour’).

Application.

This Code applies to ALL participants of the Tour. It does not apply to staff employed or retained by Wander Nagaland.

Policy – Alcohol Consumption.

Although will endeavor to encourage moderation and a responsible attitude towards the consumption of alcohol, will not attempt to stop alcohol consumption throughout the Tour. It is the responsibility of each participant to act responsibly and safely in all respects, matters and situations (including the consumption of alcohol) while on Tour particularly concerning the safety of their own person, own property and having regard to the safety of persons and property with whom they come into contact.

Policy – Use of Narcotics & Illicit Substances.

Wander Nagaland prohibits the unlawful use, possession, cultivation or distribution of narcotics or other dangerous or illegal drugs, as defined by Indian law, by Tour participants throughout the Tour. Any breach of this clause of the Code will be referred to the authority appropriate in the legal jurisdiction.

Personal Conduct.

a. It is expected that all Tour participants will behave responsibly in looking after themselves and their property. The participant has applied for and accepts a position on the Tour on the understanding Wander Nagaland will not in any way be responsible for any loss or damage suffered to person or property suffered by a participant other than such loss or damage being caused as a direct result of negligence on the part of Wander Nagaland.

b. All Tour participants are responsible for their own conduct at all times.

c. Bullying, discrimination, harassment, vilification and victimization of other participants and Wander Nagaland staff are expressly prohibited.

d. It is a condition of each participant’s attendance on the Tour that they irrevocably agree to at ALL times obey the laws of India and Nagaland together with all laws pertaining to the jurisdiction they are present in.

Breaches of the Code.

Examples of possible breaches of the Code include:

a. Verbal abuse;

b. Bullying;

c. Urinating in a public place;

d. Theft or damage to Wander Nagaland property;

e. Use of cameras, including mobile phone cameras, in ways that violate the privacy of others;

f. Any actions that threaten or could harm or harm the person or property of any other person.

Indemnity.

The participant agrees to indemnify in all respects and on an indemnity basis Wander Nagaland from any loss, claim, suit, liability or damage brought against Wander Nagaland as a result of any act or omission or direct or indirect conduct of the participant. Schedule – Definitions “Bullying” means acts of aggression – physical or verbal – against another person which result in the other person being coerced into doing or not doing something, becoming injured, embarrassed, anxious, or seriously uncomfortable. Bullying often involves an abuse of power. While bullying can be an isolated incident it is often repeated. “Discrimination” means any conduct which makes distinctions between an individual or a group so as to disadvantage some and to advantage others, or treats an individual or a group less favourably than others, on the basis or because of an attribute or status they possess (for example, sex, race, religious belief, sexual preference, political opinion). “Harassment” means any offensive, belittling or threatening behaviour directed at an individual or group which takes place in circumstances in which any reasonable person, having regard to the circumstances, would have been offended, humiliated or intimidated. Harassment is behaviour that is unwelcome, unsolicited, usually unreciprocated and often (but not always) repeated. Sexual harassment is included in this definition and is one particularly serious form of harassment. It occurs where the harassment involves conduct of a sexual nature. In addition to sexual harassment people may experience harassment because of their belief systems, including political or religious beliefs or activities, cultural, racial, or socio-economic background, gender, sexual orientation, parental status, physical features or disability, among other things. “Victimisation” means any unfavourable treatment of a person who has made a complaint, or allegation, about a breach of this Code of Conduct, whether the complaint was written or oral and irrespective of whether the person asked for the complaint to be conciliated or investigated. “Vilification” means any form of conduct not undertaken reasonably and in good faith that: a. incites hatred against, serious contempt for, or revulsion or severe ridicule of another person or class of person on the grounds of their race, religious beliefs or practises; or b. is done because of the race of another person and is reasonably likely to offend, insult, humiliate that other person.

Agreement

The Traveler acknowledges that prior to signing this Waiver, he or she has read this Waiver, has had the opportunity to seek legal advice about the agreements effect prior to signing / agreement, has full understanding of its terms and conditions, and voluntarily accepts ts terms and conditions and executes it with the understanding that WANDER NAGALAND PTY. LTD. shall rely on the statements and warranties herein contained. I am at least 18 years of age and legally competent to sign this document.