Terms, conditions and Liability Waiver
You will be asked to sign a liability waiver prior to attending the hike. Below is an example of the waiver.
These terms and conditions contain legal obligations, waivers of liability, and express assumptions of risk. You should read this entire document carefully. Any purchases made through sandiegohgc.com, our distributors, and our affiliates are subject to these terms and conditions.
These terms and conditions represent an agreement between the tourist (“You”, “Traveler”) and Zachary Silvia, d.b.a. True Wash (“San Diego Hiker’s Grub Club”, “we”, “us” “our”). By making a booking and in consideration for the opportunity to participate in a San Diego Grub Club (True Wash) tour, You agree to these terms and conditions on behalf of You and all individuals included in Your booking. The lead participant assumes the responsibility of sharing these Terms and Conditions with each tour participant, including payment of all amounts when due. In the case the booking is made by a travel agent the agent is responsible to provide all customers with a copy of our terms and conditions. It is the responsibility of each participant to read our Terms and Conditions in its entirety. The services to be provided are those in your booking confirmation. No alterations or variations to these terms and conditions are effective unless made in writing by and under the authority of San Diego Hiker’s Grub Club (True Wash). You agree to be bound by the terms and conditions that are in effect at the time of your tour or cancellation, whichever applies. You agree that it is your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes.
On behalf of You and Your next of kin, heirs, and representatives, You release from all liability and promise not to sue Zachary Silvia, True Wash, San Diego Hiker’s Grub Club, including each of their employees, officers, directors, volunteers, and agents (collectively “Released Parties”), from any and all claims, including claims of the Released Parties’ negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss suffered because of Your participation in Your tour, including travel to, from and during the tour, and your and other tourists’ use of alcohol during the tour. You acknowledge that You are voluntarily participating in this tour. You acknowledge that You are aware of the risks associated with traveling to and from and participating in this tour, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. You acknowledge that You understand that these injuries or outcomes may arise from Your own or other’s actions, inaction, or negligence; conditions related to travel; use of alcohol, or the condition of the tour location(s). Nonetheless, You acknowledge that You assume all related risks, both known or unknown to You, of Your participation in this tour, including travel to, from, and during the tour.
You expressly acknowledge that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which this tour will take place. You acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). You also understand that if you are older or have underlying conditions, you may be more prone to serious infection and death due to COVID-19. As a result of the highly infectious nature of this disease, federal, state, and local governments and federal and state health agencies recommend social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people. you acknowledge that, San Diego Hiker’s Grub Club (True Wash), its agents, owners, officers, employees, affiliates, and suppliers, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively “San Diego Hiker’s Grub Club”), has taken steps to mitigate the potential for transmittal of, and exposure to COVID 19 during the tour, but that exposure to such viruses or disease is an inherent risk of participating in the tour, one that cannot be eliminated by San Diego Hiker’s Grub club (True Wash).
By booking your trip with us, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for myself and any minors traveling with me, that you or they may be exposed to or infected by COVID-19 by participating in the tour and that such exposure or infection may result in personal injury, illness, permanent disability, and death. you understand that the risk of becoming exposed to or infected by COVID-19 while on the tour, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, San Diego Hiker’s Grub club (True Wash) employees, agents, affiliates, suppliers, and other participants in the tour. You understand the description of the risks due to COVID-19 is not complete and that unknown or unanticipated risks may result in injury, illness, death or any other loss. You agree that having considered these risks, you, for yourself and any minors traveling with you, desire to participate in the tour and you freely and voluntarily assume complete personal responsibility for the risk of exposure, illness and death due to COVID-19, for yourself and any minors traveling with you, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is signed.
You agree to hold the Released Parties harmless from any and all claims, injury, disability, death, or loss or damage to person, including attorney’s fees or damage to Your personal property, that may occur as a result of Your participation in this tour, including travel to, from and during the tour whether caused by negligence or otherwise, San Diego Hiker’s Grub club (True Wash), its employees, employees, agents, affiliates, suppliers (collectively San Diego Hiker’s Grub Club (True Wash)). Furthermore, without limitation, San Diego Hiker’s Grub Club (True Wash) is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, epidemics, pandemics, acts of government, quarantine. You agree that this release shall be legally binding upon you personally, all members of your family and all minors traveling with you, yours and their heirs, successors, assigns, and legal representatives, it being your intention fully to assume all the risks associated with this trip and to release San Diego Hiker’s Grub Club (True Wash) from any and all liabilities to the maximum extent permitted by law.
You agree to indemnify San Diego Hiker’s Grub Club (True Wash) from any and all claims made against it based on your actions, omissions, and/or breach of its’ Terms and Conditions. If You need medical treatment, You agree to be financially responsible for any costs incurred as a result of such treatment. You acknowledge that You are aware and understand that You should carry Your own health insurance. You understand that San Diego Hiker’s Grub Club (True Wash) has no responsibility to provide medical care to participants, and has made no offer or promise to do so. You authorize San Diego Hiker’s Grub Club (True Wash) to obtain medical care on your behalf and/or to transport you to a medical facility, if necessary, and you hereby release San Diego Hiker’s Grub Club (True Wash) from any and all liability arising from its obtaining medical care on your behalf or transporting you to a medical facility. You acknowledge that You understand the legal consequences of this document, including (a) releasing the Released Parties from all liability; (b) promising not to sue the Released Parties; (c) and assuming all risks of participating in this tour, including travel to, from and during the tour. This Waiver of Liability and Express Assumption of Risk is written to be as broad and inclusive as legally permitted by the State of California.
You agree to defend and indemnify Zachary Silvia, San Diego Hiker’s Grub Club (True Wash), our affiliates, and distributors, and any of their officers, directors, employees, and agents (“Indemnified Parties”), from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, and other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees and costs brought by third parties arising out of or resulting from:
-Your wrongful or negligent acts or omissions;
-Wrongful or negligent acts or omissions of other people for which You are responsible;
-Your breach of this agreement or documents referenced in this agreement;
-Your violation of any law or the rights of a third party; and/or
-Your use of sandiegohgc.com website or any affiliate websites.
San Diego Hiker’s Grub Club (True Wash) coordinates with various service providers and companies to create walking tours. Examples include transportation companies, tour guides, restaurants, admission ticket vendors, and other service providers and vendors. The persons or companies engaged in conducting those services are not employees or agents of San Diego Hiker’s Grub Club (True Wash). All such persons and entities are independent contractors. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each service provider, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that San Diego Hiker’s Grub Club (True Wash) assumes no liability for any loss, accident, property damage, delay, inconvenience, expense or injury to You or any persons traveling with You owing to any act or default or negligence caused by any person or company engaged in providing those services. You agree that if a service provider causes damage or loss to you, that such service provider is solely responsible for compensation and you waive all rights, causes or action and claims for indemnity against San Diego Hiker’s Grub Club (True Wash). You agree to hold harmless San Diego Hiker’s Grub Club (True Wash) from liability caused by any act or omission of yourself or any employee, member, guest, invitee, or of any third party of yourself, or arising from the use of any facility, equipment, transportation, or other instrumentation used or provided to you.
Credit cards. San Diego Hiker’s Grub Club (True Wash) accepts the following credit cards for payment: Visa; Mastercard; and American Express. While we do accept major credit cards, you must provide a click and/or signed authorization for every payment. Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause (excepting fraud), including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in these Terms and Conditions. In the event you attempt to chargeback, reverse, or recollect a booking payment already made without the authorization of San Diego Hiker’s Grub Club (True Wash), we reserve the right to collect all additional costs, fees, and expenses associated with such chargeback, reversal, or recollection, including, without limitation, attorney fees. Travel Agents assume financial responsibility for any chargebacks initiated by their clients.
Payment due. Full payment is required at the time of booking. Payment for private tours is due upon confirmation of tour itinerary. Payment for self-guided tours is in accordance with the terms in the pricing section above.
Travelers must adhere to the start time set out in the product information on their voucher. In the event a traveler is not at the designated starting point within 10 minutes of the start time provided, San Diego Hiker’s Grub Club (True Wash) will consider the traveler to be a “no show” and the tour will start without them and no refund will be provided. It is recommended that you arrive at least 10 minutes prior to the start of the tour.
The traveler making the booking is responsible for their own and their party’s actions. If San Diego Hiker’s Grub Club (True Wash) deems you or your party’s actions to cause danger to other travelers or our staff, to intervene with other clients’ enjoyment of the trip, or to be offensive to the local communities and cultures, San Diego Hiker’s Grub Club (True Wash) reserves the right to remove you from the tour effectively immediately. No refund will be supplied. You must at all times comply with the laws and customs of all places visited. If you are traveling with a dog, you are responsible for the conduct of your dog. In the event that your dog is disruptful, you will be asked to leave the tour and no refund shall be given.
All travelers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveler under the age of 18. Please see the tour description on San Diego Hiker’s Grub Club (True Wash) to check whether a tour is child-friendly. Some of our trips can be physically demanding and travelers must ensure that they are suitably fit to allow participation. Most tours involve walking, hiking, step-climbing or other physical activities during the course of the tour, and travelers should be in good mental and physical health to fully participate. Travelers are responsible for making a determination of the appropriateness of a tour in consideration of their personal limitations prior to making a reservation. We are able to provide details on mandatory health requirements; however, we are not medical experts. All our tours specify a physical rating, which is to be used as a guideline for gauging whether a tour is appropriate for your fitness level. For the safety of our guests, we reserve the right to request health information prior to the tour and to exclude any traveler we deem unfit for the tour at our sole discretion.
San Diego Hiker’s Grub Club (True Wash) is happy to attempt to make reasonable accommodations to our disabled guests with adequate advance notice. We are unable to provide personalized assistance; therefore, persons with special needs should be accompanied by an individual who will take full responsibility for any personalized assistance needs during the tour and in the event of an emergency.
All travelers are responsible for informing San Diego Hiker’s Grub Club (True Wash) of any allergies you or others in your group may have. Food is prepared in bulk and San Diego Hiker’s Grub Club cannot guarantee your food will be free of allergens.
Neither Zachary Silvia or San Diego Hiker’s Grub Club (True Wash) can be held responsible for any liability, expenses, or losses you incur as a result of being inadequately insured. We strongly recommend that at the time of booking a comprehensive travel insurance policy is purchased.
Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss.
We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. We cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
You consent to us using images of you taken during the tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
By using sandiegohgc.com, San Diego Hiker’s Grub Club (True Wash) distributors, and/or affiliates, the traveler agrees to be bound by the conditions outlined in these terms and conditions. When engaging with San Diego Hiker’s Grub Club (True Wash), the traveler agrees to do so for personal purposes and not for their own personal commercial gain and will not enter into or provide fraudulent requests or information to San Diego Hiker’s Grub Club (True Wash). By engaging with San Diego Hiker’s Grub Club (True Wash), the traveler agrees to do so for lawful purposes only.
San Diego Hiker’s Grub Club (True Wash) maintains information that is accurate to the best of our knowledge; however, does not warrant that content and information provided on sandiegohgc.com or via any of our affiliate sites or via distributors will be without error and that functionality of the websites uninterrupted or without error. We reserve the right to correct any errors, including errors in pricing.
This agreement is governed by the laws of the State of California and that any disputes arising out of this agreement will be heard in a court of competent jurisdiction in the State of California and be determined under California law without regard to conflict of law principles. You agree that you will only bring claims against San Diego Hiker’s Grub Club (True Wash) in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. San Diego Hiker’s Grub Club (True Wash) shall not in any case be liable for other than compensatory damages, and your payment on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against San Diego Hiker’s Grub Club (True Wash) or Zachary Silvia unless you have first provided a written notice of claim to San Diego Hiker’s Grub Club (True Wash) or Zachary Silvia within 30 days after the tour or cancellation of the tour.
In the event that any term or condition contained here is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
San Diego Hiker’s Grub Club (True Wash) reserves the right to update and/or alter these terms and conditions at any time. The latest terms and conditions can always be found on the San Diego Hiker’s Grub Club (True Wash) website, sandiegohgc.com, and will supersede any previous versions.
I, _________________________(Print – Name of participant) the undersigned, agree to
the following:
______1. The undersigned hereby releases, waives, discharges and covenants not to sue San Diego Hiker’s Grub Club (True wash), its officers, agents, employees, volunteers and representatives, for any and all claims for loss or damage, including, without limitation, any claims or demands on account of personal injury, loss, theft or damage of personal property, presence during or participation in our services, even though that injury or damage may arise out of negligence or out of a dangerous or defective condition of property or equipment. However, this release will not apply where it is determined by a court of competent jurisdiction that such claim was caused by the gross negligence or willful misconduct of District.
_______2. The undersigned hereby agrees to indemnify, save and hold harmless the San Diego Hiker’s Grub Club (True Wash), and each of its officers, agents, employees, volunteers and representatives from any loss, liability, damage or cost they may incur, including attorneys’ fees, whether caused by the negligence or otherwise, relating to the presence of the Participant during or participation by the Participant in the activities. Participant shall have no obligation, however, to defend or indemnify if it is determined by a court of competent jurisdiction that such claim was caused by the gross negligence or willful misconduct.
_______3. The undersigned hereby assumes full responsibility for and risk of bodily injury, death or property damage while the Participant is present during or participating in our services. The undersigned expressly acknowledges and understands that accidents and injuries can occur while present during or participating, including serious and permanent personal injuries or death, and that the undersigned hereby expressly assumes any and all of the risks of participating in the above-mentioned activity or event, whether or not a particular risk is known or unknown, and regardless of whether any such risks are due to the ordinary negligence or due to a dangerous or defective condition of public property.
_______4. The undersigned expressly agrees and hereby gives permission for, and expressly assumes the risk of, any emergency medical treatment that may be rendered to the Participant if the Participant is injured while present at or participating in the activity. The undersigned agrees to expressly release and indemnify the San Diego Hiker’s Grub Club (True Wash) against any liability for providing, or failing to provide, any emergency medical treatment as set forth herein. The undersigned further agrees to pay all costs incurred because of said treatment.
_______5. The undersigned expressly agrees that the foregoing Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The undersigned has read and voluntarily signs this Release, Waiver of Liability and Indemnity Agreement, and further agrees that no representations, statements, or inducements of any kind, apart from the foregoing written Agreement, have been made.
I Have Read And Understand This Release: (All sections must be completed.) Participant: Signature_________________________ Date___________________
Print: Name_____________________________ Phone_____________
Participant’s Address: ____________________________ Telephone:()____________
IF A PARTICIPANT IS UNDER AGE 18,
A PARENT (OR LEGAL GUARDIAN) MUST SIGN BELOW.
I am the parent or legal guardian of the above stated Participant. I have read and agree to the terms stated above and hereby give permission for my child to participate at the event indicated above.
Signature ____________________________________Date________________
Parent/Guardian Name:_________________________ Phone_______________
Effective March 2023
San Diego Hiker's Grub Club 