Liability Waiver & Assumption of Risk

Trekking, mountaineering, climbing, skiing, glacier travel, camping, road travel, and travel in remote high-altitude regions involve hazards that cannot be eliminated without changing the essential nature of the journey. Professional planning, equipment, guides, and conservative decisions reduce risk but cannot make the activity risk-free.

This policy is an important risk disclosure and part of the booking framework. Namla may also require a separate signed waiver, medical declaration, or activity-specific acknowledgement before departure.

Risks include foreseeable and unforeseeable events. They may cause delay, property loss, illness, permanent disability, or death.

• Altitude illness, reduced oxygen, cold injury, heat illness, dehydration, infection, allergic reaction, and aggravation of an existing condition.

• Avalanche, rockfall, icefall, crevasses, unstable moraine, landslide, flood, river crossing, storm, lightning, severe cold, strong wind, poor visibility, and changing glacier or trail conditions.

• Falls, fixed-rope or equipment failure, technical climbing hazards, fatigue, navigation error, and the acts or decisions of participants or third parties.

• Vehicle accident, road damage, domestic flight cancellation, animal-related injury, fire, food or water illness, theft, and loss or delay of baggage.

• Remote communications, delayed medical care, limited rescue resources, helicopter unavailability, difficult ground evacuation, and extended exposure before assistance arrives.

• Government restrictions, permit decisions, civil disturbance, security events, and other conditions outside Namla’s control.

This list is illustrative and not exhaustive. Conditions can combine, and a minor issue in a city can become serious when the team is several days from a road or medical facility.

By accepting a booking and participating, you confirm that you have reviewed the itinerary and risk information, asked questions where needed, and understand that plans may change or objectives may not be reached.

You confirm that the decision to participate is voluntary and based on your own assessment. You remain responsible for obtaining independent medical, insurance, legal, and technical advice appropriate to your circumstances.

To the fullest extent permitted by applicable law, you knowingly accept the inherent risks of the booked activities, the ordinary risks of remote travel, and risks arising from your own acts, omissions, health, equipment, or failure to follow instructions.

You also accept that guides must sometimes make urgent decisions using incomplete information. A decision to turn back, descend, evacuate, or change the route may be made before a danger becomes certain.

To the fullest extent permitted by law, you release Namla Expeditions (SMC-Private) Limited, its directors, employees, guides, field staff, and agents from claims arising solely from an inherent risk you accepted, your own conduct, or the independent conduct of a third party outside Namla’s reasonable control.

Nothing in this policy excludes or limits liability where exclusion is prohibited by law. This includes liability for fraud or deliberate misconduct and any other responsibility that applicable law requires Namla to retain. Any permitted limitation is applied only to the extent lawful and reasonable in the circumstances.

Namla is not liable for indirect or consequential loss, loss of enjoyment, loss of opportunity, or business loss arising from a participant booking, except where applicable law provides otherwise.

Where you cannot provide informed instructions, you authorise the expedition leader and Namla operations team to seek first aid, medical assessment, evacuation, transport, or other assistance they reasonably consider necessary. This authority does not guarantee that care or evacuation will be available.

You are responsible for the cost of your treatment, rescue, evacuation, repatriation, additional travel, and related services, and for making an insurance claim. Namla may require payment security or insurer authorisation where providers or authorities require it.

You remain responsible for passports, money, medication, technical equipment, electronics, and personal baggage. Namla is not an insurer of personal property and is not responsible for ordinary wear, weather damage, delay, or loss outside its reasonable control.

Airlines, rescue services, hospitals, hotels, carriers, and authorities may be independent providers. Their acts, omissions, eligibility decisions, and conditions are subject to their own legal duties and terms.

To the extent permitted by law, you are responsible for loss, damage, fine, claim, or reasonable expense caused by your unlawful conduct, deliberate or reckless act, material misrepresentation, or serious breach of instructions. This does not make you responsible for loss caused by Namla’s own legally actionable conduct.

Electronic acceptance may be recorded as part of the booking. Where a signed form is requested, participation remains conditional on receipt of the completed form. A parent or legal guardian must complete any additional documentation required for an eligible participant under the age of legal majority.

If part of this waiver is not enforceable, it will be limited only as necessary and the remaining provisions continue to the fullest extent permitted by law.