Expedition Participation Agreement and Release

1. Expedition Details

Expedition Fee: As set forth in the Participant’s confirmed booking or invoice
Deposit Required: 25% of the Expedition fee
Balance Due: As set forth in Payment Terms below

2. Payment Terms and Incorporation of Terms & Conditions

A deposit equal to twenty-five percent (25%) of the Expedition fee is required to secure participation.

SOE may, at its discretion, offer a provisional hold on a reservation for up to fourteen (14) days. A provisional hold does not constitute a confirmed reservation. If another prospective Participant seeks to reserve the same space, SOE will notify the Participant holding the space, who will have twenty-four (24) hours to submit the required deposit and signed Agreement. If not received, SOE may release the space without further notice.

Participation is confirmed only upon receipt of both this signed Agreement and the required deposit.

An additional payment equal to twenty-five percent (25%) of the Expedition fee is due one hundred fifty (150) days prior to departure.

The remaining balance is due no later than one hundred twenty (120) days prior to departure.

Failure to remit any payment by the specified due date may result in cancellation of Participant’s reservation and release of the Participant’s space to another Participant, subject to the Cancellation and Refund Policy below.

All bank fees, wire fees, and currency conversion costs are the responsibility of the Participant. The full Expedition fee must be received by SOE.

Participant agrees not to initiate chargebacks or payment disputes without first contacting SOE to resolve the matter in good faith.

3A. Cancellation and Refund Policy

All cancellations must be made in writing and are effective upon receipt by SOE.

If Participant cancels participation:

• More than one hundred fifty-one (151) days prior to departure: Twenty-five percent (25%) of the Expedition fee is non-refundable.
• One hundred fifty (150) to one hundred twenty-one (121) days prior to departure: Fifty percent (50%) of the Expedition fee is non-refundable.
• One hundred twenty (120) days or less prior to departure: One hundred percent (100%) of the Expedition fee is non-refundable.

Participant acknowledges that expedition pricing is based on limited capacity and fixed operational costs.

Expedition Changes and Cancellation by SOE

Expeditions operate in remote and environmentally dynamic regions. Itineraries, routing, dive locations, and schedules may change due to weather, sea state, ice conditions, operational considerations, port restrictions, or safety decisions. Such changes do not constitute a cancellation.

If SOE cancels the Expedition prior to the start date for reasons within its sole control, SOE’s liability shall be limited to a refund of payments actually received by SOE for the Expedition. SOE shall not be responsible for any indirect, incidental, or consequential losses, including airfare, accommodations, equipment purchases, or other travel-related expenses.

Participants are responsible for securing insurance to cover such risks.

3B. Transfer of Reservation

Payments may be transferred to a future expedition up to two (2) times, provided the request is made more than one hundred twenty (120) days prior to the scheduled departure date. In such cases, transferred payments will be applied to the new expedition and future payment obligations will be adjusted according to the payment schedule applicable to the new departure date.

Transfer requests made within one hundred twenty (120) days of departure may be permitted only if the Participant has paid the full expedition fee and remains subject to all applicable cancellation terms. SOE reserves the right to deny transfer requests made within one hundred twenty (120) days of departure.

All transferred travel must be completed within twenty-four (24) months of the original expedition departure date. Transfers are subject to availability and any applicable price differences at the time of rebooking.

Participant acknowledges that SOE is not obligated to operate future expeditions of a similar nature or at all, and that the opportunity to transfer is contingent upon availability of future departures. If no such departures are available within the applicable time period, no refund shall be due.

4. Insurance

Participant is required to obtain comprehensive travel insurance, including coverage for trip cancellation, trip interruption, medical expenses, and emergency medical evacuation. It is the Participant’s responsibility to review and understand the terms of any policy.

Participant acknowledges that cancellation penalties apply regardless of personal circumstances, including illness, injury, family emergency, travel disruption, weather events, or other unforeseen circumstances.

Participant understands and agrees that travel insurance may be the sole source of reimbursement for prepaid expedition fees in the event of cancellation or interruption, including if SOE cancels or curtails the Expedition due to a Force Majeure Event.

Cancellation penalties apply in accordance with the above schedule regardless of the Participant’s payment status at the time of cancellation.

5. Certification, Experience, Competence, and Medical Fitness

Participant affirms and warrants that they meet the following minimum expedition standards:

• Hold Advanced Open Water certification (PADI) or equivalent or higher from a recognized agency, including but not limited to SSI Advanced Adventurer, NAUI Advanced Scuba Diver, SDI Advanced Adventure Diver, TDI Advanced Diver, CMAS 2-Star Diver, BSAC Sports Diver, or equivalent international certification;
• Have logged a minimum of one hundred fifty (150) lifetime scuba dives;
• Have completed at least twenty (20) logged drysuit dives;
• Personally own and be proficient with a properly fitting drysuit, appropriate thermal undergarments, and cold-water diving equipment suitable for polar conditions;
• Demonstrate consistent mastery of buoyancy control and trim while diving a drysuit with appropriate exposure protection and weights;
• Have prior experience diving in cold-water environments with water temperatures generally ranging between approximately 0°C and 14°C (32°F to 58°F).

These requirements reflect baseline eligibility only. Final participation remains subject to SOE’s evaluation of competence, equipment readiness, and overall preparedness for polar diving conditions.

Duty of Accuracy and Disclosure

Participant affirms that all representations regarding certification, logged dives, cold-water experience, drysuit experience, medical history, and physical condition are truthful and complete.

Misrepresentation, exaggeration of skill level, or omission of relevant medical or experiential information may result in restriction or removal from diving activities or the Expedition without refund.

Medical Fitness and Impairment

Participant affirms that they are medically fit to engage in advanced cold-water, drysuit diving in a remote polar environment.

Participant agrees that:

• They have disclosed all relevant medical conditions;
• They are not under the influence of alcohol, medication, or substances that impair judgment or physical performance;
• They will obtain physician clearance if required by standard diving medical screening protocols or requested by SOE.

SOE reserves sole discretion to prohibit diving participation if a Participant appears impaired, fatigued, medically unfit, or otherwise unsafe to dive.

Removal from diving activities for safety reasons shall not result in refund.

6. Assumption of Risk, Release of Liability, and Indemnification

A. Definition of Released Parties

“Released Parties” shall include Seven Oceans Expeditions, LLC, its owners, officers, directors, employees, contractors, expedition leaders, dive professionals, agents, affiliated companies, vessel owners and operators, charter providers, captains, crew, destination management companies, local guides, subcontractors, service providers, and any other individuals or entities engaged in the planning or operation of the Expedition.

B. Acknowledgment of Diving Risks

Participant understands that scuba diving, including cold-water and drysuit diving, involves inherent risks including but not limited to decompression sickness, arterial gas embolism, oxygen toxicity, inert gas narcosis, hypoxia, hypercapnia, barotrauma, equipment malfunction, drowning, panic, marine life injuries, and injuries requiring recompression treatment.

Participant acknowledges that many Expedition destinations lack an operational hyperbaric recompression chamber capable of routinely treating diving-related injuries locally. Advanced hyperbaric treatment facilities may be located in another country, requiring air or sea evacuation subject to weather conditions, transport availability, and international coordination.

C. Expedition and Maritime Risks

Participant understands that this is a remote, vessel-based polar expedition involving risks including maritime hazards, severe or rapidly changing weather, slippery or unstable surfaces, boarding and disembarking vessels, wildlife encounters, mechanical failure, limited medical infrastructure, evacuation delays, and travel disruptions.

Emergency response and medical treatment may be significantly delayed due to geographic isolation.

D. Assumption of Risk

Participant voluntarily and knowingly assumes all risks associated with participation in the Expedition, whether known or unknown, foreseeable or unforeseeable.

E. Release and Waiver

In consideration for participation, Participant releases and discharges the Released Parties from any and all claims, liabilities, damages, or causes of action arising from participation in the Expedition, including claims arising from ordinary negligence.

This release does not apply to gross negligence or willful misconduct where prohibited by law.

F. Medical Diversion and Safety Priority

The health, life, and safety of any Participant or crew member takes absolute priority over itinerary, dive schedule, or expedition objectives.

In the event of a medical emergency, suspected decompression illness, injury, or other health-related incident, the vessel may divert, alter course, return to port, terminate diving operations, or otherwise modify the planned itinerary.

SOE will make reasonable efforts to maintain the planned Expedition schedule; however, safety considerations may require substantial deviation.

No refund, credit, or compensation shall be provided for missed dives, altered itinerary, or shortened Expedition duration resulting from medical emergencies.

G. Indemnification

Participant agrees to indemnify and hold harmless the Released Parties from any claims brought by third parties arising from Participant’s conduct during the Expedition.

7. Conduct and Alcohol Policy

Alcoholic beverages may be available onboard in limited quantities following completion of daily diving activities.

Participant agrees that alcohol consumption must not impair fitness to dive.

SOE reserves sole discretion to prohibit diving participation for any individual who appears impaired, fatigued, or otherwise unsafe.

Removal from diving activities for safety reasons shall not result in refund.

8. Force Majeure

SOE shall not be liable for delay, alteration, or cancellation due to events beyond its reasonable control, including weather, sea conditions, mechanical failure, government action, labor disputes, public health emergencies, or other force majeure events.

No refund, credit, or compensation shall be provided for delays, alterations, or cancellations resulting from Force Majeure events.

9. Dispute Resolution and Binding Arbitration

Any dispute arising out of or relating to this Agreement or participation in the Expedition shall be resolved exclusively through binding arbitration conducted in the State of New York pursuant to the rules of the American Arbitration Association (AAA).

Arbitration shall be conducted before a single neutral arbitrator.

Arbitration shall be conducted on an individual basis only and not as part of a class, consolidated, or representative action.

10. Waiver of Jury Trial

Participant and SOE knowingly and voluntarily waive any right to trial by jury in any legal proceeding arising out of or relating to this Agreement or participation in the Expedition.

11. Governing Law

This Agreement shall be governed by the laws of the State of New York, in the United States of America.

12. Entire Agreement

This Agreement, together with SOE’s Terms & Conditions, constitutes the entire agreement between the parties.

If any provision is held unenforceable, the remainder shall remain in effect.