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Participant Terms & Conditions, Release of Liability, and Assumption of Risk Agreement

Please read this page carefully. By booking a tour and checking the acknowledgment box on our booking platform, you agree to all terms, conditions, and liability releases outlined herein. If you are booking on behalf of a group or minors, you certify that you have the authority to accept these terms on their behalf.
 

1. Booking, Capacity, and Registration
 

Amid the Stars LLC (hereafter referred to as "the Company") operates small-group, limited-capacity astronomical experiences. Because spaces are strictly regulated to provide an intimate educational environment and to comply with local and federal land-use permits, all bookings must be paid in full at the time of reservation. Registration is only valid for the specific date, time, and tour itinerary selected during checkout.

Minimum Guest Requirement: To provide a sustainable group dynamic, all scheduled stargazing tours require a minimum of two (2) participating guests to operate. In the event that only one (1) guest is booked for a specific night, the Company will contact the guest prior to the scheduled tour start time. The single guest will be offered the choice to receive a full refund or to reschedule to a future available tour at no additional charge.
 

2. Cancellation and Refund Policy
 

Because our stargazing tours are small-group experiences with limited capacity, cancellations affect our ability to offer that space to other guests. Our cancellation structure balances fairness to our guests with the operational realities of running a specialized outdoor guide service:
 

  • Cancellations made 48 hours or more before the tour start time are eligible for a full refund or reschedule at no charge.

  • Cancellations made 24–48 hours before the tour can reschedule to a future tour at no additional charge (no refunds will be issued).

  • Cancellations made less than 24 hours before the tour are not eligible for a refund, but may be eligible for rescheduling at the Company's discretion.

  • No-shows are not eligible for refunds or reschedules.



3. Weather and Visibility Policy
 

Stargazing is an inherently weather-dependent activity. Dark skies, cloud cover, transparency, and seeing conditions are beyond the control of the Company. Tours will proceed under partial cloud cover if astronomical viewing remains viable. However, in cases of severe cloud cover, rain, snow, heavy smoke, or high-wind, the Company reserves the absolute right to cancel the tour for guest safety and equipment protection.
 

In the event that the Company cancels a tour due to weather or unsafe environmental conditions, guests will be notified via email as early as possible (typically 3 hours prior to the scheduled start time). Under a Company-initiated cancellation, guests will receive their choice of a 100% refund or a rescheduled slot on a future tour. The Company is not responsible for any ancillary expenses incurred by guests (e.g., lodging, travel, or vehicle rentals) due to a weather cancellation.


4. Inherent Risks and Express Assumption of Risk

 

PLEASE READ CAREFULLY: Outdoor activities at night involve inherent risks that cannot be completely eliminated.

By participating in a tour, you explicitly acknowledge and accept that the experience takes place entirely after dark in a natural forest environment, specifically within mountain ranges and public forest lands. The inherent risks include, but are not limited to:
 

  • Terrain Hazards: Walking, standing, and moving in near-total darkness over unlit forest terrain, which may feature rocks, tree roots, loose gravel, steep drop-offs, hidden depressions, and slippery surfaces.

  • Environmental Factors: Rapidly dropping temperatures, extreme cold, mountain wind, frost, and high-altitude conditions (exceeding 7,000 feet above sea level), which can exacerbate pre-existing respiratory or cardiovascular conditions.

  • Local Wildlife: Natural encounters with forest wildlife, including but not limited to nocturnal insects, reptiles, bats, large mammals (such as bears or mountain lions), and domestic animals.

  • Equipment Risks: Navigating around heavy, specialized scientific equipment, telescopes, tripods, and electrical cables in the dark, where tripping or collisions may occur.


You voluntarily, freely, and expressly assume all such risks, both known and unknown, and assume full responsibility for your participation and physical safety during the tour.
 

5. Release of Liability and Indemnification
 

To the maximum extent permitted by law, you hereby release, waive, covenant not to sue, and forever discharge Amid the Stars LLC, its owners, officers, employees, independent contractors, guides, and authorized agents from any and all liability, claims, demands, actions, or causes of action arising out of ordinary negligence, personal injury, property damage, illness, or wrongful death occurring during, or as a consequence of, your participation in the tour.
 

You further agree to indemnify, defend, and hold harmless the Company from any claims, liabilities, or financial losses (including attorney fees) brought by third parties, family members, or co-participants arising from your conduct, actions, or presence on the tour.
 

6. Participant Conduct, Safety Rules, and Equipment Use
 

To maintain safety and protect the overall event environment, all participants must strictly adhere to the following rules:
 

  • Recommended Attire: Because mountain temperatures drop significantly after dark, heavy layers, jackets, beanies, and gloves are recommended to ensure your comfort throughout the experience.

  • Substance Restriction: The consumption of alcohol or illegal substances before or during the tour is strictly prohibited. Any participant exhibiting signs of impairment will be immediately removed from the tour area at their own expense, and no refund or reschedule will be issued.

  • Equipment Boundaries: Specialized optical telescopes and mountings are highly sensitive. Participants may only touch or interact with equipment under the direct supervision and instruction of the tour guide.



7. Minor Participants
 

Participants under the age of 18 ("Minors") must be accompanied at all times by an adult. The accompanying adult assumes full responsibility for the conduct, safety, and compliance of the minor(s) throughout the duration of the experience. By signing or digitally checking this agreement, the parent or guardian expressly binds the minor to all waivers, releases, and terms herein.
 

8. Governing Law and Severability
 

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal action, mediation, or arbitration arising from this agreement shall be filed exclusively in a court of competent jurisdiction in the County of San Bernardino, California. If any provision or portion of this Agreement is found to be invalid or unenforceable by a court of law, the remaining provisions shall continue in full force and effect.
 

ACKNOWLEDGMENT OF UNDERSTANDING: BY DIGITALLY CHECKING THE AGREEMENT BOX DURING THE BOOKING PROCESS, I CERTIFY THAT I HAVE READ THIS ENTIRE DOCUMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND ACCEPT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT

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