Assumption of risk and parental responsibility waiver

Huayhuash Trek – Andes Treks (Wander Free Peru E.I.R.L.)

1. Nature of the activity

The Huayhuash Trek is a multi-day, high-altitude trekking expedition in a remote mountain region of Peru. It involves physical exertion, steep and uneven terrain, cold temperatures, variable weather, river crossings, and camping in basic conditions.

Medical facilities and emergency services may be limited, unavailable, or significantly delayed.

Participants acknowledge that the Huayhuash Trek reaches altitudes of approximately 5,200 meters and involves exposure to extreme environmental conditions.

Risks include, but are not limited to:

  • Acute Mountain Sickness (AMS), HAPE, HACE
  • Severe weather including snow, hail, wind, and lightning
  • Rockfall, landslides, and unstable terrain
  • Animal-related incidents involving horses, donkeys, and mules
  • Remote environments with limited communication
  • Delayed or restricted access to emergency evacuation

Participants understand that serious injury or death may occur even when following all instructions and safety measures.

2. Assumption of risk

By participating in the Huayhuash Trek, the participant voluntarily assumes full responsibility for all risks associated with the activity, including those arising from:

  • Natural environmental conditions
  • Altitude and terrain
  • Equipment and logistics
  • Third-party services and independent contractors
  • Operational decisions made during the trek

The participant acknowledges that these risks cannot be eliminated and may result in injury, illness, permanent disability, or death.

Participation is entirely voluntary and at the participant’s own risk.

3. Health & medical responsibility

The participant confirms that all relevant medical conditions, allergies, or physical limitations have been disclosed in advance, in accordance with the Terms & Conditions.

This includes, but is not limited to:

  • Heart conditions
  • Respiratory conditions (e.g. asthma)
  • Neurological conditions (e.g. epilepsy)
  • Diabetes
  • Severe allergies
  • Recent surgeries
  • Psychiatric conditions
  • Relevant medication use

The participant is fully responsible for:

  • Carrying all required personal medication
  • Knowing how to use such medication
  • Informing the guide of any medical concerns

The participant acknowledges that:

  • Access to professional medical care may be limited or delayed
  • Food contamination cannot be fully prevented in remote environments

Participants with allergies or medical conditions accept these risks.

Failure to disclose relevant medical information may result in exclusion from the trek without refund and releases Andes Treks from related liability to the fullest extent permitted by law.

The participant authorizes Andes Treks and its guides to make decisions for safety, including:

  • Route and itinerary changes
  • Shortening or stopping the trek
  • Adding rest days
  • Evacuating participants
  • Arranging medical treatment

The participant further authorizes Andes Treks to arrange:

  • Evacuation by horse, mule, stretcher, vehicle, or other means
  • Transport to clinics, hospitals, or medical facilities
  • Assistance from local authorities or communities

These decisions are binding and made in the interest of safety.

3b. Emergency and evacuation costs

The participant acknowledges that emergency evacuation in remote areas may involve horses, mules, stretchers, vehicles, or local support.

All costs related to:

  • Rescue
  • Evacuation
  • Medical treatment
  • Transport
  • Accommodation
  • Logistics

are the sole responsibility of the participant.

If Wander Free Peru E.I.R.L. or Andes Treks advances any such costs, the participant agrees to fully reimburse all amounts upon request, regardless of insurance coverage.

3c. Third-party services

The participant understands that certain services during the trek may be provided by independent contractors or local providers, including:

  • Guides
  • Muleteers
  • Transport providers
  • Emergency support

Wander Free Peru E.I.R.L. and Andes Treks are not liable for the acts or omissions of such third parties, except where required by law.

4. Parental responsibility for minors

If the booking includes a participant under the age of 18, the parent or legal guardian acknowledges and accepts full responsibility for the minor’s:

  • Participation
  • Supervision
  • Health
  • Safety
  • Decision-making

The parent or legal guardian confirms:

  • They have assessed the minor’s physical and mental fitness
  • The minor is capable of participating in a high-altitude trek

The parent or legal guardian understands that:

  • Guides provide professional guidance and logistical support
  • Guides do not replace parental supervision

The parent or legal guardian remains responsible at all times.

Andes Treks and its guides have the final authority to stop a minor’s participation for safety reasons, even if the parent or guardian disagrees.

5. Guide authority and operational control

Participants agree to follow the guide’s instructions and decisions at all times, as also defined in the Terms & Conditions.

The guide has full authority to:

  • Modify the itinerary
  • Change route, campsites, or pace
  • Add rest days
  • Shorten or stop the trek
  • Evacuate participants
  • Arrange medical treatment

Participants acknowledge that:

  • Campsites, routes, and conditions are influenced by local communities and external factors
  • No specific route, pass, campsite, or viewpoint is guaranteed

Such decisions do not entitle the participant to refunds or compensation.

5a. Personal responsibility

The participant is solely responsible for:

  • Their physical condition
  • Their preparation and acclimatization
  • Their equipment
  • Their decision to participate

The participant acknowledges that failure to properly prepare, acclimatize, or follow safety guidance increases the risk of injury or illness and does not create liability for Andes Treks.

6. Release of liability

To the fullest extent permitted by applicable law, the participant (or parent/legal guardian) releases and discharges Wander Free Peru E.I.R.L. and Andes Treks, including their:

  • Owners
  • Staff
  • Guides
  • Contractors
  • Partners

from liability for injury, illness, loss, damage, or death arising from participation in the Huayhuash Trek, except in cases of gross negligence or intentional misconduct under Peruvian law.

The participant agrees not to bring claims against the company except to the extent permitted by mandatory applicable law.

6a. Limitation of liability

To the fullest extent permitted by law, the total liability of Wander Free Peru E.I.R.L. and Andes Treks for any claim arising from participation in the trek is limited to the total amount paid for the tour.

7. Governing law and jurisdiction

This waiver is governed by and interpreted in accordance with the laws of the Republic of Peru.

Any disputes shall be resolved exclusively in the courts of Huaraz, Ancash, Peru, in alignment with the Terms & Conditions.

7a. Survival

This waiver remains in effect after completion or termination of the tour and applies to any claims arising from participation.

8. Acknowledgment and digital signature

By completing the booking and digitally signing this waiver through the WeTravel platform, I confirm that:

  • I have read, understood, and accepted all terms of this waiver in full
  • I understand the risks involved in high-altitude trekking
  • I voluntarily accept full responsibility for participation

I confirm that I am signing:

  • As the participant, or
  • As the parent/legal guardian authorized to sign on behalf of all participants included in this booking

Digital acceptance, booking records, and waiver confirmations may be used as legally binding evidence of agreement.

This waiver is legally binding upon digital signature and does not require a handwritten signature.