Programme Participation Agreement

Approved 01.08.2024

1.1 The organizer of freeride and skitour programs FrozenRocks, hereinafter referred to as the Contractor, on the one hand offers to take part in outdoor programs and events organized by the Contractor at Kazakhstan’s and foreign mountains and ski resorts in the period from 01.10.2024 to 31.09.2025.

1.2 This agreement has the status of a public offer, payment for services under this agreement is an unconditional agreement with its terms and conditions and acceptance of this offer. The recipient of services under this agreement is hereinafter referred to as the Customer.

1.3 The list of events is published on the web-site www.frozenrocks.kz in the section Backcountry trips and Winter, and refers only to the events starting and ending in the period specified in clause 1.1.

1.4 The Customer chooses the event in which he/she wishes to participate from the list of events. Participation in the selected event is regulated by the following clauses of this offer agreement. This agreement applies to each program and event selected by the Customer separately. The term of this contract starts from the date of acceptance, which is at the same time the selection of the specific event, and until the end date of this event.

2.1 The Contractor organizes the events and programs published on the website in the specified place and on the specified dates. The event is hereinafter referred to as a outdoor program or event, which are equivalent terms within the framework of this agreement.

2.2 The program is a joint trip of skiers and snowboarders to a ski resort or other skiing area, accompanied by instructors and guides, for organized backcountry skiing of participants in groups of equal technical level, conducting informative lectures and entertainment programs.

The outing program is an amateur sport and is NOT an educational event. Documents about any qualification at the end of the program are not issued.

2.3 The Customer agrees to pay for the services in full in accordance with the terms of this agreement.

3.1 All official organizational information is published in the event announcement on the website https://frozenrocks.kz, which is an integral part of this offer. The announcement is viewed by selecting the event from the pages of the website https://frozenrocks.kz. The date agreed with the organizer of the event selected by the Customer is the date of termination of this agreement.

3.2 Services under this contract are provided only after 100% payment by the Customer of the participation fee agreed with the organizer in advance. The payment confirms the choice of a particular event or program, the agreement with the conditions of participation published in the program and the unconditional acceptance of the text of this agreement in relation to the selected event.

3.3 Responsible for the program on the part of the Contractor is the Program Manager appointed by him, who independently makes all decisions on the organization of the event from the moment of the program development to the actual completion of the event. Contacts, by which the Customer can contact the Program Manager, are indicated on the website https://frozenrocks.kz.

3.4 The Customer shall write a request for the program to the Contractor's e-mail frozenrocksteam@gmail.com. The information provided by the Customer in the application is essential for the Contractor. The Contractor and the Program Manager are not liable to the Customer for their decisions based on incorrect data provided by the Customer when making a request.

3.5 Organized freeride and ski touring programs takes place in groups with an average number of 2-5, but not more than 10 persons.

3.7 The program of joint skiing in the group is determined by the instructor or guide, based on the level of the group, taking into account: the condition of the slopes, snow availability, weather conditions and wishes of the participants.

3.8 By concluding this agreement, the Customer agrees that backcountry skiing and ski touring are technically complex sports taking place in the mountains and in the process of skiing/snowboarding  it is possible for a participant to get injured. The Contractor is not responsible for any injuries sustained by participants. If the skiing program or the route of descent or exercises offered by the instructor or guide seem too difficult to the Customer, he has the right to inform the instructor about it, the instructor should offer the participant a simpler version of the ascent or descent.

3.9 The Contractor is not responsible for additional information published in the announcement, which was provided by partners, as well as third-party organizations. Such information includes the cost of flight tickets, prices for services at ski resorts, the procedure for providing services at ski resorts and travel agencies, weather and snow conditions at the resort, the cost and procedure for excursions and other activities that are not part of this agreement.

3.10 The Customer organizes his own tour and arrival to the city of the program. Organization of additional services: ski insurance, air tickets, etc. is not the responsibility of the Contractor under this agreement. The Contractor is not responsible for the actions of companies and agencies providing these services to the Customer.

4.1 The cost of services of the selected program depends on the terms of payment and is determined by the duration and complexity of the program. Payment for participation in the program is an unconditional agreement with the terms of this contract, the choice of a particular program from the list and acceptance of this offer. The payment made or parts thereof cannot be transferred to other programs and events held by the Contractor.

4.2 Payment can be made in cash or non-cash using details provided by the program manager.

4.3 The date of payment is considered to be the receipt of money to the manager.

4.4 After the completion of the program, the service is deemed to have been provided, regardless of whether the Customer was present at the event or not, and in case of his absence, regardless of the reasons why the Customer did not participate in the event. Complaints regarding the fulfillment of this contract shall be accepted electronically to frozenrocksteam@gmail.com.

4.5 In case of the Customer's refusal from this agreement for any reason and after making 100% prepayment, the Contractor retains the cost of his expenses for the organization of the Customer's participation in the event specified in paragraph 2.1, regardless of the reason for refusal. The refund to the Customer shall be made in the following amount (apart from non-refundable expenses):

in case of refusal more than 45 days before the event, the Customer shall be refunded 75% of the cost of participation in the event;

in case of refusal from 15 to 30 days inclusive, the Customer is refunded 50% of the cost of participation in the program;

in case of refusal less than 15 days before the event, the Customer is refunded 10% of the cost of participation in the program;

in case of refusal to participate in the process of the program, the cost of participation is not refunded.

5.1 The Contractor has the right:

5.1.1 Request and receive from the Customer the information necessary for qualitative and timely rendering of the Services.

5.1.2 To address the Customer with proposals on changing or clarifying the content of the Services, if it, in the opinion of the Contractor, will contribute to the efficiency of the results of the rendered Services for the Customer.

5.1.3 To use services of any physical and legal persons for the purpose of timely and qualitative fulfillment of obligations under the contract.

5.1.4 Not to start rendering the Services until they are paid for by the Customer, as well as to terminate the Agreement unilaterally if full payment for the Services has not been made.

5.1.5 The Contractor is entitled to compensation of expenses incurred in preparation of the program in case of the Customer's refusal to perform the services after full payment for his participation in the program.

5.1.6 To cancel the program in case weather conditions or snow condition are dangerous for life or health of the participants and the Contractor and its representatives. In this case, no compensation is paid to the Customer for the courses or program not held, and this item falls under the circumstances described in clause 8.

5.2 The Contractor shall:

5.2.1 Advise the Customer on how to make the request so that the information reflected therein enables the Contractor to provide the Services in a professional and timely manner.

5.2.2 Properly provide the Customer with the Services in accordance with the request within the established timeframe.

5.2.3 Comply with the program published on the website.

5.3 The Customer has the right:

5.3.1 To apply to the Contractor for consultations in the process of preparation of the program and provision of the Services.

5.3.2 To apply to the Contractor with requests to render additional services to the Customer. In this case a separate Request for additional services shall be made out.

5.3.3 To apply to the Contractor with a request to adjust the content of the program.

5.3.4 To participate or not to participate in the paid event fully or partially, in case of non-participation of the Customer in the program for any reason, no compensation for missed days shall be paid to him.

5.4 The Customer shall:

5.4.1 Pay for the services of the Contractor.

5.4.2 Independently familiarize himself with the official information about the program on the website and follow its updates.

5.4.3 Keep the documents confirming the payment for the Contractor's services and provide them at his request.

5.4.4 Provide the Contractor with all available information and documents necessary for the provision of Services.

6.1 The Parties shall ensure confidentiality of information and documents received from the other Party, if the information is of closed nature or if the transferring Party considers their disclosure undesirable. Transfer of such information to third parties, its publication or disclosure may be carried out only by mutual consent of the Parties.

7.1 For non-fulfillment or improper fulfillment of responsibilities assumed under this Agreement the Parties shall be liable in accordance with the current civil legislation of the Republic of Kazakhstan, which is the applicable law in the execution of this Agreement.

8.1 None of the Parties shall be liable to the other Party for partial or full non-fulfillment of responsibilities under this Contract due to force majeure circumstances, i.e. extraordinary and unavoidable under the given conditions circumstances that have arisen beyond the will and desire of the Parties and which cannot be foreseen or avoided. Among these circumstances: declared or actual war, civil unrest, epidemics, fires, earthquakes, floods and other natural disasters and weather phenomena (including lack of snow, high avalanche danger at the resort or sport), threatening the life and health of the Customer and the Contractor's personnel, or making it impossible to hold the event in the declared format, as well as the issuance of acts of state authorities of Kazakhstan or other states, preventing the fulfillment of responsibilities.

8.2 The Party that fails to fulfill its responsibilities due to force majeure circumstances shall immediately notify the other Party of such circumstances and their impact on the fulfillment of responsibilities under this Agreement, and then, of the new term in which it is expected to fulfill responsibilities under this Agreement. The notification shall be made through an announcement on the Website, as well as by mailing via e-mail or by phone to the addresses and numbers specified in the Request within two days.

8.3 If the Party fails to send or untimely sends to the other Party notification about the beginning and termination of force majeure circumstances, this Party shall be obliged to compensate the other Party for the losses caused by the absence of the said notification or untimely receipt of the notification.

9.1 Claims and disputes regarding the event that have not been settled with the Program Manager are accepted by e-mail info frozenrocksteam@gmail.com not later than 14 days from the end of the event, the decision on claims is made within 14 days from the date of their receipt.

9.2 All disputes arising between the Parties under this Agreement or in connection with it shall be settled by negotiations between the Parties.

9.3 If it is impossible to reach an agreement through negotiations, all disputes, disagreements or claims arising from this Agreement or in connection with it, including those related to its execution, violation, termination or invalidity, shall be considered in court at the location of the Contractor.