Release of liability, waiver of claims, assumption of risks and indemnity agreement for participants (hereinafter referred to as the “Release Agreement).
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS, PLEASE READ IT CAREFULLY! BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
Every person MUST read, understand, complete in full and sign this Release Agreement prior to participating in Activities.
TO: SYZYGY ECOSPORTS and its owners, directors, officers, employees, instructors, guides, agents, representatives, volunteers, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”).
In this Release Agreement, watersport activities (hereinafter “the Activities”) shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: ocean kayaking, kayaking in surf or moving water, still water and ocean canoeing; sea kayaking expeditions, backwater expeditions, mangrove forest trips; surfing, sailing, stand up paddling; power boating, cruise boating; wilderness travel, hiking, camping; rental of canoes, kayaks, surf boards, stand up paddle-boards, dragon boats, motorboats, powerboats, cruise boats, fishing boats, and sailboats (hereinafter “the boats”) and other equipment; orientation and instructional courses, seminars, trainings and sessions; and all transportation or travel to and from the river or lake or backwaters or sea; loading and unloading of boats or equipment; and setting up and dismantling of equipment either on the water or shore.
I acknowledge that I have been advised to wear a PFD while participating in all Paddling and Sailing Activities whether on or in close proximity to water. I acknowledge that I have been advised to wear a helmet for whitewater and sea. Instruction in the proper use of the helmet and PFD is available from the instructor along with guidance on when to wear a helmet. I am aware that the physical exertion required by Paddling, Rowing, Boating and Sailing Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms, or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with the Paddling and Sailing Activities. I acknowledge that I am not nor will I be under the influence of drugs or alcohol while participating in the Paddling, Rowing, Boating and Sailing Activities. I have been advised to cover all cuts and abrasions prior to taking part in Paddling, Rowing, Boating and Sailing Activities and to wash hands after the Activities.
I am aware that the Activities involve many inherent risks, dangers and hazards, including but not limited to: accidents which occur during transportation or travel to and from the river or lake or sea; slip and falls while getting into or out of the boats; overturning of the boats; loss of balance; accidents that occur during bankside scouting or viewing; sudden violent and unexpected movement of the boat; impact, collision with or entrapment by trees, logs, rocks, deadfall, boats or equipment; equipment failure; hypothermia; changing and inclement weather conditions including storms, high winds, high waves, currents, and lightning; on land or camping hazards such as falling due to uneven terrain, unstable beach logs, slippery rocks, falling branches, campfire, pressurized cooking fuels and appliances, kitchen equipment, hot liquid; encounters with domestic or wild animals; negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, PARALYSIS, PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
In consideration of the RELEASEES agreeing to my participation in the Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the Activities;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Kerala in India where the Activities take place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the State of Kerala where the Activities take place and shall be within the exclusive jurisdiction of the Courts of the State of Kerala in India.
- PHOTO RELEASE – I consent to photographs and videos taken of me during my participation in the Activities, and to publication of the photographs and videos by SYZYGY ECOSPORTS for advertising, promotional and marketing purposes.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
There are significant elements of risk in adventure activities. The risks are inherent and are present even if the equipment is used properly and under supervision in outdoor environment. Some of these risks contribute to the loss or damage of a client’s personal clothing, equipment, or valuables. Water-proof and water-resistant bags and pouches given by the Releasees to minimise the risk exposure do not guarantee prevention of loss or damage to your properties. Your personal effects are your responsibility at all times. The Customer assumes all risks of loss or damage to personal properties from any cause whatsoever, including but not limited to digital cameras, eyewear, optics, contact lenses, hats, footwear, jewellery, ornaments, vehicle keys, tablets, mobile phones, headphones, speakers, music players, wallets, organizers, hydration containers, watches, fitness bands or other electronic gadgets.