RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
- “South Col Expeditions” means and includes all officers, partners, employees, volunteers, trek leaders, guides, porters, staff, agents, representatives, successors and assigns (hereinafter collectively referred to as the “South Col”);
- “Activities” means and includes all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by South Col and shall include, but is not limited to participating in ______________________ Trek (Name of the Trek) (hereinafter referred to as the “Trek”), observing or otherwise moving on or around the premises of South Col or any other such activities, events or services in any way connected with or related to South Col.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS:
- I am aware that the physical exertion required of trekking and the forces exerted on the body can activate/aggravate pre-existing physical injuries, conditions, or congenital defects. I shall seek and obtain medical advice and/or medical clearance from a qualified medical practitioner if I know of or suspect that my physical condition may be incompatible with the Trek organized by South Col.
- I am aware that participation in the Activities involves inherent risks, dangers and hazards including, but not limited to slips and falls, falls from heights, difficult natural and/or man -made terrain, the use of ladders, crossing of rivers using bridges, logs or stones, impact or collision with trees, platforms or other natural or man -made objects, collision with other participant(s), guide(s) or spectator(s), the failure to remain within designated areas, negligence of other participant(s) and negligence on the part of South Col, including the failure on the part of South Col to take reasonable steps to safeguard or protect me from the risk(s), danger(s) and hazard(s) of participating in the Activities.
- I am also aware that the terrain used for the Trek may be uncontrolled, unmarked and not inspected. Communication in the remote terrain, which is sometimes used for the Trek, is difficult and in the event of an accident, rescue and medical treatment may not be readily available.
- I agree to follow all the Trek Regulations set out hereinbelow and/or any other instruction that may be issued by South Col as and when required.
- I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therein.
- The Trek shall be led by a leader (hereinafter referred to as “Trek Leader”) and assisted by guides/ porters/ support staff (hereinafter collectively referred to as “Guide”).
- During the Trek, the participant(s) shall abide by the instructions and decisions of the Trek Leader and/ or Guide(s).
- Disputes on the Trek on account of any reason whatsoever shall be decided by the Trek Leader only. The decision of the Trek Leader shall be final and binding on all participant(s).
- In the event, the participant(s) disobey the instructions/ directions of the Trek Leader and/ or Guide(s), the participant(s) shall be solely responsible for any and all risks, responsibilities and/or consequences that may arise.
- Consumption of alcohol, cigarettes, other tobacco products, drugs etc., is strictly prohibited on the Trek. South Col reserves the right to stop any participant(s) from continuing on the Trek if found to be consuming the abovementioned items. In the event a participant is prohibited from continuing on the Trek, the participant(s) is not entitled to any refund of the amounts already paid to South Col and/or any third parties.
- In case of any medical problems, ailments, disorders etc. or symptoms of the same, arising during the Trek, the participant(s) shall inform the Trek Leader about the same, at the earliest. If required, the participant(s) will have to take medical treatment from the doctor/attendant available on the campsite or from the nearest available medical centre or hospital and may include evacuation from the Trek to seek further medical assistance. In the event of such medical problems, ailments, disorders, evacuation etc. the Trek Leader shall have the sole discretion to decide whether the participant(s) can continue to participate in the Trek. The expenses for all medical treatment, arrangements for the same and/ or evacuation will be borne completely by the participant. In the event of an evacuation for medical reasons, the participant(s) is not entitled to any refund of the amounts already paid.
- If the participant(s) at any stage chooses to leave the Trek, for any reason whatsoever, the participant(s) shall be solely responsible for any cost, consequences and responsibilities that may arise from such decision. In the event, of the participant(s) leaving the Trek, the participant(s) is not entitled to any refund of the amounts already paid to South Col and/or any third parties.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of South Col allowing me to participate in the Trek and permitting my use of their property, trails, 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 South Col and TO RELEASE South Col from any and all liability for any loss, damage, expense or injury including death I may suffer as a result of my use of the facilities or my participation in the Trek, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of South Col, and including the failure on the part of South Col to safeguard or protect me from the risks, dangers and hazards of participating in the Activities;
- TO HOLD HARMLESS AND INDEMNIFY South Col for any claims or demands resulting from any property damage or personal injury to any third party, which might be made against South Col resulting from my participation in the Activities and my use of the trail, equipment, premises or facilities.
- That this agreement shall be effective and binding upon my heirs, next of kin, administrators, assigns and representatives, in the event of my death or incapacity.
- That this agreement shall be governed and interpreted in accordance with the laws of the Republic of India and any litigation involving the parties shall be brought within the exclusivejurisdiction of the courts at Kolkata, India.
- In entering into this agreement, I am not relying on any oral or written or visual representations or statements made by South Col with respect to the safety of the Activities, other than what is set forth in this agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST SOUTH COL.
SIGN [Signature of Parent/Guardian if the participant(s) is under 18 years of age]
For Official Use Only [Fill in Block Letters]:
Date of Birth:
Emergency Contact Information:
Name of Emergency Contact: