South Col Expeditions
Waiver of Liability and Release
I, the undersigned, agree to this release of all claims, waiver of liability and assumption of risk (Waiver and Release). I waive any and all claims I may have now and in the future against, and release from all liability and agree not to sue South Col Expeditions (Sujoy Das), its officers, agents, representatives, employees or tour guides [hereafter referred to as the Staff] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in the trek with South Col Expeditions (Sujoy Das) due to any cause whatsoever, including without limitation, negligence on the part of South Col Expeditions (Sujoy Das), its Staff or other participants, or death or injury as a result of war, civil unrest or epidemic.
In the context of this agreement, and without limiting the generality of the term, negligence shall include any act or omission relating to guiding, prediction of avalanche danger, rainfall, snow conditions, prediction of weather conditions or any other conditions or factors that may amount to a departure from the standard of care which a person of common prudence usually takes of his own concerns having regard for the activity.
I am aware that the trek, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared; weather extremes subject to sudden and unexpected change; remoteness from normal medical services; evacuation difficulties. I accept all the inherent risks of the proposed trek and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of tour is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.
I agree that if I suffer injury or illnesses South Col Expeditions (Sujoy Das, Partner) or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. Further, I agree at all times during the trek, to abide by and comply with all the Terms and Conditions and any additional instructions given from time to time by my tour guide or any other Staff. I agree to abide by and comply with all instructions, rules or directions properly given to me by any Staff member or their delegate and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the trek.
I acknowledge and understand the dangers associated with the consumption of alcohol, any mind altering drugs or prescription medication before and during the trek and I take full responsibility for an injury, loss or damage associated with their consumption. I agree that I am solely responsible for removing myself from participation in the trek if at any time I feel unable to complete or participate in the walking.
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by South Col Expeditions (Sujoy Das, Partner) or its Staff or any other inducement or coercion to go on a trek. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this trek and Wavier and Release prior to signing it and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors.
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