Waiver of Liability, Release of Liability and Assumption of risk Agreement.
Read this Agreement carefully. A Parent or Guardian must sign for minors (under 18 years of age). The Parent or Guardian must sign their own Agreement separately if also participating in any of the activities.
Surf Gwada, herein after referred to as Surf Gwada, its respective owners, employees, agents, representatives, independent contractors, and assigns, accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect, default of any company or person in performing tour guiding, sightseeing, excursions, or any other activities connected with Surf Gwada services. Surf Gwada, which acts as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, or of any other person or entity. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.
Assumption of Risk:
I have voluntarily applied to participate in the tour on which I am booked, which will involve Cultural Tours, Trekking, Swimming, and/or other outdoor and adventure sports (“Adventure Activities”). I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Adventure Activities; negligence in any manner on the part of Surf Gwada, emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; or any other actions, omissions, or conditions outside of Surf Gwada’s control.
I assume full and complete responsibility for checking and confirming any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those destinations.
I acknowledge that I have been strongly encouraged to obtain suitable medical insurance prior to participating on a tour.
I understand and agree that Surf Gwada is not responsible for any baggage or personal effects of any individual participating in the tours/trips arranged by Surf Gwada. I am responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
Release of Liability:
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Surf Gwada, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Surf Gwada, I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER Surf Gwada, their owners, tour guides, employees, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Surf Gwada.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release Surf Gwada from any and all liability to the maximum extent permitted by law.
I further agree to “indemnify” (meaning to defend and to pay or reimburse) Surf Gwada against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the expedition or my participation in the Adventure Activities.
Knowing and Voluntary Execution: I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all of its conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I understand that in calculating the cost of the tour, Surf Gwada has relied on my consent to these terms and their enforceability. Without this agreement, the tour cost would have been higher or, alternatively, Surf Gwada would not be able to offer these services.
I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.