waiver of claims
WAIVER OF ALL CLAIMS, RELEASE FROM LIABILITY AND ASSUMPTION OF RISK I, ____________________, hereby acknowledge and agree that in my participation in adventure activities by Barlow Adventurers:
1. I will not hold Barlow Adventurers, its officers, directors and employees responsible for any injury, death, accident, illness, delay, personal loss, personal property damage or other loss sustained by me and hereby release Barlow Adventurers, its officers, directors and employees due to any cause whatsoever, including without limitation, negligence on the part of Barlow Adventurers or its employees. I further agree to indemnify Barlow Adventurers, and its employees for any and all legal fees (on a solicitor and his own client basis) or costs which may be incurred in defending any lawsuit or claim I may bring against them.
2. AND I DO HEREBY ACKNOWLEDGE AND AGREE THAT:
(a) I will participate in adventure activities entirely at my own risk. Participation in any outdoor activity and travel in natural, outdoor environments involve inherent risks, dangers and hazards. These risks may include, but are not limited to: natural disasters, forces of nature, weather conditions, rugged or steep terrain, avalanches, rock fall, slippery footing, water, isolation from medical facilities, difficult evacuation, equipment failure, mechanical breakdown, human error and accidents. These and other risks may cause serious injury, illness, death, personal property damage or personal losses.
(b) That this Waiver of all Claims, Release from Liability and Assumption of Risk is binding on myself, my heirs, my executors, administrators, personal representatives and assigns.
(c) That the term "adventure activities" as used in the Waiver of all Claims, Release from Liability and Assumption of Risk includes without limiting the generality of that term, training sessions, programs and events that are in any way authorized, sanctioned, organized or operated by Barlow Adventurers.
(d) I understand that by signing this release I may be forever prevented from suing or otherwise claiming against Barlow Adventurers, its officers, directors and employees for certain loss or damages, whether for property loss or personal injury, that I may sustain while participating in adventure activities.
(e) I understand that the included itinerary is a general guideline of what can be expected on my adventure trip, but is NOT a contract. Factors such as weather conditions, mechanical breakdown, flight cancellations, medical emergencies, political unrest, natural disasters or other uncontrollable circumstances can alter my trip.
(f) I will not hold Barlow Adventurers, responsible for extra costs incurred by me which include, but are not limited to: extra meals, accommodations, personal costs, or re-booking of commercial transportation in the event of unforeseen or uncontrollable circumstances.
I confirm that I have carefully read this agreement and understand its terms as acknowledged by my signature below.
Dated at _____________________ on ____________________, ___.
Participant's Name:_____________________ Participant's Signature:___________________
Witness's Name: ______________________ Witness's Signature: _____________________
* Minors, under 18 years old, must have parent or legal guardian witness the form. Note: All participants in your party are required to read and sign a waiver before a booking/reservation can be confirmed. All waiver forms must be witnessed and dated. Any participants under 18 years old must also have their parent or legal guardian sign the waiver.
(Barlow Enterprises Inc.)
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