Voluntary Participation, Waiver And Release Terms And Conditions
The child who is participating in the Resort Zipline activity or using the rock-climbing wall or any other event or program arranged and/or offered Hillside Villa Private Limited shall be referred to hereinafter as “Participant”. The “Undersigned” means both the Participant and the Participant’s parent or legal guardian. The Undersigned agree and understand that participating in a Zip Line activity, climbing on steps and slopes, zipping, traveling to and from the activity point and any other activities they may partake in in relation to the Resort Zip Line Activity and/or using or climbing or attempting to climb or in any manner use or partake in any activity relating to the rock climbing wall, both of which are arranged and/or offered by Hillside Villa Private Limited at Soneva Jani Resort (hereinafter referred to as the “Activity”) can be HAZARDOUS AND POTENTIALLY INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
I, the Undersigned, acknowledge that I have verified, enquired to and understood the nature and details of the Activity, and have voluntarily applied to let my child participate in the Activity operated by Hillside Villa Private Limited at Soneva Jani Resort, which I understand and acknowledge is a physically demanding and potentially hazardous activity. My child does not have any medical condition which might create an unsafe risk to my child or others who are participating in this Activity with me. I have also read, listened to and understand the Participant Requirements provided to me and/or explained to me, together with this document.
1. Acknowledgement of Risks:
I understand that the Activity may expose the Participant to certain risks which cannot be avoided. The Activity requires moderate physical exertion and is conducted at varied heights. Among the hazards and risks of the Activity and use of the premises and equipment include but not limited to the following: falls; collisions; abrupt and possibly harmful contact with structures or objects and persons; anxieties and fears associated with heights; close contact with other people; coordination and misjudgments on the part of the Participant or other participants or negligence of guides; the failure of structures or equipment; and the unpredictable forces of nature. Participants may experience increased heart rate and other symptoms of anxiety and stress due to physical exertion, reliance on other participants, a fear of heights, or of unprotected falling, loss of balance, coordination and misjudgments, including failure to follow procedures and instructions, physical or mental or psychological stress, fatigue, chill and /or dizziness which may diminish reaction time and increase the risk of an accident. Injuries associated with participation may include breaks, sprains, bruises, and in extreme cases, emotional upset, anxiety and even death. The undersigned acknowledge that the description of risks is not comprehensive or complete and that other unknown or unanticipated risks may arise during the Activity which may result in injury, illness or death. The undersigned acknowledge that this Activity is purely voluntary. I, the Undersigned, choose to participate with full knowledge of the inherent risks in such Activity.
2. Assumption of Risks:
The undersigned understand that the Activity is hazardous. The Undersigned understand that there are risks of injury and death associated with the Activity. I am voluntarily allowing my child to participate in this Activity with knowledge of the dangers involved. The undersigned hereby acknowledge and voluntarily accept any and all risks of the Activity, inherent or otherwise, including injury or death, and whether or not described in this form, including those which may result from the negligent acts or omissions of other participants and staff, whether to myself or any minor children or child of whom the undersigned is a parent or legal guardian to, arising out of or in any way connected with the use of the Activity, Hillside Villa Private Limited and/or any of the affiliated organizations of Hillside Villa Private Limited. The Undersigned confirm that the Participant is in reasonably good health to undertake and participate in the Activity and has no underlying medical conditions that could reasonably impede or compromise their participation in the Activity. The Undersigned confirm that the Participant is not pregnant, or currently under the influence of alcohol, illegal drugs or impairing legal drugs.
3. Release and Indemnity:
As consideration for being permitted to participate in the Activity, the Undersigned hereby agree that the Undersigned, my assignees, heirs, and/or as the parent/ legal guardian of a minor participant, will release, indemnify, and hold harmless and not bring any claim or legal suit against Hillside Villa Private Limited, Soneva Management (BVI) Limited, or any of its affiliates, its directors, managers, officers, agents, employees and volunteers or its affiliated organizations or the supplier of any of the equipment used in the activity (“Released Parties”) in any jurisdiction or any forum for dispute resolution, for any and all claims of injury, disability, death or other loss or damage to person or property suffered by me or my minor children or child arising in whole or in part from participation in this activity, both foreseeable or unforeseeable,. In addition, the Undersigned agree TO INDEMNIFY (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) Released Parties from any claim of loss, injury or death, brought on by the Undersigned or the Undersigned’s children or child against another co-participant. These undertakings of release and indemnity include loss or damage caused or claimed in whole or in part by the negligence of a Released Party, but not intentional wrongs or the gross negligence of a Released Party.
If any provision of this Agreement is held to be void or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless be fully enforceable and unimpaired by such holding.
5. Additional Provisions
The Undersigned, as a parent/ legal guardian of a minor participant, authorizes Hillside Villa Private Limited to provide or obtain for me such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and transportation. Any dispute between a Released Party and participant or parent/ legal guardian, in connection with the Activity, this form and the Participant Requirements will be governed by the laws of Republic of Maldives and the parties submit to the exclusive jurisdiction of the competent courts of law in the Republic of Maldives.
6. For Minors
The Undersigned hereby warrant and represent that the Undersigned is the parent and/ or legal guardian of the minor child/ children listed below in this form. The Undersigned hereby acknowledge that Hillside Villa Private Limited is permitting the participation of the Undersigned’s minor child/children based only on the express warranty provided by me herein and has made no investigation or verification of the warranties and representations the Undersigned have provided herein. I, the Undersigned, have discussed with my minor child/ children the terms of this form and the Participant Requirements, and s/he understand the same and has freely accepted these terms. I, the Undersigned, give my child my express permission to participate in the Activity, and my signature below reflects my agreement to fully indemnify, release and defend the Released Parties from any claim which I may have, and, to the fullest extent permitted by law, to release such persons on behalf of my child/ children for any claim the child/ children may have.
I the Undersigned understand and acknowledge that this form, together with the Den Registration Form and Participant Requirements, if any, forms a contract (hereinafter the “Agreement”) and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, subrogates, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
I, the undersigned, have carefully read and fully understand the provisions of this agreement including my waiver of claims against Hillside Villa Private Limited And Soneva Management (BVI) limited and other affiliates thereof. I have not relied upon any other representation or statement, written or oral. I confirm that all the information i have provided in this form, including but not limited to:
The Activity is designed for participants in reasonably good health. Due to the nature of the experience, we reserve the right to unilaterally refuse participation to anyone without showing cause. The Activity is operated in an isolated environment and hence immediate medical attention may not be available.
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