In consideration of the permission to participate in this mentioned trip (hereinafter referred to as “the trip”) on the mentioned date in this booking, which is organized by QAMAH JABAL SHAMS NATIONAL LLC (CYR Adventures) (hereinafter referred to as “CYR Adventures”), I agree to the terms contained in this online document.
1. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this trip and that I have informed CYR Adventures of any health related issues which may affect my participation and have not withheld any information from CYR regarding my health.
2. ACTIVITY AND ASSOCIATED RISKS: I understand that:
(i) the trip is inherently hazardous, and I may be exposed to dangers and hazards, including some of the following: unpredictable ocean or river currents, lightning, hypothermia, hostile or aggressive wildlife, drowning, death, falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, equipment failures, or my failure to wear a personal flotation device or use other protective gear, and negligence of others;
(ii) as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be lost or damaged.
(iii) hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the trip; and
(iv) CYR Adventures assumes no responsibility for providing medical care during the trip, and I will have to pay for any medical care and/or evacuation that I incur.
3. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this trip, and any harm, injury or loss that may occur to me or my property as a result of my participation in the trip or during any transportation to or from the trip—including any injury or loss caused by the negligence of CYR Adventures, its employees, agents and officers, its contractors, and other trip participants. I also understand that any equipment that I provide or may borrow or rent from CYR Adventures or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
4. RELEASE OF LIABILITY: I hereby RELEASE CYR Adventures, its employees, agents, officers, and contractors, the providers of any equipment used in the trip, land owner, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the trip or in any way related to the trip, including during transportation to or from the trip. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the trip or are related in any way to the trip.
5. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 4) against any and all claims to which Section 4 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the trip. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
6. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the trip provided to me and to follow directions given to me by the leaders of the trip, including WEARING A HELMET AND LIFE VEST OR PERSONAL FLOTATION DEVICE in the entire duration of the trip.
7. INDEPENDENT CONTRACTORS: I acknowledge that CYR Adventures has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the trip.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE AGREEING AND SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCTMENTS TO AGREE AND SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I AGREE TO THE TERMS IN ABOVE OF MY OWN FREE WILL.
You cannot copy content of this page