Liability Waiver and Release
I, the undersigned, warrant and represent that I am fully aware that the tours, travel guides and other travel-related activities which are available to hire and book over KARIBUNI WINGX LTD’s online platform WingX and/or its related smartphone app WingX have and present certain dangers and risks which are additional to and exceed those that are encountered in normal, everyday life, and that I am in good health and in the proper physical condition to participate in these tours, travel guides and travel-related activities. I hereby also acknowledge that if I believe the conditions to be unsafe (whether in general, or to me personally), I will immediately refrain or discontinue from participating.
I also fully understand that the excitement and enjoyment of these tours, travel guides and travel-related activities are derived, in part, from the inherent risks posed by the form of travel and activity which is beyond the accepted safety of life at home or at work. I also understand that these inherent risks heavily contribute to such excitement and enjoyment, and constitute a prime reason for my participation.
More specifically, I understand that participation in these tours, travel guides and travel-related activities could entail risks of injury or bodily harm (serious or otherwise) and even, in a worst case scenario, permanent disability, paralysis and death, and that this may be caused by (i) my own actions or inactions, or those of other participants, (ii) the conditions under which the tour, guide or activity takes place or (iii) the actions or inactions of the “releases” named below; and that there may be other risks either not known to me or the service provider, or which are not readily foreseeable at this time (“Release Event”).
I fully accept and assume all such risks and all responsibility for losses, costs and damages that I incur as a result of my participation.
In this regard, as a participant, I accept full responsibility for my behaviour, well-being, and health throughout the tour, guide or activity, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: riding, climbing, running, or walking or other physical activity for a longer period than I am generally used to. Further, I agree to at all times abide by and observe all instructions given by the guide, event leader or service provider, and I accept that injury, bodily harm, disability and even death may ensue due to any non-observance on my part. I also understand that non-compliance may result in my removal from the tour, or the termination of the travel related service.
In the event of an injury or illness (howsoever described or arising), I agree that KARIBUNI WINGX LTD and/or the relevant service provider may, at my own cost, arrange any medical treatment and emergency evacuation service as KARIBUNI WINGX LTD or the said service provider may deem necessary for my health and safety.
Accordingly, I hereby release, discharge, and covenant not to sue KARIBUNI WINGX LTD and/or the Service Provider, including their representatives, directors, shareholders, officers, employees, agents, contractors, subcontractors, other participants, any sponsors, advertisers and, if applicable, the owners and lessors of premises on which the tour, guide or activity takes place or has taken place (each considered one of the “Releases” herein), from all liabilities, claims, actions, demands, losses, or damages on my account caused, or alleged to be caused, in whole or in part by a Release Event or any rescue operations, evacuation services or treatment which may be arranged by KARIBUNI WINGX LTD and/or the Service Provider to safeguard your health and safety.
I further agree that if, despite this release, waiver of liability and assumption of risk (as described above), a person acting on my behalf makes a claim against any of the Releases or, additionally, a third party makes a claim against any of the said Releases as a result of or in connection with any actions or inactions that are attributable or imputable to me, I will indemnify, defend and hold harmless each of the Releases from any and all losses, liabilities, damages, expenses which they may incur as a result of any such claim.
You hereby acknowledge and accept that KARIBUNI WINGX LTD cannot and will not be held responsible or liable in any whatsoever for the actions, inactions, misrepresentations and/or negligence of the Service Provider, or that of its directors, representatives, employees, contractors, sub-contractors, agents or partners. This constitutes a core provision of the Terms and Conditions that you are required to accept in order to book any such guide, tour or travel-related activity through the KARIBUNI WINGX platform.
The above shall be without prejudice to that liability which in terms of applicable law cannot be excluded or limited, and your right to lodge a claim in respect thereof.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, and understand that I have ceded and waived certain rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it be a complete and unconditional release of all liability to the maximum extent permitted by applicable law, and agree that if any portion of this balance is held to be invalid or unenforceable, the remainder shall nonetheless continue in full force and effect.