ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITIES and RELEASE OF LIABILITY
WARNING: Although precautions are taken to provide a safe and enjoyable experience, there can be no guarantee of absolute safety against injury and accident. There are elements of risk in any adventure sport or activity associated with the outdoors or wilderness including but not limited to hiking, ziplining, rock climbing, the use of watercraft, jumping into pools, swimming and the use of any related equipment.
ACKNOWLEDGMENT OF RISKS: I agree that there are inherent dangers, both known and unknown, in the activity and that the risks may result in serious injury or death.
Participants may be exposed to some or all of the following activities and related risks:
Activities: 1) Hiking 2) ziplining 3) Swimming 4) Jumping 5) Any other outdoor activities. Risks: 1) Falls 2) Cold water related injuries 3) Head related injuries including heat exhaustion and heat stroke 4) An act of nature which may include inclement weather, rock fall, an unexpected rain which may flood the rivers, and severe or varied temperature or winds 5) River crossing 6) Risk associated with crossing, ziplining, 6) Varied diet and water source 8) The presence of insects and wild life 9) Capsize 10) Loss of control
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of the activity which I, or any minor children for which I am responsible, will engage in, I confirm that I/we are physically and mentally capable of participating in the activity and/or using related equipment. I acknowledge that I/we are participating voluntarily and that, except for gross negligence or wilfulness on the part of the Leaders, I assume responsibility for injury, accidents or illnesses, including, but not limited to, sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusion, dehydration, exposure and/or altitude wounds, spinal injuries, animal bite or attack, insect bite, allergic reaction, shock , paralysis, drowning and/or death; I acknowledge that during the activity I or my child may experience fatigue, chill and/or dizziness which may demise my/ their reaction time and increase the risk of an accident. I assume responsibility for damages to or loss of Participant’s personal property. I assume responsibility for damages to other’s property caused by said Participant’s wilful misconduct.
COVENANT OF GOOD FAITH: I recognize that you, as a provider of services, will operate under a covenant of good faith and fair dealing but that you may find it necessary to terminate an activity due to forces of nature, medical necessities or other problems. We acknowledge your responsibility and right to take such actions for the safety of participant and /or all other participants. I acknowledge that no guarantees have been made with respect to objectives.
AUTHORIZATION AND AGREEMENT: I hereby authorize any medical treatment deemed necessary for myself or my child in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, I agree to pay all costs of rescue and/or medical services which may be incurred on our behalf. I also agree that any leader’s film or photographs taken of Participant is the sole property of the leader and may be used for promotional or commercial purposes, provided Participant’s name and other personal information are not provided for said purposes.
RELEASE: In consideration of services or property provided, I , for myself, and for any minor children for which I am parent, legal guardian or otherwise responsible and heirs, personal representatives or assigns, hold harmless and do hereby release 3 Rivers & Rosalie Forest eco lodge and Rosalie Eco Forest retreat limited, it’s agents, employees and volunteers (the leaders) from all liability and waive any claim, except as otherwise provided or limited herein, for damages (except that which is the result of gross negligence or wilfulness by leader).
ATTORNEY FEES: Should the leaders, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
INSURANCE: I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else, I agree that the substantive law rules of the state. I agree to bear costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
GOVERNING LAW: In the event that I file a lawsuit against the leaders, I agree to do so solely on the Island of Dominica and I further agree that the substantive law of that state shall apply in the action without regards to the conflict of the law rules of that state. 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.
WAIVER OF LITIGATION RIGHTS: By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against 3 Rivers & Rosalie Forest eco lodge and Rosalie Eco Forest retreat limited, and its leaders on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT AND I AGREE TO BE BOUND BY ITS TERMS.
The following temporary IMPORTANT Special Terms & Conditions apply due to the corona virus pandemic: We respectfully request your happy cooperation, for our mutual health benefits, and so that we are all in compliance with government and Ministry of Health regulations. Please note our special terms & conditions are subject to change, possibly without notice, as per updates & changes to government ministry of health regulations.
Thank you for your support and understanding………
1. Social distancing must be respected.
2. Temperature test on arrival
3. Masks must be worn on arrival, throughout the ziplining, when dealing with staff and in communal areas.
4. Ministry of health hygiene regulations must be respected at all times.
5. Registration form and terms and conditions must be filled out online during booking process by every guest
6. Names and phone numbers of each guest will be kept for Ministry of Health contact tracing purposes should it become necessary.
7. In order to run the activities we require a minimum of 8 people. Any number may book, but if we do not get other bookings to reach at least 8 people your booking may be cancelled or rescheduled. In that situation your deposit will be refunded if you are unable to reschedule.
8. In GDPR compliance you are advised we are sharing access rights to our website with WooCommerce for website repair purposes.