RISK DISCLOSURE AND INDEMNITY, WAIVER OF CLAIMS, RELEASE OF LIABILITY
Please Read the Agreement Carefully. By Signing It You Give Up Certain Legal Rights
Warning. Under New Zealand Law it is extremely unlikely that any legal action brought against Takaka Hill Adventures Limited will be successful. New Zealand’s Accident Compensation scheme provides only limited assistance for injury. We recommend that all visitors to New Zealand have full insurance covering injury and illness.
To: Takaka Hill Adventures Limited (THAL) and all persons in any way involved or connected with the activities provided by it including its successors and assigns.
1. The activities provided by THAL are adventure activities that involve significant hazards. Whilst THAL cannot guarantee my safety, I acknowledge that THAL takes all practicable steps to ensure my safety. Knowing this, I still wish to participate in the activities provided by THAL at my own risk and I accept full responsibility for my own actions or inaction.
2. I am aware that in participating in the activities provided by THAL there are risks, which include the possibility of serious harm, emotional trauma, death, property damage, mental injury or disturbance and any other loss, which I, my family and/or friends may suffer. These risks may be due to any cause whatsoever including negligence and/or breach of contract by THAL.
3. I acknowledge that THAL has advised me as far as practicable of the significant hazards which exist. These include, but are not limited to:
a. Falling from height.
b. Injury from falling or impact with rocks, trees, ground, etc.
c. Unpredictable or uncontrolled events, including natural hazards such as adverse weather or earthquake.
d. My ignoring/failing to follow safety procedures or guides’ directions including the safe use of any equipment.
4. I declare that I am physically fit and able, or I have declared any condition or injury that could affect my participating in the activities provided by THAL.
5. I declare that I am not under the influence of drugs/alcohol.
6. I agree to release THAL from any liability of any kind whatsoever and waiver and hold harmless THAL against any and all claims that I have or may have in the future against THAL arising out of any aspect of any participation in the activities provided by THAL due to any case whatsoever for any personal injury, emotional trauma, death, property damage, mental injury or disturbance and any other loss of whatsoever nature and howsoever arising that I, my family and/or friends may suffer.
7. I accept financial liability for any loss of THAL equipment that I cause.
8. I am aware that this agreement will not affect any legal obligations THAL has to me which THAL cannot contract out of under New Zealand Law.
9. I confirm that if I am not a resident of New Zealand, I will not endeavour to avoid the terms of this agreement by commencing legal proceedings in another country.
10. I agree that if any part of this agreement is held invalid, unenforceable or illegal for any reason, the rest of the agreement remains in full force.
11. I agree that this agreement will be binding on my family, legal assignee’s, administrators and executors.
12. I confirm that all members are of the required age, weight, and height to participate in THALs activities including minors.
13. I have read and understood this risk disclosure.
