GENERAL RELEASE & WAIVER
General Release, Assumption of Risk, Waiver of Liability & Indemnity Agreement
Applicant acknowledges that participating on this expedition is predicated on applicant’s assurance that the applicant is physically fit to engage in water sports and land activities as outlined in the trip brochure and itinerary, including, but not limited to, hiking/trekking, interacting with wildlife, snorkelling and ocean SCUBA diving (collectively referred to herein as “scuba diving”) and that the applicant has had sufficient training to engage in ocean SCUBA diving. Applicant fully understands that the above-mentioned activities can be hazardous and dangerous. Applicant is fully aware and understands the inherent risks involved due to known and unknown causes and applicant voluntarily assumes all risk of loss, damage, injury or death that may be sustained by applicant while engaged in said WILD EARTH EXPEDITIONS travel program.
Applicant, for applicant, and applicant’s personal representatives, assigns, heirs, and next of kin, hereby releases, waives, and discharges WILD EARTH EXPEDITIONS PTY LIMITED, doing business as (d/b/a) WILD EARTH EXPEDITIONS, or THOMAS and NATALIA BAECHTOLD, a.k.a THOMAS and NATALIA BÄCHTOLD, as well as any agents, contractors or employees of WILD EARTH EXPEDITIONS PTY LIMITED, hereinafter called “RELEASEES”, from all liability to applicant, applicant’s personal representatives, assigns, heirs, and next of kin for ALL LOSS OR DAMAGE and any claim or demands therefore, on account of injury to the person or property or resulting in the death of the applicant, whether caused by the negligence of RELEASEES or otherwise, while applicant is engaged in a WILD EARTH EXPEDITIONS travel program, regardless of whether the nature or extent of such loss, injury or damage cannot be ascertained until some future time, and applicant covenants not to bring any action against RELEASEES arising out of any such loss or damage.
Applicant warrants that the statements made in applicant’s application and herein are true and correct and understands that the RELEASEES will rely on them and that such statements will be an inducement to WILD EARTH EXPEDITIONS PTY LIMITED, in accepting applicant in a WILD EARTH EXPEDITIONS travel program. WILD EARTH EXPEDITIONS PTY LIMITED, reserves the right to deny any applicant for any reason whatsoever. It is understood that WILD EARTH EXPEDITIONS PTY LIMITED and RELEASEES are independent of and have no business association, as partner, joint venture, owner, or otherwise with any resort, hotel, carrier, boat and bus operator, live-aboard operator, or other person or firm furnishing any service or facility in connection with the subject travel program.
It is further understood that the remoteness of the area, local custom, and prevailing weather conditions may cause substitution of facilities and/or equipment, inconvenience or modification to any portion of the program itinerary and WILD EARTH EXPEDITIONS PTY LIMITED, d/b/a WILD EARTH EXPEDITIONS and RELEASEES reserves the right to modify and/or cancel any arrangements due to unfavourable weather conditions or other conditions which warrant such modifications or cancellation and to substitute comparable facilities, staffing and equipment. Further, applicant assumes all risk that the identity of owners, employees or agents providing facilities, equipment or service, including leaders and guides may change. It is understood and agreed that WILD EARTH EXPEDITIONS PTY LIMITED and RELEASEES make no warranty and assume no responsibility or liability for such substitutions. WILD EARTH EXPEDITIONS PTY LIMITED and RELEASEES reserve the right to cancel any scheduled trip or trip portion at any time. No refunds can be made for cancelled arrangements due to adverse weather, or for substitution of facilities, personnel and/or equipment or for inconvenience.
Applicant hereby indemnifies and holds harmless WILD EARTH EXPEDITIONS PTY LIMITED and RELEASEES as well as any agents, contractors or employees of WILD EARTH EXPEDITIONS PTY LIMITED and RELEASEES from any and all claims, suits, liability, injuries, losses and damage of any person which arises out of applicant’s participation in a WILD EARTH EXPEDITIONS travel program, and for applicant’s withdrawal, cancellation or expulsion from a WILD EARTH EXPEDITIONS travel program.
Each Wild Earth Explorer needs to complete and submit an electronic signature as a record that they have read and understood the above General Release and Waiver form.