LIABILITY RELEASE & WAIVERS

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, yacht operator, guide, 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 and/or RELEASEES reserves the right to modify and/or cancel any arrangements due to any affiliate business (like hotel, dive shop) going bankrupt, 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.

Scuba Diving and Snorkeling Release, Assumption of Risk, Waiver of Liability

For Scuba Divers, I hereby affirm that I am a certified PADI Open Water Diver, or equivalent in NAUI, CMAS, SSI or other authorized diving organization, trained in safe diving practices and that I thoroughly understand the inherent risks of skin and scuba diving, which may result in serious injury or death. I understand that these hazards include, but are not limited to, air expansion injuries, drowning, decompression sickness, hazardous marine life injuries, being cut or struck by a boat while in the water, and injuries caused by boat travel to the dive site.

I further understand that scuba diving and snorkelling, carries the increased risk of being conducted at sites that are remote, either by time or distance or both, to medical and recompression facilities that may be required to effectively treat diving injuries, and nonetheless still wish to proceed with such scuba diving and snorkelling. By signing this release, I certify that I am fully aware of and expressly assume these and all other risks involved in making such dives and snorkels.

I understand and agree that neither the resorts, vessels, nor the dive masters, dive guides, staff, officers, crew or owners of the resorts or vessels, nor WILD EARTH EXPEDITIONS PTY LIMITED, doing business as (d/b/a) WILD EARTH EXPEDITIONS, Thomas and Natalia Baechtold, a.k.a Thomas and Natalia Bächtold, contractors, leaders, nor associated companies, organizations, groups or agencies, nor the owners, directors, officers, employees, agents, or assigns of the afore listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any occurrence which may result in personal injury, property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of my participation in this trip, or as a result of the negligence of any party, including the Released Parties, whether passive or active.

I further state that I am of lawful age and am competent to sign this liability release or, if not, that my parent or legal guardian shall sign on my behalf or has given written consent to my signing this document, and that my guardian or parent completely understands and concurs with this liability release. I am in good mental and physical fitness for diving and snorkelling, and I am not under the influence of alcohol, nor am I under the influence of any drugs that are contradictory to diving and snorkelling. I affirm that I have seen a physician if required and a YES is ticked on the Divers Medical form and have approval to dive.

I have and will furnish my own equipment and be responsible for its good order and operating condition, regardless of where I obtain it. Prior to each dive, I will check my own equipment and my buddy’s equipment to ensure proper function, completeness, and familiarity. I do not expect my equipment to be inspected by anyone else. I agree that if I do obtain any equipment from any of the Released Parties, I accept the equipment as is. Released parties accept no responsibility for any defect in any of the equipment provided and I agree that the use of any such equipment is entirely at my own risk. 

I understand that the Released Parties may provide a marine resource guide who is experienced and knowledgeable in scuba diving and snorkelling, but who is not acting in the capacity of a scuba diving instructor and is not to be held liable or responsible for my safety. I voluntarily accept any and all additional risks, and I am fully prepared to pay any and all expenses related to evacuation, medical and recompression treatment, additional cost for accommodations, food and transportation, should same be deemed necessary by myself and/or any of the Released Parties, and should same be available. Full comprehensive insurance coverage is required.

By this instrument, I hereby exempt and release all the above listed entities and/or individuals from all liability and responsibility for personal injury, property damage or wrongful death, however caused, including, but not limited to, product liability or the negligence of the released parties, whether passive or active.

I acknowledge that I have read the foregoing paragraphs, fully understanding the potential dangers incidental to engaging in SCUBA diving and snorkelling during this expedition. I am fully aware of the legal consequences of signing this document and that I understand and agree that this document is legally binding and will preclude me from recovering monetary damages from the above listed entities and/or individuals, whether specifically named or not, for personal injury, property damage or wrongful death caused by product liability or the negligence of the released parties, whether passive or active. 

Please Note

Each Wild Earth Explorer is required to complete and submit an electronic signature as a record that they have read and understood our General Release Waiver and Scuba & Snorkel Waiver (only if participating in Water Sports Activities).

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