Waiver and Release
Participation Consent and Release Agreement
By purchasing a ticket for, and participating in, a tour and/or water sport and/or service offered by Xanda Tours & Rentals Limited (the “Company”), and in consideration for being allowed to participate in such activity (the “Tour”), I — and if under 18 years old, my parent or legal guardian — (collectively referred to as the “Participant”) agree to the following:
1. Voluntary Participation
I understand that my participation in the Tour is entirely voluntary.
2. Good Health
I confirm that I am in good health and have no physical or mental conditions that would affect my ability to participate safely.
3. Standards of Conduct
I agree to:
a. Follow all verbal and written instructions from guides or staff.
b. Treat staff, fellow participants, partners, and vendors with respect.
c. Understand that the Company may remove me from the Tour without refund if I behave in a disruptive or unsafe manner.
4. Comprehension of Risk
I understand that participation may involve risks including, but not limited to:
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Weather-related hazards
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Foodborne illness or allergic reactions
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Accidents due to participant or third-party actions
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Natural or environmental conditions beyond the Company’s control
5. Assumption of Risk
I voluntarily assume all risks — known or unknown, foreseeable or not — associated with the Tour, including illness, injury, or death.
6. Consumption of Alcohol
If alcohol is provided, I acknowledge that:
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I am not required to consume it.
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I will comply with local laws in Trinidad and Tobago.
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I am responsible for monitoring my own alcohol intake.
7. Release of Liability
I, on behalf of myself and any parties claiming through me, hereby forever release and discharge the Company and its officers, employees, partners, agents, and affiliates (the “Released Entities”) from all claims or demands arising from my participation in the Tour, including those caused by their negligence.
I agree not to file any claims, and if I do, I will reimburse the Released Entities for legal expenses incurred in defending those claims.
8. Promotional Release
I grant the Company the right to use photos, video, audio recordings, or written material that include my likeness, name, or image for promotional or commercial use, without compensation.
This release is perpetual and global.
9. Indemnification
I agree to indemnify and hold harmless the Released Entities from any claims or damages, including legal fees, arising from my participation.
10. Miscellaneous
a. Governing Law
This agreement is governed by the laws of Trinidad and Tobago.
b. Binding Effect
This agreement is binding upon my heirs, successors, and legal representatives.
c. Amendment
The Company may amend this agreement at any time without prior notice.
d. Waiver
No part of this agreement can be waived unless in writing, signed by both parties.
e. Severability
If any section is found unenforceable, the rest of the agreement remains valid.
f. Entire Agreement
This agreement supersedes any prior understandings, written or oral, regarding participation in the Tour.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I ACKNOWLEDGE THAT I AM GIVING UP LEGAL RIGHTS BY ACCEPTING IT, INCLUDING THE RIGHT TO SEEK COMPENSATION FOR INJURY OR DAMAGE ARISING FROM MY PARTICIPATION.