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 such tour and/or water sport and/or service offered, the “Tour”) and in consideration for my being allowed to participate in such Tour, I, and if I am not yet 18 years old, my parent or legal guardian, (individually and collectively referred to below in the first person singular or as “Participant”) understand and agree to the following:
1. Voluntary Participation. I understand that my participation in the Tour is voluntary.
2. Good Health. I warrant that I am in good health and suffer from no known physical or mental condition that would prevent me from participating in the Tour or make me susceptible to injury or disability while participating in the Tour.
3. Standards of Conduct. I understand and agree to follow these standards of conduct:
a. I agree to listen to all the instructions, verbal or written, given by the Tour guide before, during, or after any and all activities related to the Tour.
b. I agree to treat the Tour participants, Tour guide, restaurant vendors, charters, Company partners, Company employees, and any other person related to the Company with respect.
c. I understand that the Company will remove me from any and all activities related to the Tour and prevent my further participation in the Tour if my conduct is disorderly and interferes with others’ enjoyment of the Tour, with no refund due to me.
4. Comprehension of Risk. I understand the nature and extent of the potential risks inherent in the Tour, including but not limited to injuries or death due to exposure to unfavourable weather conditions, food sickness, allergic reactions, choking, or accidents caused by negligence or carelessness of other Tour participants, the Tour, the Company, pedestrians, and motor vehicles. I understand that the Tour takes participants to public venues under conditions beyond the Company’s control.
5. Assumption of Risk. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tour and I understand and assume all of the risks of participating in any and all activities associated with the Company and the Tour, including, but not limited to, any risks, known or unknown, foreseeable or unforeseeable, that may result in death, loss, illness, or physical or mental injury of any nature.
6. Consumption of Alcohol. I understand that drinking alcohol is not a requirement to participate in the Tour. If alcohol is offered or provided during the Tour, I accept full responsibility for complying with Trinidad and Tobago law regarding consumption of alcohol. If I am consuming alcohol, I accept full responsibility for monitoring and limiting my alcoholic beverage intake.
7. Release of Liability. I hereby knowingly and voluntarily, on behalf of myself and anyone claiming through myself, do FOREVER RELEASE the Company, its members, employees, volunteers, operators, affiliates, agents, tour partners and assigns (the “Released Entities”) from any cause of action, claims, or demands, of any nature whatsoever arising from my participation in the Tour (the “Released Claims”), including, but not limited to, a claim of negligence, whether or not due in whole or in part to the negligence of any of the Released Entities, which I or anyone claiming through myself may now or in the future have against the Released Entities on account of personal injury, bodily injury, property damage, death or accident of any kind, arising out of or in any way related to my participation in the Tour howsoever the injury is caused. I promise and agree that I will not file any such Released Claims. If I breach my obligations under this agreement, I will be responsible for reimbursing the Released Entities for all costs incurred by the Released Entities to defend itself against any and all claims that result from such breach.
8. Promotional Release. I grant to the Company, including the Company’s successors and assigns, the unrestricted right and permission to use, reprint, and produce any written materials, photographs, audio recordings or videos of my participation in the Tour, my name, or other likeness for any and all commercial or non-commercial purposes now known or later developed in perpetuity without further obligation or compensation to me. I release in perpetuity the Company and any and all other individuals and entities so authorized from any and all liabilities, claims, demands, losses, promises, and causes of action of any kind with respect to the use by any party whatsoever and any right in or to any such materials (including, but not limited to, my name, likeness, voice and biographical data contained therein), including, but not limited to, any claim of false endorsement, right to publicity, and right to privacy.
9. Indemnification. I agree to defend and indemnify the Released Entities from any and all claims incurred in any way arising out of my participation in the Tour, and I agree to indemnify and hold the Released Entities harmless from and against any and all liabilities, claims, actions, damages, expenses, lawyers’ fees, and losses of any kind in any way resulting from my participation in the Tour.
10. Miscellaneous.
a. Governing Law. This Agreement is governed by the laws of the Trinidad and Tobago.
b. Binding Effect. This Agreement is binding upon my personal representatives, heirs, beneficiaries and assigns and will inure to the benefit of Company, its successors and assigns.
c. Amendment. This Agreement can be amended or modified by the Company at any time without my consent.
d. Waiver. No section of this Agreement can be waived except expressly in writing signed by both parties. The failure of any of the Released Parties to enforce any of their rights at any time is not deemed a waiver to enforce their rights under this Agreement.
e. Severability. The invalidity or unenforceability of any section of this Agreement does not affect the validity or enforceability of the other sections of this Agreement, and this Agreement will be enforced as if the invalid or unenforceable section was never a part of this Agreement.
f. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all prior, written or oral, agreements among the parties.
I HAVE READ THIS AGREEMENT AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ACCEPTING THIS AGREEMENT, INCLUDING THE RIGHT TO DEMAND ANY COMPENSATION FOR ANY INJURY OR DAMAGE THAT MAY OCCUR AS A RESULT OF PARTICIPATION IN THE TOUR AND/OR WATER SPORT AND/OR SERVICE OFFERED.