CASCADE BLUE HOLE (CBH) WAIVER
FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT (“Agreement”)
THIS IS A LEGAL DOCUMENT. BY SIGNING THIS DOCUMENT, I FORFEIT ANY LEGAL RIGHT TO SUE FOR ANY CLAIMS RESULTING FROM MY OR MY MINOR DEPENDENTS’ OR ANY PARTIES IN MY GROUP PARTICIPATING IN THIS TOUR.
By virtue of my participating and/or purchasing tickets for the CASCADE BLUE HOLE RIVER/RAIN FOREST TOURS AND PICNIC SITE. of the Tours offered, including but not limited to, Horseback and, ATV (all hereinafter referred to as the “Tour”) and in consideration for my being allowed to participate in the Tour, the receipt and sufficiency of which is hereby acknowledged, I, agree to be bound by each of the following provisions of this Agreement with the knowledge that CBH will rely on same, subject to the terms of the Agreement herein.
1. ASSUMPTION OF RISKS. I want to participate in the Tour and fully comprehend and accept all of the risks associated with my participation in Land/River-Based motorized and non-motorized activities, including, but not limited to possible contact with water, exposure to varied weather conditions, slipping or falling while on uneven terrain, , adverse reaction to food or drink or physical exhaustion, and other hazards and injuries which may occur while walking,swimming, riding, operating vehicles (e.g. without limitation, those arising out of self-inflicted accidents and mishaps or those inflicted by other guests, automobiles, cyclists, animals, pedestrians and the like). I understand that horses are powerful, unpredictable and potentially uncontrollable animals of flight that can buck, rear, bite, kick or bolt uncontrollably, collide with objects, roll over, trip, or flip over, all without warning and that horses may become dangerous in response to sound, wind, shadows, plastic, wood, motor vehicles, bicycles, baby carriages and any sudden movement of people or machinery. I understand that the terrain may contain hills, curves, and other hazards that require a skilled and aware operator. I fully comprehend and accept all of the risks associated with my participation in any water-based activities, including, but not limited to exposure to potentially extreme weather conditions, slipping or falling while on board an ATV bike,. I am aware that I am engaging in activities which may be in areas remote from competent medical assistance and that the Staff may not be able to provide medical assistance but will provide aid until competent medical assistance arrives.I am aware that the risks may include permanent disability and death and that severe social and economic loss may result. I understand and agree that it is my responsibility to assess the risks presented and that I am the ultimate judge as to whether I can participate in the Tour. I authorize CBH to seek on my behalf all reasonable medical and surgical care that may be necessary as a result of any injury I sustain while participating in the Tour if I am reasonably unable to authorize such care myself.
2. RELEASE AND WAIVER. I have read the previous paragraph and appreciate the risks involved and HEREBY ASSERT THAT I VOLUNTARILY ASSUME FULL RESPONSIBILITY AND SOLE LIABILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, as a result of my participation in the Tour WHETHER CAUSED BY NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, ACCIDENT or other conduct on the part of CBH, I DO HEREBY RELEASE, WAIVE, DISCHARGE CASCADE BLUE HOLEtheir employees, agents, successors and assigns (hereinafter referred to as “CBH”) from liability from any and all claims, INCLUDING THE NEGLIGENCE OF CBH resulting in personal injury, accidents, or illnesses (including death), and property loss arising from my participation in the Tour. I EXPRESSLY AGREE that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by the laws of Jamaica and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The laws of Jamaica shall govern this Agreement. I accept the jurisdiction of the courts of Jamaica for this Agreement. In addition, I understand and agree that CBH and its affiliates may send me follow-up marketing materials after my tour.
3. I HEREBY CERTIFY THE FOLLOWING:
I CERTIFY that I am in good health and suffer from no minor or serious physical or mental illness, respiratory or heart condition or other condition that would make me especially susceptible to injury or disability while performing activities on the Tour.
I CERTIFY that I will comply with all safety rules.
I CERTIFY that I have inspected all equipment provided to me and am satisfied that it is free of damage or defect and agree to pay to repair or replace any damaged equipment left in my possession.
I CERTIFY that I am not under the influence of Alcohol, any drug or medication that could impair my ability to safely participate in the activities I wish to participate in.
4. BINDING EFFECT. This Agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of CBH, its successors and assigns.
5. INDEMNITY. I AGREE TO INDEMNIFY AND HOLD CBH, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, and liabilities, including but not limited to, personal loss, injury (whether or not resulting in death), property chattels damage destruction or loss belonging to me in my possession as well as attorney’s fees brought as a result of my participation in the Tour and to reimburse CBH for any such expenses that may occur as a result of my participation in the Tour WHETHER CAUSED BY NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, ACCIDENT or other conduct on the part of CBH.
6. PHOTO RELEASE. I GRANT to CBH the perpetual right to photograph, video and record my participation in the Tour and grant the permission for the legal publication of same anywhere in the world in any media now known or unknown by CBH without any obligation or compensation to me.
7. SEVERABILITY. Each clause, paragraph and provision of this Agreement shall be deemed to be and shall be treated as severable, and any invalidity, illegality or unenforceability affecting any clause, paragraph or provision of this Agreement shall not affect or prejudice the validity, legality and enforceability of the remaining clauses, paragraphs and provisions of this Agreement.
8. IF PARTICIPANT IS A MINOR: I consent to my minor participating in the Tour. I agree to my and my minor’s assumption of the risks and the dangers described above, and to all releases and indemnities above. I agree individually, personally and on the above minor’s behalf to each and every provision above which I have read and fully understand. I am legally authorized to act as the parent or legal guardian of the above minor and authorize CBH to seek on my behalf reasonable medical and surgical care that may be necessary as a result of any injury my minor sustains while participating in the Tour if I am not reasonably present to authorize such care myself.
9. I HAVE READ THIS FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I AM GIVING UP MY RIGHT TO SUE. I AM AGREEING FREELY AND VOLUNTARILY. I INTEND BY MY BOOKING OF THE TOUR THIS TO BE AN UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
By booking your tour with us, you are consenting to all the terms and conditions stated therein on this page.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I am using the services of Cascade Blue Hole by agreeing to this waiver on behalf of a child.
I am authorised to agree to this waiver on behalf of all Parties in this booking: