RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS, AND ASSUMPTION OF RISK
Shark Bay Boutique Hotel & Shark Bay Shack
For Participation in Recreational and Water-Based Activities
In consideration for being permitted to participate in any recreational activities, including but not limited to kayaking, paddleboarding, surfing, swimming, boat tours, hiking, cycling, and any other activities provided by Shark Bay Boutique Hotel, Villas and/or Shark Bay Shack ("the Provider"), I, the undersigned participant, acknowledge and agree to the following terms and conditions:
- ASSUMPTION OF RISK
I acknowledge and understand that participation in water sports, outdoor, and adventure activities involves inherent risks, including but not limited to physical injury, drowning, equipment failure, animal interactions, environmental hazards, property damage, and even death. I voluntarily assume all risks associated with these activities, including risks arising from my own actions or negligence, the actions or negligence of others, and the conditions of the facilities, premises, or natural environment. - WAIVER AND RELEASE
I hereby RELEASE, DISCHARGE, AND HOLD HARMLESS Shark Bay Boutique Accommodation, Shark Bay Shack, their owners, operators, employees, agents, contractors, affiliates, insurers, and any associated entities ("Released Parties") from any and all claims, demands, liabilities, causes of action, costs, expenses, or damages, including those caused by the NEGLIGENCE of the Released Parties, arising from my participation in these activities. This release includes, but is not limited to, claims for personal injury, death, disability, property damage, or loss of any kind. - INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I agree to INDEMNIFY and HOLD HARMLESS the Released Parties from any claims, suits, damages, or expenses (including attorney fees) arising from my participation in any activities, including claims made by third parties as a result of my actions. - EQUIPMENT AND SAFETY RESPONSIBILITIES
a) I acknowledge that any equipment provided by the Provider is used at my own risk, and I assume full responsibility for its use, care, and return in the same condition.
b) I understand that I am responsible for assessing my own skill level and physical ability to engage in activities safely and will comply with all safety guidelines, instructions, and warnings provided by the Provider.
c) I will wear all required safety gear, including but not limited to life vests and helmets, and ensure my own safety at all times.
d) I understand that the Provider reserves the right to refuse participation or remove any participant who, in their sole discretion, poses a risk to themselves or others. - MEDICAL FITNESS AND EMERGENCIES
I certify that I am physically fit, have no medical conditions that would prevent my safe participation, and have not been advised by a medical professional to avoid these activities. In case of emergency, I consent to receiving medical treatment, including first aid, emergency transport, and medical care, at my own expense. - MINORS
If signing on behalf of a minor (under 18 years of age), I acknowledge that I am the parent or legal guardian and assume full responsibility for their safety and compliance with these terms. I agree to indemnify the Released Parties for any claims brought by or on behalf of the minor. - GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed under the laws of South Africa, and any legal disputes shall be resolved in the courts of South Africa. - SEVERABILITY
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. - ACKNOWLEDGEMENT OF UNDERSTANDING
I have carefully read this Release of Liability, Waiver of Legal Rights, and Assumption of Risk, fully understand its contents, and voluntarily sign it of my own free will. I understand that by signing this document, I am waiving certain legal rights that I may otherwise have against the Released Parties.