Waiver of Liability

Last Updated: 6 February , 2025.

BY AGREEING TO THE TERMS OF THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS

PLEASE READ CAREFULLY


To: Manuia Travel LLC and its subsidiaries, affiliates, and related companies including, but not limited to, Manuia Travel LLC, and their respective directors, officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors, and assigns (individually and collectively, “MANUIA TRAVEL”)

Activities

"Activities" means the activities and services that Manuia Travel will be providing, arranging, or organising on my behalf depending on my chosen itinerary.

These may include:

  • participation in an adventure travel tour

  • canyoneering

  • caving

  • cycling

  • hang-gliding

  • horse riding and other equine activities

  • hot air balloon rides

  • mountain biking

  • parasailing

  • rock/rope climbing

  • rappelling

  • zip lining

  • scuba diving

  • helicopter activities

  • white water rafting

  • travel in jet boats/speed boats

  • sailing

  • trekking

  • mountaineering

  • surfing

  • paragliding

  • travel in public and private transportation (including to and from tour areas)

Acknowledgment - Health & Safety

I am aware that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects.

I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities.

I acknowledge that I am required to wear approved safety equipment while participating in certain Activities. I am aware that there are guides and instructors available to answer any questions I may have as to the proper use of any equipment.

Assumption of Risks

I am aware that the Activities involve many risks, dangers and hazards which may include but are not limited to:

  • personal injury and/or death;

  • travel to remote areas without access to medical facilities or treatment

  • changing weather conditions;

  • interactions or encounters with wildlife;

  • equipment malfunctions

  • negligence of other participants or guides;

  • negligence on the part of the Manuia Travel, including failure to safeguard or protect from the risks or dangers of the Activities

  • consumption of alcohol;

  • collisions with vehicles, equipment, or structures;

  • becoming lost or separated from guides or other participants; and the failure to remain within designated areas.

Alcohol and Illegal Substances

If I use, consume, or am under the influence of alcohol or illegal drugs prior to or while engaging in the Activities, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Manuia Travel or third parties, and will indemnify Manuia Travel from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES.

I am not relying on any oral or written representations or statements made by Manuia Travel about the safety of the Activities other than what is stated in this Waiver.

I freely accept and fully assume these risks and the possibility of injury and loss resulting from my participation in the Activities.

Release of Liability, Waiver of Claims, and Indemnity Agreement

In consideration of Manuia Travel allowing me to participate in the Activities I agree:

  1. In the event that I, or my next of kin, suffer any loss, damage, expense, or injury from my participation in the Activities INCLUDING THOSE CAUSED BY THE RISKS SPECIFICALLY OUTLINED IN THIS WAIVER, I AGREE TO WAIVE ANY AND ALL CLAIMS I have or may have in the future against MANUIA TRAVEL  and to RELEASE MANUIA TRAVEL from any and all liability;

  2. TO HOLD HARMLESS AND INDEMNIFY MANUIA TRAVEL from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Activities;

  3. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.

  4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.

  5. This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction.

I HAVE READ AND UNDERSTAND
THIS AGREEMENT
PRIOR TO CHECKING THE BOX BELOW
CONFIRMING MY AGREEMENT.

I am aware that by checking the box below
or booking any Experience and/or Tour
I am waiving certain legal rights
which I may have against MANUIA TRAVEL.