Waiver of Liability and Hold Harmless Agreement
Introduction to the Waiver Policy
Participation in trips organized by One With Whales involves certain inherent risks due to the nature of outdoor and aquatic activities. To ensure mutual understanding and to safeguard both participants and our organization, all guests are required to read, understand, and agree to this Waiver of Liability and Hold Harmless Agreement. Acknowledgment of this waiver is mandatory for participation. By marking the checkbox below (on sign up form), you confirm that you have carefully reviewed this agreement and voluntarily accept its terms.
If you have any questions or concerns, please contact us prior to your trip. Failure to agree to this waiver will result in denial of participation, and no refunds will be provided. Full text of the waiver is provided below. When signing up to participate in the trip, acknowledgement of the waiver is done by checking a box and including your name and the date below it.
Waiver of Liability and Hold Harmless Agreement
PLEASE READ CAREFULLY BEFORE AGREEING
By marking the checkbox below, I, the undersigned participant, agree to the following terms and conditions:
1. Acknowledgment of Risks
1.1 I understand and acknowledge that participation in activities organized by One With Whales involves inherent risks, including but not limited to:
Physical exertion associated with freediving, snorkeling, hiking, and other outdoor activities.
Interaction with marine life and unpredictable environmental conditions.
Travel to remote locations with limited medical facilities or emergency response capabilities.
1.2 I voluntarily assume all risks associated with these activities, including injury, illness, property loss, or death.
2. Release of Liability
2.1 To the fullest extent permitted by law, I release, waive, and discharge One With Whales, its owners, directors, employees, agents, contractors, and affiliates from any and all liability for claims, damages, losses, or expenses arising from my participation in the trip.
2.2 This release applies to claims resulting from negligence, breach of contract, or any other cause, except for gross negligence or willful misconduct by One With Whales.
3. Indemnification
I agree to indemnify and hold harmless One With Whales and its affiliates from any claims, damages, or expenses arising from:
My actions, negligence, or failure to comply with instructions during the trip.
Any injury or loss suffered by myself or others due to my participation.
4. Medical and Emergency Situations
4.1 I confirm that I have adequate travel medical insurance, as required by One With Whales, covering freediving, snorkeling, hiking, and emergency evacuation.
4.2 I understand that I am solely responsible for any medical or evacuation expenses incurred during the trip.
4.3 I will bring a printed copy of my insurance policy and provide it to the guide upon arrival for use in case of an emergency.
5. Behavior and Compliance
5.1 I agree to follow all instructions provided by One With Whales guides and staff and to respect local laws, cultures, and wildlife.
5.2 I understand that disruptive or unsafe behavior may result in my removal from the trip without refund. This is made at the discretion of the Trip Leader, Local Hosts, and or One with Whales Directors.
6. Photographic and Media Release
6.1 I consent to the use of photographs or videos taken during the trip for promotional purposes by One With Whales.
6.2 If I do not wish to appear in promotional material, I will notify One With Whales in writing prior to the trip.
7. Governing Law and Jurisdiction
This agreement is governed by the laws of Canada (federal) and the province of British Columbia. Any disputes arising from this agreement will be resolved exclusively in the courts of British Columbia.