Waiver of Liability and Hold Harmless Agreement
1. Introduction
This Waiver of Liability and Hold Harmless Agreement (the "Agreement") is entered into by and between Immersiv Expeditions ("Company") and the undersigned participant ("Participant"). By signing this Agreement, Participant agrees to the terms and conditions set forth below.
2. Acknowledgement of Risks
2.1 Participant acknowledges that they will be engaging in activities that involve inherent risks, including but not limited to free diving, SCUBA diving, hiking, and other physical activities.
2.2 Participant understands that these activities involve risks of injury, illness, and in extreme cases, death, which may be caused by natural forces, equipment failure, human error, or other unforeseen circumstances.
3. Assumption of Risk
3.1 Participant agrees to assume full responsibility for any and all risks of injury, illness, or death that may result from participation in the activities offered by Immersiv Expeditions.
3.2 Participant agrees to assume full responsibility for any and all risks of damage to or loss of personal property during the trip.
4. Waiver of Liability
4.1 Participant, on behalf of themselves, their heirs, executors, and assigns, hereby waives, releases, and discharges Immersiv Expeditions, its officers, directors, employees, agents, and affiliates from any and all claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death sustained during participation in the trip, regardless of whether such loss is caused by the negligence of the Company or otherwise.
5. Hold Harmless
5.1 Participant agrees to indemnify and hold harmless Immersiv Expeditions, its officers, directors, employees, agents, and affiliates from any and all claims, demands, actions, causes of action, damages, costs, and expenses, including attorney's fees, arising out of or related to any loss, damage, injury, or death sustained during participation in the trip.
6. Medical Treatment
6.1 Participant acknowledges that they are responsible for their own health and medical condition and that they have consulted with a healthcare provider to ensure that they are in suitable health to participate in the activities.
6.2 Participant authorizes Immersiv Expeditions to obtain emergency medical treatment on their behalf in the event of an injury or illness, and agrees to bear all costs associated with such treatment.
7. Compliance with Rules and Instructions
7.1 Participant agrees to comply with all rules, regulations, and instructions provided by Immersiv Expeditions and its representatives.
7.2 Participant acknowledges that failure to comply with such rules, regulations, and instructions may result in removal from the trip without a refund.
8. Governing Law
8.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Immersiv Expeditions is registered.
8.2 Any disputes arising out of or related to this Agreement shall be resolved in accordance with these laws.
9. Severability
9.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Entire Agreement
10.1 This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous understandings, whether written or oral, relating to the subject matter herein.
By signing below, Participant acknowledges that they have read, understood, and agree to the terms and conditions of this Waiver of Liability and Hold Harmless Agreement.