Goodwave Adventures Liability Waiver Form

IN CONSIDERATION of being permitted to learn/practice kayaking and related activities, hereinafter referred to as “Activities” for short conducted by M/s Madras Fun Tools, having its registered office at No 3B, Srinidhi, T37 A&B, 16th Cross Street, Besant Nagar, Chennai – 600090 represented by its partner Jacopo Nordera, (Hereinafter referred to as the “Conductor”, under the guidance of Jacopo Nordera, Anvesh Singh Thapa, Manik Taneja , Naveen Shetty and Varun Nayar hereinafter jointly and severally referred to as the “Instructors”, I the undersigned for myself, my personal representatives, assigns, heirs, and next of kin:

1. ACKNOWLEDGE, agree, and represent that I am aware of the risks associated with the Activities and have also been apprised by the conductor through its instructors of the inherent risks and dangers associated with kayaking in flat water and white water and having understood the risks associated with the sport has willingly agreed to learn and participate in the sport of kayaking.

 2. Assure that I am in proper and good health and I am physically fit to learn and participate in the sport of kayaking and represent that I am not suffering from any disease which might remotely either put myself or the other participants/instructors to any risk or danger.

 3. State that I am not suffering from hydrophobia and I know to swim and I am comfortable swimming in flat and moving water.

 4. Agree to comply with the stated and customary terms and conditions of participation. I further agree and warrant that if at any time I believe and think that any conditions to be unsafe, I will immediately discontinue further participation in the Activities.

5. Shall not hold the conductor, instructors, employees, other participant, owners, lessors or anyone responsible for any injury/accident that might happen to me in the course of my journey to the venue and my journey backwards.

 6. FULLY UNDERSTAND that: (a) Kayaking and related ACTIVITIES INVOLVE RISKS AND DANGERS OF DAMAGE TO PERSONAL PROPERTY AND SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH, hereinafter referred to as ("RISKS"); (b) these Risks and dangers may be caused by my own NEGLIGENCE, LACK OF SKILL, by my actions or inactions, the actions or inactions of others participating and involved in the Activity, the condition in which the Activity takes place, or THE ERROR IN JUDGEMENT OF THE "INSTRUCTORS" NAMED ABOVE; (c) there may be OTHER RISKS TOGETHER WITH SOCIAL AND ECONOMIC LOSSES either known to me or not readily foreseeable at this time; (d) injuries caused by attacks of wild animals which might include but not limited to animals like elephants, crocodiles, fish, snakes, etc which may occur when close to the river/forest environment;  and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES that I may incur as a result of my participation in the Activity.

 7. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the conductor, Instructors, employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE BONAFIDE ERRORS OF THE "RELEASEES" OR OTHERWISE, INCLUDING ERROR IN JUDGEMENT IN RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.