Liability Policy / Release Agreement
Eco-Logic Thailand and the Thai Child Development Foundation Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereinafter the “Release Agreement”)
BY BOOKING WITH ECOLOGIC THAILAND (hereinafter "Eco-Logic") AND THE THAI CHILD DEVELOPMENT FOUNDATION (hereinafter 'TCDF") GUESTS AND VISITORS (herinafter "Guests") AGREE WITH THE RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ILLNESS OR ACCIDENT PLEASE READ CAREFULLY!
Eco-Logic and TCDF and their respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, volunteers, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees")
In this Agreement, the term "activities" includes all activities that take place at Eco-Logic and/ or at TCDF and shall include events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but are not limited to: boating; river rafting; biking; swimming; caving; hiking; day trips, excursions; sightseeing; use of hot tubs and pools; and all travel by car, van, open bus, water and motor vehicle.
ASSUMPTION OF RISKS
Guests are aware that the activities offered by the Releasees may take place in a wilderness environment and that participation in these activities involves various risks, dangers and hazards. The environment in which many of these activities are conducted, involves the risks of overturning or upsetting of rafts and boats, drowning and collision with natural objects and other vessels.
Other risks, dangers and hazards associated with the activities include, but are not limited to: infectious diseases spread by other human and animal carriers, accidents during yoga and during other exercise practices and day trips, falling branches and trees, landslides and floods, lighting strikes and encounters with domestic or wild animals, including snakes, bees, mosquito's and other insects; encounters in and around the accommodation, in the open bathrooms, in the yoga hall, in the restaurants, in the gardens and rivers and on the paths; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES.
Guests UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE STAY IN THE NATURE LODGE AND ON THE PREMISES OF Eco-Logic and TCDF.
Communication in the wilderness environment and in rural Thailand is difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be immediately available, or may be delayed.
Guests ARE AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing Gueststo participate in the activities at Eco-Logic and the TCDF and permitting use of their equipment, vehicles, parking and other facilities Guests hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that Guests have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that Guests may suffer or that my next of kin may suffer as a result of my participation in the activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE ON THE PART OF THE RELEASEES.
Guests UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party resulting from Guests participation in the activities;
This Release Agreement shall be effective and binding upon Guests heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity;
This Release 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 Thailand and no other jurisdiction; and
Any litigation involving the parties to this Release Agreement shall be brought solely within Thailand and shall be within the exclusive jurisdiction of the Courts of Thailand.
In entering into this Release Agreement Guests are not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the activities, other than what is set forth in this Release Agreement.
Guests CONFIRM TO HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND ARE AWARE THAT BY BOOKING AND STAYING AT Eco-Logic and TCDF ARE WAIVING CERTAIN LEGAL RIGHTS WHICH Guests OR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.