ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT FOUNDATION

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) 

 

BY VISITING YOU AGREE WITH THIS 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! 

 

In exchange for ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT FOUNDATION permitting my and/or my minor child(ren)’s or ward(s)’ participation in activities at ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT FOUNDATION, I consent and agree to all of the following on behalf of myself and any minor child(ren) or ward(s): 

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DEFINITIONS 

In this Agreement, ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT FOUNDATION and their respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, volunteers, successors and assigns are hereinafter collectively referred to as the “Releasees.”

 

The term “Activities" includes all activities, visits, and stays that take place at or in connection with ECOLOGIC THAILAND and/or the THAI CHILD DEVELOPMENT FOUNDATION and include without limitation 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 accommodations, restaurant, lavatories, sport field, wellness areas, hot tubs and pools; and all travel including without limitation by car, van, open bus, water and motor vehicles. 

 

ASSUMPTION OF RISKS 

I acknowledge that participation in the Activities can be physically demanding or dangerous and that my and/or my minor child(ren)’s or ward(s)’ participation is entirely voluntary.

I agree to voluntarily assume any and all risks which are inherent in, or are in any way related to, my and/or my minor child(ren)’s or ward(s)’ participation in the Activities.

I represent to the Releasees that I and my minor child(ren) or ward(s) am/are in good health and suffer from no physical impairment or defect which might limit my/our ability to participate in the Activities.

I further represent that if at any time I/we feel or believe that I am/we are endangered by, or unable to continue participation in the Activities I/we will immediately discontinue such participation. 

I am aware that the Activities 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 encountering dangerous animals and insects and collision with natural objects such as branches and rocks. Other risks, dangers and hazards associated with the Activities include, but are not limited to injury, illness or death from: infectious diseases spread by human and animal carriers, bacteria and viruses including without limitation COVID-19, dengue, malaria, and other diseases; accidents or injuries during yoga and other exercise practices and day trips; falling branches and trees; landslides and floods; tripping, slipping, falling, drowning, lighting strikes; encounters with domestic or wild animals, including without limitation snakes, leeches, bees, mosquitos, ticks and other insects or animals; 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; accidents involving motor vehicles or other transport; hazards in connection with electrical shock from plugs and wires or other electrical hazards; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES.

 

I 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 ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT FOUNDATION.

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.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM OR IN CONNECTION THEREWITH. 

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT 

In consideration of the Releasees allowing me and/or my minor child(ren) or ward(s) to participate in the Activities and permitting my/our use of their equipment, vehicles, parking and other facilities I hereby agree as follows: 

 

1. TO WAIVE ANY AND ALL CLAIMS that I/we have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage (including without limitation any consequential damages), expense or injury including death that I/we may suffer or that my/our next of kin may suffer as a result of or in connection with my/our participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING SOLE, JOINT, ACTIVE OR PASSIVE NEGLIGENCE OR GROSS 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. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME/US FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE; 

2. 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 my/our participation in the Activities. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators and assigns, I hereby agree to indemnify and hold each of the Releasees harmless from and against any and all claims made or incurred by anyone, including myself, arising out of or in any way connected to the representations I have made in this Agreement or my/our participation in the Activities, wherever such activities may occur and whether suffered before, during or after such participation. My indemnification obligations shall include, without limitation, any consequential damages incurred by any of the Releasees and all attorneys’ fees and costs incurred by any of the Releasees through and including any appeals.  

3. I understand and agree that I am not relying on the Releasees to have arranged for, or carry, any insurance of any kind for my/our benefit relative to my/our participation in the Activities, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my and/or my minor child(ren)’s or ward(s)’ participation in the Activities, at my own expense. 

4. I expressly agree that the Release and Indemnity provided for in this Agreement shall cover all physical and emotional injuries and/or damages, including without limitation all bodily injury (including death) and property damage, whether suffered by me or and/or my minor child(ren) or ward(s) or anyone else before, during or after participation. Additionally, I expressly agree that the scope of the Release and Indemnity shall include any claims related, in whole or in part, to my own actions, the actions of third parties or in any way related to the use of any equipment or property, whether foreseeable or unforeseeable. 

5. This Release Agreement shall be effective and binding upon myself, my minor child(ren) or ward(s), heirs, next of kin, executors, assigns, administrators and representatives; 

6. 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;  

7. 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. I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY; and

8. If any provision or part thereof of this Agreement is held to be invalid, void or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from this Agreement without affecting the binding force or effect of any other part or provision. 

 

In entering into this Release Agreement I am 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. 

 

I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY VISTING AND BOOKING I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I AND/OR MY MINOR CHILD(REN) OR WARD(S), HEIRS, NEXT OF KIN, EXECUTORS, ASSIGNS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES

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