For the purposes of this document:
Expedition X means:
Expedition X Limited and includes all management, employees and contractors of the company; and
A single-day trip or multi-day trip operated by Expedition X and includes arranging, facilitating and the provision of commercial guiding and associated activities.
Multi-day trip means:
A guided trip operated by Expedition X on single inflatable rafts which occurs over a number of days and includes over-night camping;
A guided trip operated by Expedition X on single inflatable rafts which occurs in one day.
It is a condition of your participation in any trip with Expedition X that you read, understand and accept this Waiver. By signing this Waiver you acknowledge and agree as follows:
1. I am physically fit and have no pre-existing medical, physical and/or psychological conditions that may affect my ability to participate in any trip or which may be aggravated by the trip.
2. All trips can be physically demanding adventure activities and may have extreme dangers and risks;
3. In participating in any trip there is an inherent risk of personal injury and property loss;
4. I take full responsibility for my actions while participating in any trip with Expedition X and acknowledge that Expedition X cannot guarantee my safety;
5. I must listen to the guides and follow their instructions at all times and failure to do so could jeopardise my safety and that of others;
6. If I am not happy with completing any trip, where it is safe to do so, I may choose to return to base (any refund in those circumstances is subject to Expedition X’s Terms and Conditions);
7. A guide may withdraw me from any trip for any reason, if in the guide’s opinion I am unable to complete the trip, I am affected by the consumption of alcohol or other drugs, I am a hazard to myself or any other person or property, language barriers mean it is unsafe for me to continue with the trip, or for any other reason. If a guide withdraws me from a trip, Expedition may refund to me part of the price for the trip as set out in Expedition X’s Terms and Conditions;
8. I participate in any trip entirely at my own risk and willingly accept all risks associated with any trip including the possibility of death, personal injury (including serious harm), property damage or loss resulting from any trip for any reason;
9. I consent to receive medical treatment in the case of injury, accident or illness during any trip and to indemnify Expedition X against any claims in respect of such treatment;
10. To the fullest extent permitted by law, I waive, release and discharge Expedition X from any and all claims, actions, proceedings, costs, expenses, losses or liabilities, for death, personal injury (including serious harm), suffering, partial or permanent disability, property damage, medical or hospital bills, changes to or disruption to travel plans, emergency travel, theft or damage of any kind, including economic loss, that may arise, directly or indirectly, as a result of participating in any trip with Expedition X, any act or omission of Expedition X, any negligence by Expedition X, any defect in the provision of goods and/or services by Expedition X, or any delay in the completion of any trip. This clause is subject to any rights or remedies I may have under the Consumer Guarantees Act 1993, or any other New Zealand law.
11. Neither I, nor my successors, heirs, next of kin, executors or administrators will make a claim of any kind whatsoever or commence proceedings in any jurisdiction against Expedition X for any of the claims, losses or liabilities that I have waived, released or discharged in this document.
12. I fully indemnify Expedition X, its management, employees and contractors against any liability, costs or damage suffered or incurred by Expedition, its management, employees and contractors as a result of my acts or omissions or arising from my death or any personal injury (including serious harm), or any other damage or loss suffered by me or any claims, actions, proceedings commenced against Expedition X in connection with my participation or otherwise in the trip.
13. I am over 18 years of age and I have read and understood this Waiver before signing it. By signing this Waiver, I am expressly binding my successors, heirs, next of kin, executors and administrators.
In New Zealand if you’re injured during an activity, New Zealand’s government department ACC may be able to help with the cost of treatment and support. You cannot sue a company or individual for personal injury in New Zealand – ACC replaces that right. For more information visit: acc.co.nz
PRIVACYYour privacy is important to Expedition X. You may choose not to give Expedition X your personal information. However, Expedition X may not permit your participation in the trip without this personal information.Please read the following carefully. It sets out how information you give in connection with your participation in a trip can be used, to whom it can be disclosed and how you can correct or update this information.
COLLECTION, USE, DISCLOSURE, ACCESS AND CORRECTION OF INFORMATIONExpedition X collects personal information from you in this waiver and other documents.Information collected from you may be used for any of the following purposes:
Expedition X may disclose this information to:
ACCESS AND CORRECTIONExpedition X will hold information collected from you and others. You are entitled at any time to request access to that information about you and to ask Expedition X to correct this information where you believe it is incorrect or out of date. To do so, please contact the Privacy Officer at: Expedition X Limited, Po Box 233 Te Anau, Telephone: [+64 3 4453080], or E-mail: [email@example.com].