Interpretation

You must read this document (hereinafter the “Liability Waiver”) fully and carefully, as it aects your legal rights. Agreeing to the terms of this Liability Waiver is a condition to access and use all Activities (defined below) at Ramada Suites by Wyndham Wailoaloa Beach Fiji (the “Resort”). Signing this Liability Waiver signifies that:

1. you have read this waiver in its entirety and you agree with all its terms
2. you understand the risks involved in the Activities (defined below)
3. you acknowledge that you are signing it freely and voluntarily.

In consideration of my participation in the Activities (defined below) and intending to be legally bound hereby, I agree as follows

Definition

In this Release Agreement, the term “the Activities” means all activities, Events or Services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: whitewater rafting, still water rafting, kayaking, stand-up paddle boarding; swimming, hiking, rental of rafts and kayaks (hereinafter “the boats”) and other equipment; orientation and instructional courses, seminars and sessions; and all travel, transport, meals and accommodation and other such activities, events and services in any way connected with or related to the Activities and Services

Risk Of Activity

Inherent and Additional Risks. By signing this Liability Waiver, I acknowledge that my participation in the swimming, sporting, travelling, outdoor pool, recreational activities, and in general any and all the activities that take place at Ramada Suits by Wyndham Beach Club Fiji , involving the use of the Facilities (defined below), premises and/or Equipment (defined below), including but not limited to any listed below: locker rooms, surrounding areas and equipment storage facilities (the “Activities & Services”) are inherently dangerous, and I fully realize the risk and danger of my participation in the Activities/ services and utilization of the Facilities (defined below). These risks and dangers include the risk and danger of ;

1. PHYSICAL INJURY AND/OR DEATH;
2. Drowning or losing consciousness while participating in the Activities;
3. Minor injuries, such as scratches, bruises and sprains;
4. Major injuries, such as joint and back injuries, broken bones, dislocated shoulders, heart attacks, concussions, and lack of hydration;
5. Catastrophic injuries, such as brain injury and paralysis;
6. Risks including those caused by terrain, facilities, temperature, weather, health condition of participants, use of equipment, vehicular use and traveling to or from an event, actions of other people including other patrons, employees, agents, volunteers, event offcials, event monitors and producers of the event.

Equipment. I will previously inspect all equipment offered for use by the Resort and will exercise due care with such equipment (the “Equipment”) and ask questions to Ramada Suites by Wyndham Wailoaloa Beach Fiji representatives and/or employees if I do not fully understand how to use either the Equipment or the facilities used by Resort in connection with the Activities (the “Facilities”)

Release, Indemnification and Assumption of Risk.

Release. I ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY HEIRS, ADMINISTRATORS AND ASSIGNS HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND WILL NOT SUE OR BRING ANY OTHER LEGAL ACTION AGAINST RAMADA SUITES BY WYNDHAM WAILOALOA BEACH FIJ, COVE MANAGEMENT PTE LTD or any of its owners, offcers, directors, employees, servants, successors or agents (collectively the “Released Parties”) with respect to any and all claims and causes of action of any nature, whether currently known or unknown, that I may have or which could be asserted on my behalf in connection with my or another party’s participation in the Activities or services (including use of the Equipment and the Facilities), including:

1. Claims for any loss, damage, injury, illness, death, medical or other expense and/or property damage that I may suffer or that any other party may suffer, due to any cause whatsoever; and
2. Claims of negligence, breach of warranty, and/or breach of contract.

Indemnity. I ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY HEIRS, ADMINISTRATORS AND ASSIGNS HEREBY WILL HOLD HARMLESS AND INDEMNIFY all the Released Parties from any and all liability, cost, expense, or damage of any kind or nature whatsoever for any property damage or personal injury to any third party and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to my participation in the Activities/Services (including use of the Equipment and the Facilities).

Assumption of Risk. I on behalf of myself, my spouse, my children, my heirs, administrators and assignees freely accept and fully assume responsibility for all dangers and risks related to my participation in the Activities / Services (including use of the Equipment and the Facilities) and the possibility of personal injury, death, property damage or loss resulting therefrom. Likewise, I on behalf of myself, my spouse, my children, my heirs, administrators and assigns acknowledge and understand that the description of the risks and dangers listed above is not complete and that participating in the Activities and services involves additional risks and dangers, which may include encounters with recreational activities and equipment, limited access to and/or delay of medical attention, mental distress from participation in the Activities, and negligence of others.

Consequently, I on behalf of myself, my spouse, my children, my heirs, administrators and assigns understand that there are risks involved in the decision-making and conduct of the Resort’s representatives involved with the Activities / Services, including the risk that an employee, agent or instructor may misjudge (i) my abilities or conditioning, (ii) weather, terrain, route selection, location, or (iii) some aspect of my mental, emotional or physical condition that may make all or a portion of the Activities / Services inappropriate for myself, my spouse and/or my children. I on behalf of myself, my spouse, my children, my heirs, administrators and assigns acknowledge that property loss, physical injury, and death are all possible from participation in the Activities / Services (including use of the Equipment and the Facilities).

I RECOGNIZING THE RISKS AND DANGERS AND ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY HEIRS, ADMINISTRATORS AND ASSIGNS UNDERSTAND THE NATURE OF THE ACTIVITIES AND VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF MY PARTICIPATION IN THE ACTIVITIES, INCLUDING USE OF THE EQUIPMENT AND FACILITIES, WHETHER OR NOT DESCRIBED IN THIS LIABILITY WAIVER, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

Medical Care

In connection with any injury I may sustain or illness or other medical conditions I may experience during my participation in the Activities/Services, including in use of the Equipment or Facilities, I authorize any emergency first aid, medication, and medical treatment deemed necessary by the attending personnel or any Ramada Suites by Wyndham Wailoaloa Beach Fiji representative. I acknowledge that any such emergency assistance or treatment may be rendered by persons with training or experience that may not be adequate for certain medical situations or the injuries sustained by me, and I waive any claim in respect thereof in accordance with Section 2 above. I expressly acknowledge that the Activities/Services and the Facilities may be located far from medical facilities and that such distance may exacerbate any injury or condition I sustain. I will pay all costs associated with such medical care and related transportation.

Binding Effects

This Liability Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, and assigns.

Risk of Travel / Trip Activities

I understand that participation in trip activities could involve risk of physical injury, illness, death or property loss, and despite safety precautions, Ramada Suites by Wyndham Wailoaloa Beach Fiji cannot guarantee safety thereof, as all risks cannot be prevented. Ramada Suites by Wyndham Wailoaloa Beach Fiji, does not provide health and accident insurance for trip participants, and I understand that any medical expenses, property loss, or other personal expenditures that result during or from this travel/trip, are to be borne by the participant or guest, or by their parent or guardian (if participant is a minor). I also hereby consent, give authorization to, and release from liability; trip leaders to secure any emergency medical treatment in event I am unable to, and I agree to be responsible for the costs thereof.

I further acknowledge that if I drive my own vehicle, or am a passenger in another’s private vehicle in connection with this trip/travel/tour, that Ramada suites by Wyndham Wailoaloa Beach Fiji does not cover any insurance of such a private vehicle. I also understand that the Ramada Suites by Wyndham Wailoaloa Beach Fiji cannot be responsible for assuring the safety and reliability of such private transportation or driver, nor for any non-sponsored activities and travel that I/my child might choose to participate in before, during or after the sponsored travel/trip/tour, and I therefore accept the risks and responsibilities associated with such private vehicle travel and activities.

In consideration of the opportunity afforded, with full knowledge and acceptance of the risks associated with this trip/tour/travel and any recreational activities noted within; and with full understanding of the above issues/conditions and risks, I hereby release, indemnify and hold harmless Ramada Suites by Wyndham Wailoaloa Beach Fiji, its faculty/staff, trustees, offcers, volunteers, and agents from all form and manner of risks inherent in, and from all claims, suits and demands of any nature arising from participation in said trip/tour/travel, or activities.

Miscellaneous

I acknowledge and agree to the following provisions:

Rules and Directions of Ramada Suites by Wyndham Wailoaloa Beach Fiji. While I participate in any of the Activities, I understand and acknowledge that I must follow all rules and conditions governing my participation and follow the lawful direction of staffand management of Ramada Suites by Wyndham Wailoaloa Beach Fiji or of any Facilities.

Hazards. If I observe any unusual hazard during my participation in any Activities/Services, I will immediately remove myself from such hazard and bring such hazard to the immediate attention of staff present at the Activities/Services or the Facilities. If I have any doubts as to such safety or suitability, I will not participate in the Activities/Services or Facilities and immediately remove myself from the perceived area of danger.

Minor Child/Ward. In consideration of and as a strict condition of the child’s participation in the Activities/ Services. I hereby entered into this Liability Waiver, according to the terms set out above on behalf of the child identified below intending to legally bind myself and said child. No individual under the age of 16 years, is permitted into the Water Park without Adult, Parent or Guardian supervision. If the undersigned is under eighteen (18) years of age, this Liability Waiver must be executed by a Parent, Guardian, or accompanying adult.

Applicable Law. This Liability Waiver will be governed in all respects by the laws of the Fijian Government. The term “including” is used herein with the less than all-inclusive meaning commonly associated with “including without limitation” and “including but not limited to”. Unless the context clearly indicates otherwise, (i) use of “or” shall be deemed to have the meaning commonly associated with “and/or,” (ii) reference to the singular or plural includes the other and (iii) reference to one gender includes both genders.