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ISLAND TOUR/RESTRICTED AREA REL EA SE AND WAIVER WAIVER OF LIABILITY LIABILITY,, AS SUM PTION PTION OF OF RIS K AND INDEMNITY INDEMNITY AGR EEME NT
(Please initial on the line following each numbered paragraph to indicate you have read and understood that paragraph,then sign at the bottom in the presence of a Par Travel and Tours employee who will sign the document as witness.) In consideration of being permitted to participate in the activity known as the Samal Island Hopping Tour, or being permitted to enter for any purpose, any restricted area (any area requiring special authorization to enter or any area to which admission by the general public is restricted or prohibited), the undersigned, for him/her self or for his/her participating minor child, and any personal representative, heirs, and the next of kin or School Administr Administrators ators (collectiv (collectively ely “ Participant”), hereby hereby agrees agrees and covena covenants nts with with Par Travel Travel and Tours Tours,, its Directors, stock holders, representatives, vendors, agents and employees (collectively “ Releasee”) as follows: 1. Participan Participantt acknowledges acknowledges that that the Island Tour Tour and/or and/or entrance to restricted restricted areas areas are activities activities that have hazards which involve the risk of personal injury, serious injury and/or death and/or property damage and which include, but are not limited to, negligent acts or omissions by Releasee and it’s it’s employees, unknown conditions, conditions, darkness, slippery surfaces, dislodged rocks, temperatur temperaturee variation variation,, equipment equipment malfunctio malfunction, n, and others. others. The undersigne undersigned d also expressly acknow acknowled ledges ges that that injuri injuries es receiv received ed and/or and/or prope property rty damage damage incur incurred red may be caused caused,, comp compou ound nded ed or incr increa ease sed d by negl neglig igen entt resc rescue ue oper operat atio ions ns or proc proced edur ures es of Rele Releas asee. ee. _______________. 2.
PARTIC ARTICIP IPAN ANT T EXPRES EXPRESSL SLY Y AND VOLUN VOLUNT TARIL ARILY ASSUM ASSUMES ES ALL RISK RISK AND RESP RESPON ONSI SIBI BILI LITY TY FORA FORAND ND RELEA RELEASES SES RELE RELEAS ASEE EE FROM FROM,, ALL ALL CLAI CLAIMS MS,, DEMANDS, CAUSES OF ACTION, INJURIES AND/OR DAMAGES ARISING FROM PARTICIPATION IN THE ISLAND TOUR AND OR ENTRANCE TO RESTRCTED AREAS, AREAS, INCLUD INCLUDING ING WITHOU WITHOUT T LIMIT LIMITA ATION, TION, DEATH, DEATH, PERSON PERSONAL AL INJUR INJURY Y, PROPERT PROPERTY Y DAMAGE, DAMAGE, AND LOSS OR LIABILITY LIABILITY,, INCLUDING INCLUDING THAT THAT ARISING ARISING FROM THE PASSIVE OR ACTIVE NEGLIGENCE OF RELEASEE, AS WELL AS, HIDDEN, LATENT, OR OBVIOUS DEFECTS OR HAZARDS IN THE EQUIPMENT OR IN THE CAVERN ENVIRONMENT ITSELF WHICH MAY BEEN COUNTERED AND/OR INCURRED ON THE ADVENTURE TOUR OR IN RESTRICTED AREAS (ORWHICH MAY BE ENCOUNTERED AND/OR INCURRED BY THE PARTICIPATING ARTICIPATING MINOR CHILD).________________
3. Partic Participa ipant nt declares declares that he/she he/she (or my particip participati ating ng minor child) child) has no history history of illnes illnesss or injury injury that may hinder hinder ability to participate participate on the Par Travel Travel and Tour Tour Island Tour and/or entrance and exploration of any restricted area Participant hereby assumes full responsibility, both financial and legal, and releases Releasee from any liability or responsibility, for any previous illness or injury to himself/herself (or my participating minor child) which may be exacer exacerbat bated ed in any manner manner by partic participa ipatio tion n in the the Howe Howe Cavern Cavernss Advent Adventure ure Tour and/or and/or exploration of any restricted area. ________________ ________________
4. PARTICIP ARTICIPANT ANT FOREVER FOREVER RELEASES, RELEASES, WAIVE WAIVES, S, DISCHARGES DISCHARGES RELEASEE FROM, AND AND COVENANTS NOT TO SUE RELEASEE FOR ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, -INJURIES OR DAMAGES THAT PARTICIPANT MAY HEREAFTER HAVE (OR THAT THE PARTICIPATING MINOR CHILD MAY HEREAFTER HAVE) FOR DEATH, INJURIES AND DAMAGES ARISING OUT OF PARTICIPATION (OR PARTICIPATION OF THE MINOR CHILD) IN THE ISLAND TOUR AND/OR ENTRANCE AND EXPLORATION OF ANY RESTRICTED AREA, INCLUDING, BUT NOT LIMITED TO, THAT CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASEE OR HIDDEN, LATENT LATENT,, OR OBVIOUS DEFECTS OR HAZARDS IN THE EQUIPMENT OR IN THE CAVERN ITSELF. ________________ 5. PARTI ARTICI CIP PANT ANT AGRE AGREES ES THA THAT THIS THIS RELE RELEAS ASE E AND AND WAIVE AIVER R OF LIAB LIABIL ILIT ITY Y, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT EXTENDS TO ALL ACTS OF NEGLIGEN NEGLIGENCE CE BY RELEASEE, RELEASEE, INCLUDING INCLUDING,, WITHOUT WITHOUT LIMITA LIMITATION, TION, NEGLIGENT NEGLIGENT GUID GUIDE E OR RESC RESCUE UE OPER OPERA ATION TIONS, S, AND AND IS INTE INTEND NDED ED TO BE AS BROA BROAD D AND AND INCL INCLUS USIV IVE E AS IS PERM PERMIT ITTE TED D BY THE THE LAWS LAWS OF THE THE REPU REPUBL BLIC IC OF THE THE PHILIP PHILIPPIN PINES ES AND AND THAT THAT IF ANY PORTIO PORTION N THEREO THEREOF F IS HELD HELD INVAL INVALID, ID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. ______________ 6. Participan Participantt agrees to be financial financially ly responsib responsible le for any medical medical treatment treatment and/or and/or any necessary necessary emergency evacuation resulting from participation (or that of the minor child) on the Island Tour Tour or the exploration of any restricted area. _______________ _______________ 7. Partic Participa ipant nt agrees agrees to allow allow Par Trav Travel el and Tour Tourss to use any phot photos, os, video video tapes tapes or voice voice recordings of me (or the participating minor child) for purposes of publicity, advertising and other promotions, including the use of my name. Participant hereby releases and discharges Par Travel and Tours from any and all claims and demands arising out of or in connection with the use of the photographs, video tapes or voice recordings including, without limitation, any and all claims for libel, slander, misrepresentation misrepresentation or false light. _______________ 8. PARTICIP ARTICIPANT ANT AGREE AGREES S TO DEFEND, HOLD HARMLESS HARMLESS AND INDEMNIFY INDEMNIFY RELEASE RELEASEE E FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, FINES, COSTS, EXPENSES, AND OTHER LOSSES OR DAMAGES ARISING FROM FROM PARTI ARTICI CIP PANT’ ANT’S S PARTI ARTICI CIP PATION TION IN THE THE ADVE ADVENT NTUR URE E TOUR OUR OR EXPLORATION OF ANY RESTRUCTED AREA, INCLUDING WITHOUT LIMITATION, ANY DEATH OR INJURY TO ANY OTHER ADVENTURE TOUR OR EXPLORATION PARTICIPANTS OR EMPLOYEES OF RELEASEE AND ANY PROPERTY DAMAGE TO THE EQUIPM EQUIPMENT ENT OF RELEAS RELEASEE EE OR OTHER OTHER ADVEN ADVENTUR TURE E OR EXPLOR EXPLORA ATION TION PARTICIP ARTICIPANTS ANTS OR THE PHYSICAL PHYSICAL AREAS ENCOUNTE ENCOUNTERED RED AND/OR AND/OR INCURRED INCURRED FROM PARTICIPANT’S PARTICIPANT’S PARTICIP PARTICIPA ATION IN THE ISLAN ISLAND D TOUR. _______________ _________ ______ 9. I have read this Release Release and Waiver Waiver of Liability Liability,, Assumptio Assumption n of Risk and Indemnity Indemnity Agreem Agreement, ent, fully understand its terms, understand that I released and granted substantial rights by signing it, and have signed it freely and voluntarily without any undue inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. This agreement shall be governed by the laws of the Republic of the Philippines. _______________ ___________________ Signature Signatur e of Participant Partici pant and/or Parent/Guardian of Participating Minor Child
__________________ Today’s Date
______________________ Signature Signatur e of Witness
PLEASE PRINT THE FOLLOWING INFORMATION: Name_______________________ Name____________________________________ ______________________ _________ Name of participating minor child (if Applicable)______________________________ Applicable)___________________________________________ ______________ _ Address_____________________ Address__________________________________ _________________________ ________________ ____ City______________________ City______________________________ ________ Province _________ Zip________________ Phone__(______)_______________ Phone__(______)_________________________ __________
IN CASE OF EMERGENCY PLEASE CALL: Name_______________________ Name____________________________________ ______________________ _________ Phone__(______)_______________ Phone__(______)_________________________ __________
