Liability Waiver
Introduction:
This document serves as a Liability Waiver and Release of Responsibility ("Waiver") between Ripple Effect Rides Co., LTD. ("Tour Operator") and you, the participant ("Participant"), for your participation in a multi-day bike ride tour in Cambodia operated by the Tour Operator (the "Tour"). Please read this Waiver carefully before signing. By signing below, you acknowledge that you have read and understood the terms and conditions of this Waiver, and you agree to be bound by them.
Assumption of Risk:
Participant acknowledges and understands that inherent risks are involved in travel and participation in various activities, which cannot be eliminated entirely. These risks include, but are not limited to:
- Changes to Itinerary: The Tour Operator may need to adjust the itinerary due to unforeseen circumstances like weather, road closures, or availability of accommodations. The waiver can acknowledge this possibility and outline the Tour Operator's responsibility to provide a reasonable alternative.
- Transportation: While the Tour Operator takes all reasonable precautions to ensure safe transportation throughout the tour, Participant acknowledges that there are inherent risks associated with any mode of transportation. Participant agrees to release the Tour Operator from liability for any injury, loss, or damage arising from accidents or incidents involving the tour vehicles, including, but not limited to, mechanical breakdowns, road conditions, or negligence of other drivers.
- Traffic Safety: Traffic laws and regulations in Cambodia may differ from those in Participant's home country. Exercise caution when crossing roads, be aware of motorbikes and aggressive driving.
- Weather: The weather in Cambodia can be unpredictable and vary greatly throughout the year. The Tour may be affected by rain, heat, dust, or other adverse weather conditions.
- Loss or Damage to Personal Belongings: The waiver can specify that the Tour Operator is not responsible for loss or damage to personal belongings during the tour.
- Health: Participant acknowledges that they are in good physical and mental health and capable of participating in the Tour without risk of injury or illness. Participant should consult with a physician before participating if they have any concerns about their fitness for the Tour. Participants understand of potential health risks like food poisoning, illness, allergic reactions, dehydration, and pre-existing conditions that could be exacerbated by travel.
- Limited Medical Facilities: While medical care is available in Cambodia, the quality and availability may vary, especially in rural areas. Travel insurance with good medical coverage and evacuation options is highly recommended.
- Unforeseen Circumstances: Participant acknowledges that rare, natural disasters, earthquakes, floods, wildfires, or even civil unrest and political instability are possibilities.
Release of Liability:
In consideration of the Tour Operator allowing Participant to participate in the Tour, Participant hereby agrees to the following:
- To release and hold harmless the Tour Operator, its agents, employees, and guides from any and all liability for any loss, damage, injury, or death that Participant may suffer or incur during or as a result of the Tour, regardless of the cause or negligence of any party.
- To assume all risks associated with Participant's participation in the Tour, including, but not limited to, the risks described above.
- To be solely responsible for any and all medical expenses incurred as a result of any injury or illness sustained during or as a result of the Tour.
- To waive any right to sue the Tour Operator for any reason related to Participant's participation in the Tour.
Insurance:
Participant is required to purchase travel insurance that covers medical expenses, evacuation, and tour cancellation. The Tour Operator will not be responsible for any costs associated with medical treatment or evacuation if Participant does not have adequate insurance coverage.
Governing Law and Dispute Resolution:
This Waiver shall be governed by and construed in accordance with the laws of Cambodia. Any dispute arising out of or relating to this Waiver shall be submitted to the exclusive jurisdiction of the courts of Cambodia.
Termination:
The Tour Operator reserves the right to terminate Participant's participation in the Tour at any time, with or without cause. If Participant breaches any of the terms of this Waiver, their participation in the Tour will be immediately terminated.
Entire Agreement:
This Waiver constitutes the entire agreement between the Tour Operator and Participant with respect to Participant's participation in the Tour. Any prior or contemporaneous agreements, representations, or understandings, whether written or oral, are superseded by this Waiver.
Severability:
If any provision of this Waiver is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
By signing below, Participant acknowledges that they have read and understood this Waiver and agree to be bound by its terms and conditions.