IKO Center Name: GET - KITEsurfOMAN
IKO Center ID: 209265
In consideration of the undersigned’s rental of equipment from, and/or participation in certain activities provided by Global Edventure Travel SPC (GET SPC), including without limitation, tours and lessons/courses (any and all such activities, hereinafter the “activities"), the undersigned and, if applicable, the parent(s), spouse and/or guardian(s) of the undersigned, jointly and severally, and intending to legally bind themselves, and on behalf of their respective spouses, parents, heirs, executors, estates, legal and personal representatives, beneficiaries, administrators, successors and assigns (all of the forgoing, collectively “Releasors”), do hereby fully waive, release and discharge, and covenant not to sue Global Edventure Travel SPC and the governmental or private property upon whose property the activities are to be conducted and their respective affiliates, officers, directors, members, managers, employees, staff, agents, successors and assigns, (collectively, “Releasees”) from any and all liability and/or claims of illness, injuries, death, shock, paralysis, allergic reactions, and/or damages that may arise directly or indirectly as a result of undersigned’s use of rental equipment or participation in the activities, including, without limitation, any rights, claims, causes of action, suits, liabilities, negligence, gross negligence, conditions of the premises, weather or water conditions, damages, personal injury, death, loss of consortium, costs and expenses whatsoever, whether arising at last or in equity, or under local, state of federal law or regulation, and whether caused by the sole or joint negligence or torturous or other act or omission of the Releasees or any of them or any third party (collectively, the “Claims”).
- The Releasors hereby agree to indemnify and hold the Releasees harmless from all such Claims.
- The Releasors acknowledge that the terms of this Release and Waiver are contractual and not a mere recital.
- The Releasors hereby knowingly and voluntarily waive to the fullest extent permitted by law, the benefits of any statute, law, rule or common law, which may limit the scope of the covenants and releases contained herein.
The Releasees are fully aware, understand fully and assume the risks involved in the activities including, without limitation, the following:
- weather or water conditions; that there may be rip-tides, wind shears, lightening, wave action, currents, water spouts and other acts of God and force majeure events,
- equipment failure, operator error, collisions, capsizing, sinking, exposure to the elements, hypothermia, hyperthermia/heat related illness, drowning, and other hazards;
- that Releasors are not Lifeguards, water safety instructors and otherwise have no experience, expertise that would assist the undersigned in the event that the undersigned experiences trouble while in the water, operating the equipment or otherwise participating in the activities;
- that there are hazards, known and unknown, that may exist and which could injure or kill the undersigned including, without limitation, marine fauna and flora, obstructions and objects floating or submerged and other objects;
- that other guests, beach and water users and members of the public may be the cause through irresponsible actions, operating equipment improperly, or engage in unsafe conduct at the detriment of the health and well-being of the undersigned.
- that Releasees are not the manufacturers of the equipment; that equipment can have malfunctions, breakdown, and otherwise not work properly; that any of the foregoing could result in death and bodily injury to the undersigned and others,
In each instance, the Releasors and each of them voluntarily and knowingly assume all such risks and waive, release and discharge, and covenant not to sue the Releasees or any of them with respect to any Claims or other hazards set forth above with respect thereto.
The Releasors further acknowledge and agree that the undersigned has and without compulsion or compensations or reliance on any representation of any kind whatsoever by the Releasees or others voluntarily decided to rent the equipment and/or participate in the activities and to assume full, sole and complete responsibility for, and risk of, death, bodily injury, property damage and the other risks and hazards described herein resulting from, in connection with, or in any way related to, the undersigned ’s participation in the activities and to waive and release the Claims and other hazards set forth above as provided herein.
The Releasors, and each of them, hereby agree that they will forever retain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding of any kind whatsoever, by way of action, defence, set-off, cross-complaint, counterclaim or third party action, against the Releasees, or any of them, based on, relating to, or arising out of, or in connection with any Claims or other hazards set forth above.
IN THE EVENT OF ANY LEGAL OR ADMINISTRATIVE ACTION, MEDIATION OR ARBITRATION PROCEEDINGS, IS BROUGHT BY THE UNDERSIGNED, THE RELEASORS OR ANY OF THEM, OR ON THEIR BEHALF, THE RELEASORS AGREE THAT THEY (1) SHALL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES THEREOF INCURRED BY THEM OR ANY OF THE RELEASEES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES); (2) HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION IS NOT AVAILABLE THEREIN, THE JURISDICTION OF ANY COURT LOCATED IN MUSCAT, SULTANATE OF OMAN, AND WAIVE ALL OTHER JURISDICTIONS AND ANY AND ALL OBJECTIONS TO SUCH JURISDICTION OR VENUE THAT THEY MAY HAVE UNDER THE LAWS OF ANY STATE OR COUNTRY, INCLUDING, WITHOUT LIMITATION, ANY ARGUMENT THAT JURISDICTION, SITUS AND/OR VENUE ARE INCONVENIENT OR OTHER WISE IMPROPER; AND (3) THE LAWS OF THE COUNTRY OF THE SULTANATE OF OMAN SHALL GOVERN WITHOUT REGARDS TO CONFLICTS OF LAW PRINCIPLES THEREUNDER.
EACH OF THE RELEASORS ATTESTS THAT THEY HAVE READ THIS RELEASE AND WAIVER IN ITS ENTIRETY AND HAVE PROVIDED TRUE AND COMPLETE INFORMATION.. December 6, 2023
By their execution below, understanding that the Releasees are relying hereon in allowing the undersigned to rent the equipment and otherwise participate in the activities, the Releasor hereby represent and warrant to the Releasees, that (i) the undersigned is at least 18 years of age, or, if not, that his/her living parent/s and/or legal guardian (s) have duly signed this Release and Waiver, (ii) the undersigned is not married or, if married, that his/her spouse has duly signed this Release and Waiver, if available, (iii) the undersigned has no physical, mental or other medical condition, disease or injury which would or could impact on the Releasees allowing the undersigned to rent the equipment or would be aggravated by such operation or activities, (iv)the undersigned is not under the influence of alcohol or drugs; and (v) the undersigned understands the following concessions, rule sand restrictions applied to kitesurfing activities.
- I understand and acknowledge that kiteboarding activities have inherent dangers that no amount of care, caution, instruction, or expertise can totally eliminate. I expressly and voluntarily assume all risk of personal injury or death sustained while participating in kiteboarding activities whether or not caused by the negligence of the released parties.
- I have been given the opportunity to be made aware of and receive any information related to the areas kitesurfing rules, restrictions and local conditions and fully understand and agree to abide by those rules and advice.
- I agree that I will operate the said kiteboarding equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.
- I confirm that I am an open water swimmer.
- I confirm that I have the experience and ability required to launch and land a kite, kite upwind and kite in a safe manner as per the rules and regulations of the International Kiteboarding Organisation (IKO) and kiting community.
- I am not under the influence of alcohol or drugs.
- I am in good health condition and have no medical condition that may interfere with the practice of kiteboarding activities. I am not pregnant or nursing. I have no mental impairment that may affect my judgment of danger and information given during the practice of kiteboarding activities.
- The school Manager and/or the Instructor has given me the full opportunity to ask any and all questions about kiteboarding activities and all of my questions have been answered to my total satisfaction.
- I acknowledge that I have been given adequate opportunity to read and understand this document, that it was not presented to me at the last minute.
- I further represent that I am at least 18 years of age or that as the parent or legal guardian I waive and release any and all legal rights that may accrue to me or to my minor child as the result of any injury that my son or daughter (minor) may suffer while engaging in kiteboarding activities.
- I give my consent to the IKO Instructor or IKO Center to share my personal information to the IKO in order to receive my certification.
- I agree to rent and return the equipment in a similar or same condition as I received it. any damages will need to be paid for and I accept the deposit required for such rental as per the kite centres rental policy.
- If I am renting equipment as an instructor or on behalf of another school/centre to use for lessons not associated with GET KitesurfOman, I fully accept all responsibility for the use and costs incurred for such equipment and damages/loses if experienced by myself and my students.
- I have relevant and comprehensive insurance cover for the activities I am participating in, and in the locations and country/s I am conducting these activities.
- I agree to the kite centre fee for rescue and recovery if required and accept that if this service is not taken or paid for in advance of the activity I will be liable to additional costs for such rescue or recovery as outlined by the kite centre.
- I have read this waiver, fully understand its contents, and sign it of my own free will.
Signature of Student or Legal Representative if minor : December 6, 2023