In consideration of the services of M21 Media Inc. d.b.a. Man Expeditions, their agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Man Expeditions ), I herby agree to release, indemnify, and discharge Man Expeditions, on behalf of myself, my heirs assigns, personal representative and estate as follows:
I acknowledge that adventure travel entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to the property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: boat capsize; tidal conditions and currents, travel in remote areas, collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning: illness in remote areas; exposure to sun, strong wind, cold storms, large waves, eddies and whirlpools, and lightning; aggressive and/or poisonous marine life, wrist, shoulder, and/or back injuries; slips and falls while hiking, and rapidly changing adverse weather and water conditions.
Furthermore, the Man Expeditions hired guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I herby voluntarily release, forever discharge, and agree to indemnify and hold harmless Man Expeditions from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Man Expeditions equipment or facilities, including any such claims which allege negligent acts or omissions of Man Expeditions.
Should Man Expeditions or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the costs of such injury or damage to myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
I agree and accept the full terms and conditions as published on the Man Expeditions website: http://www.manexpeditions.com/booking-terms/
I FURTHER AGREE that any controversy or claim arising out of or relating to my participation in a Man Expeditions trip and/or this Agreement, or the making, performance or interpretation thereof, shall be settled under the laws of the Province of Ontario, Canada, without reference to its conflicts of laws rules. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.