Participant Agreement for Outdoor Activities
(Including Acknowledgment of Risks, and Agreements of Release and Indemnity)
To be read with twenty3 extreme Standard Terms & Conditions of Booking
In consideration of using the services of Bait Al Dhahir Tourism a commercial company based in Oman, doing business as Twenty3Extreme (“Twenty3Extreme”), I, an adult (eighteen years of age or older) participant or the parent or legally appointed guardian (both, “Parent”) of a participant who is a minor, understand, acknowledge and agree as follows:
ACTIVITIES: The activities offered include bouldering, climbing, rappelling and lowering; the use of belay systems; games, initiatives, low challenge and high challenge course obstacles; slacklining; the use of exercise, fitness and training facilities and equipment; hiking, camping, swimming, water sports and other outdoor activities (collectively, the “Activities”).
RISKS: Activities holds an inherent risk of danger and possess imminent risks. The participants will be exposed to risks including, among others, the following:
(1) Slips, falls, entanglements, abrasions and collisions with persons and fixed objects while at and around the Activity area or in the water;
(2) Misuse of equipment (including failure to properly clip into and operate belay systems);
(3) Failure or malfunction of anchor points, hand holds, Loose rock, cables and other equipment utilized at the activity, whether or not supplied by Twenty3Extreme;
(4) A lapse or impairment in my or the child’s judgment, ability to follow instructions, physical strength, coordination, or balance when climbing, belaying, participating in an activity or otherwise moving about the area;
(5) Bad decision making by me, including, if I am a Parent, while assisting the minor participant in an activity;
(6) The acts or omissions of other persons, including staff, which might include falling climbers or dropped ropes, climbing hardware, natural objects, or other items or personal effects;
(7) Hiking, walking or general means of travel over improved or unimproved roads, either by car or bus or any other means of travel, rugged trails, steep terrain, boulders and/or slippery rock. Travel by means of watercraft in standing or moving water, through rapids, or around water-based obstacles;
(8) Forces of nature both predictable and unforeseen including lightening, weather changes, hypo/hyperthermia, sunburn, dehydration, high winds, flowing, deep and/or cold water well as obstacles in the water;
(9) Injuries inflicted by animals, insects, reptiles or plants.
I understand that these Activities require moderate to heavy physical exertion. I, an adult participant or Parent, represent that neither I nor the minor participant (if applicable) has any mental or physical condition that might create risks to myself (or to the child), or to others. I have consulted with an appropriate health care professional and been advised that I, or the child, may participate without creating the risks described above.
ASSUMPTION OF RISKS: I understand that the risks described above, and others, inherent or not, may result in property loss and in all manner of trauma including breaks, sprains, abrasions, serious injury and even death. I acknowledge and assume all such risks, inherent and otherwise and whether or not described above. I will carefully read and comply with any warnings and instructions. If the participant is a minor, I, Parent, have discussed the rules, Activities and risks with the child, who fully understands them and wishes to participate nevertheless. I guarantee that the child is old enough to understand the rules and always follows my instructions.
RELEASE AND INDEMNITY: I, an adult participant or Parent (for myself and, to the maximum extent allowed by law, on behalf of the minor participant, if applicable), agree to release and covenant not to sue, and to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys’ fees), Twenty3Extreme, the owner of the premises on and about which its Activities are conducted, and their respective owners, directors, officers, volunteers, staff, agents, assigns and employees ("Released and Indemnified Parties") with respect to any claim related in any way to my, or the minor participation, including as a passive observer. These agreements of release and indemnity include loss or damage, whether economic or non-economic, caused or claimed to be caused in whole or in part by the negligence, but not the
intentional wrongs or the gross negligence, of a Released and Indemnified Party. This paragraph shall survive the termination of this contract and shall inure to the benefit of the Released and Indemnified Parties.
In case of emergency, I as an adult or as Parent/Guardian of a minor hereby agree and allow Twenty3Extreme to provide or obtain emergency medical care. I as an adult or as Parent/Guardian to a minor hereby agree and acknowledge that there is valid health care insurance policy on me or the minor who will be responsible for any charges incurred. I as an adult or as Parent/Guardian of a minor agree in any event to reimburse any out of pocket expenses incurred by Twenty3Extreme in response to any emergency situation.
I hereby give my permission and consent to the taking of photographs, video recordings, and other images of me or the minor participant for any purpose and without compensation.
The terms of this contract and any dispute between a Released and Indemnified Party and a participant or Parent, related to this contract or otherwise, will be governed by the applicable laws of Sultanate of Oman. Any suit or mediation of the dispute will take place solely in Muscat, Sultanate of Oman. I consent to the subject matter and personal jurisdiction of such court, for myself and on behalf of the minor participant.
This contract is intended to be binding, to the fullest extent allowed by law, on the person signing below, the minor child, if any, and their respective successors, heirs, executors, administrators and family members and any person claiming or acting on their behalf. If any part of this contract is deemed by a court of competent jurisdiction to be unenforceable, the remainder shall nevertheless be in full force and effect. This contract may be modified only in writing and signed by both parties.
This contract will govern services on the date on which it is signed and thereafter until it is withdrawn by advance written notice to Twenty3Extreme or replaced by another contract acceptable to Twenty3Extreme.
WARNING: A person who falsifies his or her signature below or misrepresents the capacity (as parent or legal guardian, for example) in which they sign will be considered a FORGER and, in addition to other civil and criminal penalties, will be deemed to have agreed to indemnify the Released and Indemnified Parties from and against any claim of loss asserted by or on behalf of a person whose visit to Twenty3Extreme was facilitated by that forgery.
November 22, 2019