This customer disclaimer form is to be completed by each customer prior to participating activities provided by Wild Atlantic Outdoors.
T&C, Limitation of Liability Release and Indemnity.
By his/her signature where indicated below, the participant/ customer acknowledges that he/she has read understands, agrees to and accepts all of the following terms and conditions (T&Cs):
1. The participant acknowledges and accepts the inherent risks of the proposed recreational and leisure activity provided by Wild Atlantic Outdoors and its related companies (together referred to as WAO) and the possibility of personal injury or property damage or loss resulting there from.
2. Outdoor adrenaline sports and activities facilitated by the WAO are subject to strict safety procedures and protocols. Participants must follow the instructions of WAO management and staff at all times and are required to act responsibly and courteously to such persons and other participants. Participants agree to fully compensate WAO for damage and/ or loss to the property of WAO where such damage or loss is attributable to their own careless or intentional actions.
3. Interaction with the natural environment contains inherent risks and dangers including personal injury, WAO accepts no liability for incidents involving the natural environment over which we have no control.
4. The participant understands and acknowledges the dangers associated with consumption of alcohol, drugs and mind altering substances before or during a WAO activity. The participant agrees not to consume these substances and accepts full responsibility for injury, loss or damage associate with any such consumption.
5. If the participant suffers any injury or illness during a WAO activity, the participant agrees and consents that WAO may provide evacuation, first aid and medical treatment at the participants expense.
6. WAO reserves the right to preclude any person from participating in WAO activities including, without limitation, where safety considerations or risks, medical conditions or physical ailments exist which may put the safety of the participant or other persons at risk.
7. Nothing contained in these T&CS is intended t nor shall it limit the liability of WAO in respect of: i) Death or personal injury caused by its negligence or the negligence of its employees , agents or contractors or ii)liability which cannot be excluded or limited under applicable law or ii) WAOs fraud.
8. Except as otherwise provided in these T&Cs and to the extent permitted by applicable law, WAO shall not be liable in contract, tort (including, without limitation, negligence) or otherwise for any direct or indirect or consequential loss or damage of any nature howsoever caused, or for any damage to any property arising from or i connection with the booking of or the participation in WAO activities or these T&Cs.
9. In the event WAO is liable to any person in connection with the booking of or the participation in WAO activities or these T&Cs, WAOs liability shall be limited to the refund of any payments made to WAO by such person.
10. WAO will not be liable for any failure to perform its obligations, provided WAO activities or provide compensation where such failure results of circumstances outside of its reasonable control (including adverse weather conditions).
11. To the extent permitted by applicable law the participant agrees that these T&Cs may be pleased as a bar to any action, suit or proceedings taken at any time by the participant against WAO arising out of or as a consequence of participation in any WAO activity or incidental activities.
12. From time to time WAO takes photographs and video recordings of participants during activities to use for its marketing purposes in all media formats. If the participant does not consent he/she should contact WAO by email (firstname.lastname@example.org) and advise a member of staff of WAO before partaking in any activities.
13. The participant consents to WAO using his/her email for WAO marketing purposes. If the participant does not consent he/she should contact WAO by email (see above).
14. No refunds will be payable and participants agree to indemnify WAO against all loss suffered by WAO and/or any claims made by the third party against WAO in respect of injury, loss or damage arising out of or in connection with the participants failure to comply with these T&Cs or the rules, instructions and/or directions of WAO, its management or staff.
15. These T&Cs bind the heirs, administrators, executors, personal representatives, dependants (if any) and successors of the participant and inures for the benefit of WAO and its successors and assigns.
16. If any of these T&Cs are determined to be illegal, invalid or otherwise unenforceable the term shall be severed and the remaining terms shall survive.
17. These T&Cs will be governed by and interpreted in accordance with the laws of the Republic of Ireland and the parties submit to the exclusive jurisdiction of the courts of the Republic of Ireland.
Due to the physical nature of WAO activities, WAO recommends that women who are pregnant do not participate.