Terms & Conditions
**"ORGANIZERS"**:
For the purposes of this declaration, I understand that “Organizers” means Wilderness Explore Company Limited and all present, former and future relevant persons, including their families, co-organizers, staff, and helpers.
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**WARNING**:
Activities operated by the Organizers, including but not limited to canyoning, abseiling, rock climbing, coasteering, scrambling, Kayaking, etc. can be inherently dangerous. During the activities, I may cross difficult terrain, including rough and exposed trails, hill passes, brushy areas, trails where landslides or rock falls may be possible or likely, river crossings over slippery rocks or makeshift bridges, steep stairs and there may be exposure to heights. I will risk slipping, falling, being hit by falling rocks, being caught in landslides, and being exposed to other related incidents. I acknowledge that I will be exposed to certain risks during the activity including but not limited to the aforementioned risks, physical hazards, unpredictable and sometimes dangerous weather conditions, actions of other participants, defective equipment, varying environmental and wilderness conditions, and encountering wild animals. I acknowledge that accidents can and often do happen which may result in me being injured (including physical and/or mental injuries) or even killed, and/or my property being lost and/or damaged. I have voluntarily read and understood this warning and accept and assume all and any risks, dangers, and hazards arising out of, incidental to, or in any way connected with my
participation in the activity.
**PHYSICAL FITNESS**:
I must not participate in the activity if I have any injury, disability, medical or health condition that may increase the risk of me becoming injured unless I have told the Organizers about it and they have authorized me to participate. I declare that I am medically, physically, and mentally fit and able to participate in the activity and I will immediately notify the Organizers of any change to my fitness and ability to participate.
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**MEDICAL TREATMENT**:
I have disclosed, accurately and in sufficient detail, in the form below all the necessary medical information that the Organizer should be aware of for the sake of my participation in the activities and the potential medical treatment (if any). I understand that the Organizers will rely
upon the medical information disclosed therein. If required, the Organizers may arrange medical or hospital treatment (including ambulance transportation) for me. I authorize such actions being taken by the Organizer, and I agree to bear all costs associated with such action and hold the Organizers harmless for any and all costs and/or liabilities so incurred.
**INSTRUCTIONS**:
I understand that the Organizers have taken reasonable steps to mitigate my risks by providing appropriate safety equipment (where applicable) and appropriate instructions. I understand that despite the Organizers’ reasonable precautions, there remain certain elements of risks in the activities and I accept all the risks in the activities. I will at all times comply with the instructions and safety procedures of the Organizers and reasonably look after my own and each other participant’s safety and interests during the activity.
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** ALTERNATIONS, AMENDMENTS, CURTAILMENT AND/OR CANCELLATIONS**:
I understand and accept flexibility is needed when carrying out outdoor activities, for instance, due to bad weather, for which the Organizers have the right and discretion to make decisions to alternate, amend, curtail, and/or cancel the activity.
**EXCLUSION OF IMPLIED TERMS**: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied in a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of the Organizers (or any of them) flowing from them, are expressly excluded to the extent possible by law, by this declaration. To the extent of any liability arising, the liability of the Organizers will (at the discretion of the relevant Organizer) be limited to the resupply of the services or payment of the cost of having the services supplied again.
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**RELEASE & INDEMNITY**:
My participation in the activity is entirely at my own risk and responsibility, and I agree, to the extent permitted by law to: release and forever discharge the Organizers from all liability and Claims that I may have or may have had but for this release arising from or in connection with my participation in the activity; indemnify and hold harmless the Organizers to the extent permitted by law in respect of any Claim by any person including but not only another participant in the activity arising as a result of or in connection with my participation in the activity. In this clause, “Claims” means and includes any action, suit, proceeding, claim, demand, damage, cost, or expense however arising including but not limited to negligence but does not include a claim against the Organizer under any right expressly conferred by their respective constitutions or regulations.
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**PHOTOS & RECORDINGS**:
I understand and accept that photographs, visual images, and/or recordings taken by the Organizer of my participation in the activity may be used for the general promotion of the Organizer's activities.
**PRIVACY**:
I understand that the information provided by me in this form is necessary for the operation of the activity. I acknowledge and agree that the information will only be used for the objectives of the Organizers and to provide me with information pertaining to the activity. I understand that I will be able to access my information through the Organizers upon request. If the information is not provided, I might not be permitted to participate in the activity.
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**GOVERNING LAW AND SEVERABILITY**:
This declaration is governed by the laws of the Hong Kong SAR and any dispute will be dealt with under the exclusive jurisdiction of the courts of the Hong Kong SAR. Headings are included to assist clarity only and do not affect the interpretation of this declaration. If any provision of this declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be read down, it will be severed to the extent of invalidity or unenforceability. Such severance does not affect the remaining provisions of this declaration or affect the validity or enforceability of it in any other jurisdiction.
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I have read this declaration fully and understand its terms. By clicking "I Agree" I have done so freely and voluntarily and I intend my acceptance to be a complete and continuing release of all the Organizers’ liabilities to the greatest extent allowed by law. If I am agreeing on behalf of any minor participant, I hereby represent and warrant to the Organizers that I am the parent or legal guardian of the minor participant with full rights to act as such under all applicable laws.