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Waiver and release agreement
TourHog Demo Tours, trading as TourHog Demo Tours
Please read this carefully before you sign. By signing it you give up some legal rights, including the right to sue us or claim compensation if you are hurt, even if we were careless (negligent).
Who "we" are
"We" and "us" means TourHog Demo Tours, trading as TourHog Demo Tours, and its owners, directors, managers, staff, guides, contractors and agents.
What this agreement covers
Every activity, service and facility we provide or arrange, including the zipline tour, the Canyon Swing, the Skybridge, the Summit Gardens and rainforest walks, transport in our vehicles, our equipment and facilities, safety briefings and instruction, and any other activity we run or arrange, on land or on water.
The risks
Adventure activities carry real risks. They include:
- slips, trips and falls, including falls from height
- hitting trees, rocks, structures or other people
- equipment that is fitted or used wrongly, or that fails, including a rope, cable or harness breaking
- cuts, bruises, sprains, strains, broken bones, shock and other injuries
- over-exertion, fear of heights and unusual stress on the body
- the weather, and uneven jungle paths, steps and steep slopes
- riding in the open back of our vehicles, which has no seatbelts
- infections passed on by contact with people, equipment or the environment
- first aid that is not given correctly
- carelessness (negligence) by other people, including us. This includes us not taking reasonable steps to protect you from these risks, or to warn you about them.
These risks could lead to injury, death, or loss of or damage to your belongings. I understand these risks, and I freely choose to accept them all.
My health and fitness
These activities put unusual stress on the body. I confirm that:
- I meet the age, weight and fitness rules for my activity. The zipline limit is 120 kg and the Canyon Swing limit is 140 kg.
- I am not pregnant, unless I am only walking the Skybridge and the gardens.
- I will tell the guides about any medical condition, injury or medicine that could affect me. If I am not sure I am fit to take part, I have asked a doctor.
- I am not affected by alcohol or drugs.
- I will follow the safety briefing and the guides' instructions at all times. The guides may stop me taking part if they think it is unsafe.
What I agree to
In return for being allowed to take part, I agree:
- I give up any claim against us, now or in the future, and I release us from all responsibility, for any loss, damage, cost or injury, including death, that I or my family may suffer because I took part, whatever the cause, including our negligence, breach of contract, or breach of any legal duty or duty of care.
- If something I do while taking part injures someone else or damages their property, I will cover (indemnify) us for any claim, cost or liability that results.
- This agreement also binds my heirs, next of kin, executors, administrators and representatives if I die or cannot act for myself.
- The laws of Vanuatu apply to this agreement. Any court case about it can only be brought in the courts of Vanuatu.
- I am not relying on anything we have said or written about safety, other than what is in this agreement.
Children under 15
A parent or guardian signs for each child under 15. By signing for a child, I confirm that I am their parent or guardian, and I agree to everything in this agreement on the child's behalf.
Photos and video
We may take photos and video during your visit and use them in our advertising, website and social media. I agree to this for myself and for any children I sign for. If you would rather not appear, please tell the guides before your activity.
Languages
This agreement is available in English, French and Chinese. If the versions differ, the English version applies.
I confirm
I have read and understood this agreement. I know that by signing it I give up some legal rights, for myself and for my heirs, next of kin, executors, administrators and representatives.