We kindly ask that you take a moment to read through the Waiver prior to making a Booking. Please confirm at the bottom of the page that you have read the Waiver and agree to it.
By ticking the box below and proceeding with your booking you waive important legal rights; including the right to sue. Please read carefully! Participants must be 18 or older or accompanied by an adult.
Kasiiya Papagayo (hereinafter referred to as “The Releasees”) are not responsible for any injury, loss, death or damage of any kind that may be suffered by any person while participating in any of the activities such as kayaking, stand up paddling, snorkeling, slack line, tree climbing, trekking at the resort and others. Whereas THE RELEASEES make their best effort to provide services and equipment to the highest standard, THE RELEASEES are not responsible for any injury, loss or damage of any kind that might occur as a result of usage by any person of such services or equipment.
DESCRIPTION OF RISKS
In consideration of my participation in any activities at Kasiiya, I acknowledge that me and the parties I am travelling with are aware of the possible RISKS, DANGERS AND HAZARDS associated with those activities, including THE POSSIBLE RISK OF SEVERE OR FATAL INJURY TO MYSELF OR OTHERS. These risks include, but are not limited to:
- Muscular injuries and soft tissue injuries, broken bones, bruises, scrapes, cuts, sprains, dislocation, head, facial, eye and/or dental injuries which might result from participation in activities at Kasiiya;
- Injuries resulting from falling or being knocked down or walking up or down steep steps, where a fall may cause injury or death;
- Injuries resulting from rough terrain, failure to see an obstacle, failure to negotiate a turn, etc.;
- Injuries resulting from walking on a hill, slipping and/or falling;
- Injuries resulting from malfunctioning of equipment or misuse of equipment whether owned, designed or operated by myself or the Releasees’ staff;
- Injuries resulting from encounters with animals on land or in the water (the propensity of any wild animal to behave in ways that may result in injury, harm, or death to persons, other animals or objects and the unpredictability of a wild animal’s reaction to such things as sounds, sudden movement, tremors, vibrations, unfamiliar objects, persons or other animals);
- Changes in weather or temperature which may result in hypothermia, frostbite, windburn, sunburn, cold or flu;
- Death, injuries or illness resulting from failure to follow directions from the parties in charge of the program and all related activities;
MEDICAL/HEALTH & TRAVEL INSURANCE
1. I AM SOLELY RESPONSIBLE for selecting and purchasing adequate medical/health insurance for myself and the parties I am travelling with. The Releasees will not provide any medical/health insurance. In the event of a medical/health problem, the Releasees do not accept any responsibility for any costs associated with a medical/health problem nor will they pay for any medical/health expenses that may be incurred by the participants.
2. I AM SOLELY RESPONSIBLE for selecting and purchasing adequate travel insurance for myself and the parties I am travelling with. The Releasees will not provide any travel insurance. The travel insurance should include cover against theft, personal accident, personal liability, evacuation, repatriation and cancellation of tickets among other coverages. The Releasees do not accept any responsibility for any costs associated with these types of problems nor will they pay for any expenses that may be incurred by the participants relating to these areas. I freely accept and assume full responsibility to provide myself and the parties I am travelling with with medical/health and travel insurance coverage.
I agree to advise the organisers of the activity of any existing medical conditions or injury of myself or any party I am travelling with prior to the beginning of such activity.
INDEMNIFICATION AND RELEASE OF LIABILITY
In return for allowing me to voluntarily participate in the program and all related activities, me and the parties I am travelling with agree:
1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my participation in any activities, notwithstanding such risks may have been caused by the negligence of the Releasees;
2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which we might sustain while participating in any activities, notwithstanding such injury, loss or damage may have been caused by the negligence of The Releasees;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the personal property of, or personal injury to any third party resulting from our participation in any activities;
4. TO HOLD HARMLESS, INDEMNIFY AND RELEASE THE RELEASEES from any liability for any and all claims, demands, actions and costs which might arise out of my participation in any activities, notwithstanding such claims, demands, actions and costs may have been caused by the negligence of The Releasees.
By ticking the box below and proceeding with the booking I acknowledge that I have read and understood this agreement, that I have executed this agreement freely and voluntarily, and that this agreement is to be binding upon myself, my heirs, executors, administrators and representatives.