Participant Waiver, Release and Assumption of Risk

The risks, named rather than implied

Outdoor and adventure activities carry inherent risks that cannot be removed however carefully they are run. Depending on the activity these include: falls from height and on uneven ground; drowning, cold-water shock and currents; collision, capsize and equipment failure; animals, insects and plants; heat, cold, altitude, sun and weather that turns; contact with tools, fire, blades and hot surfaces; food and allergens; the acts of other participants; and the distance from, or delay in reaching, medical care.

These risks can cause injury, permanent disability or death, and can damage or destroy property. They are not hypothetical and they are not fully within anybody's control.

Confirmed separately when you signI understand this activity carries risks that cannot be eliminated, including risk of serious injury or death, and I choose to take part anyway.

That you are fit to take part

You confirm that you are in sufficient physical and mental condition to take part safely, that you have no medical condition that makes it unsafe, and that you have disclosed anything the operator needs to know — including medication, allergies, recent surgery, pregnancy, and, where the activity involves water, whether you can swim.

You confirm you will not take part under the influence of alcohol or of any drug that affects judgement, balance or reaction time.

You accept that the operator may refuse or end your participation, without refund, if in their judgement it is not safe for you to continue.

Confirmed separately when you signI am fit to take part, I have told the operator everything they need to know, and I will not take part impaired.

That you will follow the briefing

You agree to follow the operator's safety briefing, instructions and rules, to use the equipment provided in the way you are shown, and to stop and tell somebody the moment you are out of your depth.

You agree not to take part in anything you have not been briefed on, and not to go beyond the route, area or limits the operator sets.

Confirmed separately when you signI will follow the operator's briefing and instructions, and I will speak up if I am out of my depth.

Release and waiver of claims

In consideration of being allowed to take part, you release and agree not to sue the operator running the activity, Livabit, Inc., and their respective owners, staff, guides, contractors and insurers, for any claim arising out of your participation — including claims arising from ordinary negligence in the way the activity was organised or run.

This release binds you, and anybody claiming through you, including your family, your estate and your heirs.

It does not release anybody from liability for gross negligence, recklessness, intentional wrongdoing, or anything else that the law of the place where the activity is run does not permit to be released. If any part of this clause is held unenforceable, the rest of it stands.

Confirmed separately when you signI am giving up the right to sue for ordinary negligence, and I understand that gross negligence and anything the law protects are not covered by this.

Indemnity

You agree to reimburse the operator and us for any claim, loss or cost — including reasonable legal fees — brought by somebody else and caused by your own act, omission or breach of these terms during the activity.

Medical treatment

You authorise the operator to arrange emergency medical treatment, transport or evacuation if you are injured and cannot consent for yourself, and you accept responsibility for the cost of that treatment and of any evacuation.

You confirm you have, or have chosen to go without, medical insurance covering this activity, and you accept that neither the operator nor we provide it for you.

Confirmed separately when you signI authorise emergency treatment if I cannot consent myself, and I accept the cost of treatment and evacuation.

Where the participant is under 18

An adult with legal authority — a parent or guardian — signs for a minor. By doing so that adult confirms they have that authority, agrees to everything above on the minor's behalf and on their own, and accepts responsibility for the minor following the operator's instructions.

Where the law limits the extent to which a parent can waive a minor's own claims, that limit applies and the rest of this document stands.

Photographs and video

Operators often photograph a trip. You can decline below, and declining changes nothing else about the day — it is not a condition of taking part.

Confirmed separately when you signThe operator and Livabit may use photographs or video of me taken during the activity to promote the journey. (Optional — leave this unticked to decline.)

Hearing from us afterwards

We need your email address to run this booking — to send you what you signed, to reach you if the day changes, and to give the operator a way to contact you. That use is not optional and is not marketing; it is the booking.

Whether we may also write to you about other journeys is a separate question, and it is entirely yours to answer. Leaving the box below unticked changes nothing about your booking, your waiver or your day.

Only you can answer it for yourself. Nobody booking on your behalf can agree to this for you, which is why each participant is asked when they sign their own release rather than once by whoever paid.

You can withdraw it at any time by replying to any message we send, or by writing to us at the address in the Privacy Policy.

Confirmed separately when you signLivabit may email me about other journeys and occasional news. (Optional — leave this unticked and we will only contact you about this booking.)

That you have read it

This agreement is governed by the laws of the State of California and, where they differ, by the law of the place the activity is run. Typing your name below has the same effect as signing it by hand.

Confirmed separately when you signI have read this document, I understand it is a release of legal rights, and I am signing it freely.