Waiver

Warning: adventure travel, trekking, expeditions and similar activities involve inherent risks. Please read carefully before participating.

In consideration for being permitted to participate in any activity organized or facilitated by Offmap Ltd., including but not limited to expeditions, adventure travel, treks, trek-climbs, safaris, races, extreme sports activities, and operations related thereto (hereinafter collectively referred to as the "Event"), I (“me”, “my” or “myself”), hereby acknowledge, agree, and represent as follows:

Assumption of Risks:
1. I acknowledge and fully understand taking part in the Event as a “Participant” involves inherent risks, dangers, and hazards including, but not limited to, exposure to rugged terrain, extreme weather conditions, high altitudes, natural elements, modes of transportation, and encounters with wildlife.
2. The risk of serious injury and/or death from the activities involved by participating in the Event is significant and may also include without limitation the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) overuse syndrome; (viii) injuries involving the acts or omissions of other Event participants or vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to, paddling, climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car or other convenience, falling from heights; (xii) heart attack; (xiii) diseases from exposure to fecal contaminated water or slurry; (xiv) disease or illness, including COVID-19 or any other disease resulting from the SARS-CoV-2 virus; (xv) permanent paralysis; and/or (xvi) death.
3. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist. I understand that these risks can result in serious bodily injury, illness, or death and I knowingly, voluntarily and freely assume and accept all such risks, both known and unknown.
Acknowledgment of the Nature of the Event:
1. I understand and acknowledge that the Event may take place in remote and/or wilderness areas with limited access to medical facilities, emergency evacuation services, and western-standard medical care. Offmap has no control over, and accepts no responsibility for, the availability or standard of medical and / or repatriation services and facilities in the areas in which the Event takes place, and such services and facilities do not form any part of the contract between you and Offmap Ltd.
2. After the opportunity to fully inform myself about the Event, I knowingly, voluntarily, and freely assume and accept all such risks, both known and unknown, even if arising from the negligence or acts or omissions of the Releasees, as hereinafter defined, or others, and assume full responsibility and all risks for my participation in the Event. I knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for my participation in the Event. If, however, I observe an unusual and/or significant hazard during my presence at the Event, I will remove myself from participation in the Event and promptly bring such hazard to the attention of the nearest Offmap representative or contractor.
Health and Fitness:
1. I acknowledge that the Event requires physical exertion, and I am aware of the risks associated with such exertion. I certify that I am in good physical condition and have the requisite fitness level to safely participate in the Event.
2. I understand that it is my responsibility to inform Offmap of any changes to my health or fitness prior to and during the Event, which includes informing Offmap, both on application and thereafter, as the need arises, of all medications that I am currently taking or will be taking while I am participating in the Event. I further certify that I must disclose prior to participating in the Event any pre-existing medical conditions, illnesses, physical limitations, allergies, or dietary restrictions that may affect my ability to safely participate and/or for which medical treatment may be needed.
Emergency Medical Treatment and Evacuation:
1. I authorize Offmap, its directors, officers, employees, agents, contractors, affiliates, and any third-party service providers to administer or arrange for emergency medical treatment, evacuation services, or search and rescue operations if deemed necessary for my health and safety during the Event. I understand that I am responsible for any costs associated with such treatment, evacuation, and rescue operations.
Acknowledgment of Insurance Coverage:
1. I hereby certify that I have adequate medical, travel, and liability insurance coverage for participating in the Event. I understand that I am solely responsible for any medical expenses, repatriation costs, or other liabilities incurred during the Event. I agree to provide proof of insurance coverage upon request by Offmap.
2. I understand I am solely responsible for my own equipment and belongings during the Event and bear the sole responsibility for incidental or accidental damage (including wear and tear) to, or loss of, my own equipment and belongings. I acknowledge that Offmap recommends I take out adequate insurance to cover my equipment and belongings.
Compliance with Instructions:
1. I agree to comply with all instructions, rules, regulations, and guidelines provided by Offmap, its managers, guides, representatives, employees, contractors and partners before, during, and after the Event. I understand that failure to adhere to such instructions may result in my removal from the Event without refund.
Cancellation, Postponement, and Refunds:
1. I understand and acknowledge that Offmap reserves the right to cancel, postpone, modify, or alter the Event or any part thereof, including changes to the itinerary, route, accommodations and activities, due to unforeseen circumstances, including but not limited to: inclement weather, natural disasters, political instability, operational circumstances or any other factors beyond their control. In the event of cancellation or postponement by Offmap, I agree that I am not entitled to a refund of any registration fees or other costs associated with the Event. If the Event is cancelled or postponed, Offmap may, at its sole discretion, offer alternative options, such as rescheduling the Event for a later date or providing credit for future events. I acknowledge that any such alternative options offered by Offmap are provided as a goodwill gesture and are not guaranteed. Furthermore, I understand and agree that Offmap is not responsible for any additional expenses or losses incurred by me as a result of the cancellation, postponement, or modification of the Event, including but not limited to, travel expenses, accommodation costs, insurance costs, or any other related expenses.
Use of Media:
1. I consent to the use of my name, likeness, image, voice, and/or appearance in photographs, videos, or other media captured during the Event by Offmap for promotional, advertising, or other commercial purposes, without compensation or further notice.
Release and Waiver of Liability:
1. I hereby release, waive, discharge, and covenant not to sue Offmap Ltd., its owners, directors, officers, employees, agents, contractors, representatives, affiliates, and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers, or any other third-party service providers (collectively, the "Releasees") from all liabilities, claims, demands, losses, costs, expenses (including legal fees), actions or causes of action arising out of or related to any loss, damage, injury, or death, including, but not limited to, those caused by the negligence, gross negligence, or willful misconduct of the Releasees, arising out of or related to my participation in the Event.
Severability:
1. If any of the provisions of this Waiver is held by a court or arbitrator to be invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Waiver is binding on and shall inure to the benefit of the Releasees and me and our respective heirs, personal representatives, executors, successors, and assigns.
Governing Law and Jurisdiction:
1. This Waiver shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. Any dispute arising out of or in connection with this waiver and release shall be subject to the exclusive jurisdiction of the courts of Victoria.
Dispute Resolution:
1. Mediation: If a dispute arises out of or relates to this Waiver, or my involvement in the Event, and if said dispute cannot be resolved or settled through negotiation, I, individually and on behalf of all of my heirs, personal representatives, executors, successors, and assigns, agree that prior to the filing of any arbitration, or other legal action consistent with the provisions of this Waiver, I will first attempt, in good faith, to settle the dispute by non-binding mediation administered by a recognized mediation service in Australia, such as the Australian Disputes Centre or Resolution Institute. The mediation shall take place in Melbourne, Australia and shall be facilitated by a neutral mediator appointed by the chosen mediation service. The costs of such mediation shall be shared equally by the parties thereto.
2. Arbitration: All controversies, disputes or claims arising out of or related to this Waiver, to the extent not first resolved through negotiation and mediation, will be submitted to and for binding arbitration in accordance with the laws of Australia. The arbitration shall be conducted by a recognized arbitration institution in Australia, such as the Australian Centre for International Commercial Arbitration (ACICA) or a state-based equivalent. The arbitration proceedings will be conducted in Melbourne, Australia and governed by the rules and procedures of the chosen arbitration institution. The arbitrator(s) will have the authority to award any relief deemed appropriate in the circumstances, in accordance with Australian law. However, punitive damages or multiple damages (e.g. double or treble) shall not be permitted. The award and decision of the arbitrator(s) will be final and binding upon all parties hereto, and may be enforced in accordance with the laws of Australia. I acknowledge and agree that any arbitration will be conducted only on an individual basis, and not as a class action. No findings, conclusions, orders or awards emanating from any arbitration proceeding may be used as a precedent in any subsequent proceeding. Additionally, any action or claim arising out of this Waiver must be brought within the applicable limitation period prescribed by Australian law.
Agreement:
1. By clicking the “I have read, fully understand and agree to the Waiver” checkbox, or signing a physical copy of this Waiver, I warrant and represent that I have read and understood these terms and conditions and all other relevant material, including any other rules, policies, warnings and advisories. I acknowledge and voluntarily agree that by participating in the Event, I must comply with these terms and conditions and all other relevant rules and policies.