I, the undersigned participant (if 18 years of age or older) or guardian of a participant (if participant is under 18 years of age), desire that participant use the equipment (“Equipment”) and participate in the activities (the “Activities) offered by Ika Jaya Sdn Bhd at Parit Falls Campsite. I acknowledge that execution of this Waiver of Liability is condition to participation in the Activities and use of the Equipment. In consideration for use of the Equipment and participation in the Activities, I (all references to I, me, myself or my, refer to me and to the minor child if I am signing as guardian to a minor child) hereby acknowledge, agree, promise and convenant with Ika Jaya Sdn Bhd on behalf of myself, my heirs, assigns, personal representatives and estate as follows:
- I have inspected the equipment and facilities and have determined each to be reasonably suited for participant ‘s use and agree that if, at any time, anything unsafe is observed, notice of such condition will be given immediately to Ika Jaya Sdn Bhd personnel and participant will immediately cease all activities.
- I acknowledge that participant is using such Equipment And participating in such Activities on participant’s own desire and where applicable, with participant’s guardian’s approval (if applicable)
- I understand that there are inherent risk of injury using such Equipment and participating in Activities such as used and offered by Ika Jaya Sdn Bhd including but not limited to, falls, collisions, cuts, bruises, sprains or strains, with resulting damage to bones, joints, ligaments, muscles or other body parts. In some cases, participants may suffer certain other risk which could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke and in certain instances heart attack, brain damage, drowning or other causes of distress or even death.
- I agree that I will promptly report any discomfort or signs indicating abnormality or distress and stop any activity that is causing discomfort or distress.
- I hereby affirm that participants are in good physical condition and does not suffer from any disability or other limitation that would prevent or limit use of the Equipment or participation in Activities offered by Ika Jaya Sdn Bhd
- RELEASE. Understanding the above, to the fullest extent permitted by law, I on behalf on myself , my heirs, assigns, personal representatives and estate, VOLUNTARILY COVENANT NOT TO SUE AND RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS Ika Jaya Sdn Bhd each of its members, managers, employees, agents, successors and assigns (the “Released Parties’) for any liability, claims, demands, actions or rights of action for any DEATH, INJURY, ILNESS, DISEASE, PHYSICAL OR MENTAL DAMAGE, PROPERTY DAMAGE OR LOSS OR ANY OTHER HARM suffered by me or any of my property during, as a consequence of or in any way related to using the Equipment and/or participating in the Activities offered by Ika Jaya Sdn Bhd including but not limited to any, injury or harm suffered as a result of negligence or acts or omissions (either pre-injury or post-injury) of any of the Released Parties or any defect in or damage to any of the Equipment, property or facilities of or supplied by Ika Jaya Sdn Bhd
IN SIGNING THIS DOCUMENT, I RECOGNIZE THAT IF ANYONE IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM USING THE EQUIPMENT OR PARTICIPATING IN THE ACTIVITIES, I WILL HAVE NO RIGHT TO FILE A LAWSUIT OR MAKE A CLAIM AGAINTS ANY OF THE RELEASED PARTIES EVEN IF ANY OF THE RELEASED PARTIES NEGLIGENTLY CAUSED THE BODILY INJURY OR PROPERTY DAMAGE.
- INDEMNIFICATION. I AGREE TO HOLD HARMLESS AND TO INDEMNIFY EACH OF THE RELEASED PARTIES from all liability, claims, demands, actions or rights or actions, damages, defence costs, including attorney’s fees, or from any other costs incurred in connection with claims for bodily injury or property damage which I may negligently or intentionally cause to any property or to other parties in the course of my use of the Equipment or participation in the Activities. I have carefully read and fully understand the foregoing. I have had an opportunity to ask any questions about The Equipment used and Activities offered by Ika Jaya Sdn Bhd and the meaning of this waiver. All of such questions have been answered. I agree to all of the foregoing with the intent to be legally bound on behalf of myself, the participant (if signed by a guardian) and the spouse or other relatives of myself and/or participant, if any, and to the extent that I am able to do so, any heirs, executors, administrations and assigns. It is intended that if any portion hereof is held invalid, the remainder shall remain in full force and effect.