RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
Please Read Carefully
To: Manaslu Mountain Trail Race
Definition: The race event and adventure travel organized by Manaslu Mountain Trail Race involve a variety of adventurous activities. In this agreement, the term “trail running and adventure travel” shall include all activities, events or services provided, arranged, organized, sponsored or authorized by Manaslu Mountain Trail Race, including but not limited to: racing, trekking, swimming, hiking, climbing, camping, horse trekking, hot springs, cultural activities, all orientation and instructional sessions; and all travel by car, truck, bus.
ACKNOWLEDGEMENT – TREKKING, AND MOUNTAIN RUNNING SAFETY
I acknowledge that travel at high altitude, the physical exertion required of Trail Running and Trekking and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, or symptoms. Instruction as to the proper management of health and safety while racing at high altitude is available from Manaslu Mountain Trail Race staff and organizers.
ASSUMPTION OF RISKS
I am aware that trail running and adventure travel involves various risks, dangers and hazards and the possibility of personal injury, death and loss of property. These could include but are not limited to: accidents while traveling by car, truck and bus; accidents involving animals, or accidents involving, trekking, swimming, horse riding, camping, and hot spring use. Weather conditions may be extreme and can change rapidly in mountain environments. Exposure to high altitude increases the risk of illness. I am aware that undertaking trail running and adventure travel at high altitude exposes me to the risk of Acute Mountain Sickness (A.M.S.)
In the event of illness or accident, rescue and medical treatment may not be immediately available. Further risks, dangers and hazards may arise through negligence of other participants or negligence on the part of Manaslu Mountain Trail Race and it’s staff, including the failure to safeguard or protect me from the various risks, dangers and hazards referred to above. I acknowledge that these are only a few examples of the risks, dangers and hazards one may encounter during trail running and adventure travel with Manaslu Mountain Trail Race. Participants are encouraged to consult with Manaslu Mountain Trail Race staff and organisors, in order to gain a full appreciation of the risks, dangers and hazards associated with trail running and adventure travel.
I freely accept and fully assume all risks, dangers and hazards associated with trail running and adventure travel, and the possibility of personal injury, death, property damage or loss resulting there from.
I agree to disclose to Manaslu Mountain Trail Race, any pre-existing physical injuries, conditions or symptoms. I warrant that I have not nor will not consume alcoholic beverages or any illegal substances prior to or during racing.
I agree to allow photographic images of myself to be used by Manaslu Mountain Trail Race for promotional purposes.
RELEASE OF LIABILITY, WAIVER OF CLIAMS AND INDEMNITY AGREEMENT
In consideration of Manaslu Mountain Trail Race accepting me as a participant on this event, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Manaslu Mountain Trail Race and its directors, officers, employees, agents, guides, instructors, independent contractors, sub-contractors, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in trail running and adventure travel, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the releasees, and further including the failure on the part of the releasees to safeguard or protect me from the risks, dangers and hazards of adventure activities referred to above;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in trail running and adventure travel;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity;
4. This Agreement and any right, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of Nepal and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement shall be brought solely within Nepal and shall be within the exclusive jurisdiction of the courts of Nepal.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.