WAIVER AND LIABILITY RELEASE

WAIVER OF LIABILITY

YOUR CONSENT TO THE TERMS OF THIS AGREEMENT IS REQUIRED IN ORDER TO BE ABLE TO JOIN BIG FAT BOUNDLESS ACTIVITIES.

THE GUIDE WILL HAND YOU THIS AGREEMENT FOR SIGNATURE JUST BEFORE DEPARTURE.

PLEASE READ AND BE CERTAIN YOU UNDERSTAND THE IMPLICATIONS OF SIGNING.

I accept that the Activities offered by or through Big Fat Boundless (hereafter Tour Operator), inherently involve risks and potential hazards. I agree that by participating in the Activities I accept the risks and hazards associated with the Activities.

The activities may include:

• participation in an adventure travel tour
• motorboat transfers and over-the-sea trips
• walking, hiking and trekking including off trail hiking
• mountaineering and via ferrata climbing
• horse riding and other equine activities
• travel in public and private transportation (including off road drive).
  
  

ACKNOWLEDGMENT – HEALTH & SAFETY
I am aware that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects.
I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities.

I accept that the Tour Operator reserves the right to withdraw any person from the Activity who in Tour Operator’s opinion is likely to endanger themselves or others. I also accept that Tour Operator reserves the right to cancel any Activity for any reason at any time if it becomes concerned for my safety or the safety of any other person.

In simplest terms: I understand that the Activities may require physical exertion and it is my responsibility to make sure I am healthy enough to participate. It is my responsibility to abide by the personal safety rules that any average person would use before and while engaging in the Activities. I agree to follow all instructions given by the guide and to use any equipment supplied by Tour Operator in accordance with the guide’s instructions.

ASSUMPTION OF RISKS
I am aware that the Activities offered by or through BFB inherently involve risks and potential hazards. The risks and hazards may include but are not limited to:

• Personal injury and/or death
• Risks associated with exposure to elements, excessive heat, and hypothermia. Prolonged exposure to high temperatures can cause heat exhaustion, heat cramps, heatstroke, and death, as well as exacerbate preexisting chronic conditions, such as various respiratory, cerebral, and cardiovascular diseases.
• My own negligence and/or the negligence of others, including Big Fat Boundless error and guide decision making including misjudging terrain, weather, or route location.
• Accidents or illnesses occurring in remote places where there are no immediately available medical facilities or treatment;
• Fatigue and/or dizziness, which may diminish my reaction time and increase the risk of an accident;
• Changing weather conditions;
• Interactions or encounters with wildlife (exposure to animals with the attendant risk of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner) causing personal injury, an allergic reaction, and/or death;
• Equipment malfunctions;
• Negligence of other participants;
• Negligence on the part of the Big Fat Boundless guide, including failure to safeguard or protect from the risks or dangers of the Activities;
• Consumption of alcohol;
• Collisions with vehicles, equipment, or structures;
• Becoming lost or separated from guides or other participants; and the failure to remain within designated areas.

In simplest terms: I acknowledge that there are numerous risks and dangers I may face during my involvement in the Activities including the risks listed here in this Agreement.

ALCOHOL AND ILLEGAL SUBSTANCES
If I use, consume, or am under the influence of alcohol or illegal drugs before or while engaging in the Activities, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by the Tour Operator or third parties, and will indemnify the Tour Operator from any liability for any damage to property or personal injury to any third party, resulting from my participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.

In simplest terms: If I consume alcohol and/or illegal drugs before or during my involvement in the Activities I am responsible for any loss, injury, or damage I cause to myself or others.

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES.
I fully understand and acknowledge that outdoor recreational activities generally described as hiking, trekking, mountaineering, walking, via ferrata and other outdoor activities involve inherent risks and dangers. My participation in such activities and/or use of equipment utilized may result in injury or illness including, but not limited to an allergic reaction, bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious permanent disability.

These risks, dangers, and hazards may be caused by accidents, the forces of nature, the negligence of the guide, the negligence of others, participants, or other causes.

Risks, dangers, and hazards may arise from foreseeable or unforeseeable causes including, but not limited to, walking on the steep, narrow, and rough terrain where good balance is required, guide decisions, including that a guide may misjudge weather, terrain, and/or trail, and such risks and dangers are integral to recreational activities that take place in nature / a wilderness outdoor environment.

I agree that by choosing Tour Operator as my guide and in undertaking the Activities, I agree to accept the risks listed here in this Agreement. I confirm that I have been informed about the terms of this waiver and I agree to accept the terms of this waiver.

I am not relying on any oral or written representations or statements made by the Tour Operator about the safety of the Activities other than what is stated in this Waiver.

I freely accept and fully assume these risks and the possibility of injury and loss resulting from my participation in the Activities.

In simplest terms: I understand and accept the risks of participating in the Activities. I am relying on the statements about the risk contained in this Wavier as the definitive source of information about the safety of the Activities over any other communications or materials.

PHOTO RELEASE AND SOCIAL MEDIA CONSENT
Big Fat Boundless guarantees that it will not use images, photos or videos of you or anyone else in your group for its marketing campaigns, PR, print, website, and other promotional activities without your written permission. However, Big Fat Boundless cannot guarantee that other participants in the Tour will not take photos of you and/or your family. I herby fully agree that, while participating in any Tour, images, photos or videos of me and/or my family (if applicable) may be taken by other participants. I release Big Fat Boundless from any liability for loss, damage or reputational damage arising out of and resulting from the use of such photos, images and videos by other participants. I fully understand that other participants may produce, reproduce, post, and print such images, photos and videos on social media, magazines, or anywhere else for any purpose whatsoever and I will not hold the Tour Operator responsible for any outcome that may result from this.

MINOR TRAVELERS
A minor traveller may participate in excursions, travel and stay at the accommodation property accompanied by his or her parents or guardian or another responsible person. Anyone under the age of 18 on the date of travel is considered to be a minor. Minors must always be accompanied by an adult. I understand that the minimum age for minors traveling on any Tour is 12 years old.

As the accompanying adult responsible for the minor traveller I am responsible for securing all consents, documentation and ensuring that the minor(s) meet all legal requirements to travel, to enter into and depart from the country. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

As the accompanying adult responsible for the minor traveller I am responsible for the behavior, wellbeing, supervision, and monitoring of a minor traveller(s), and I accept these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. I understand and fully agree that the Tour Operator does not provide care services for minors and that Tour Operator expressly disclaims any responsibility for chaperoning or controlling any minor(s).

By signing this Agreement, I, the signatory – parent or guardian of the minor child – also confirm that the other parent or another responsible person is aware and explicitly agrees with the terms of this Agreement, for which I am responsible materially and criminally.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration of the Tour Operator allowing me to participate in the Activities I agree:

1. In the event that I, or my next of kin, suffer any loss, damage, expense, or injury from my participation in the Activities INCLUDING THOSE CAUSED BY THE RISKS SPECIFICALLY OUTLINED IN THIS WAIVER, I AGREE TO WAIVE ANY AND ALL CLAIMS I have or may have in the future against Tour Operator and to RELEASE the Tour Operator from any and all liability;
2. TO HOLD HARMLESS AND INDEMNIFY Tour Operator from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Activities;
3. Any litigation involving the parties to this Agreement shall be brought solely within the Republic of Croatia and shall be within the exclusive jurisdiction of the Courts of Croatia.
4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.
5. This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Croatian state and no other jurisdiction.