Water Sports
I, the undersigned, acknowledge and agree that my participation in the water sports activities offered by the Provider is completely voluntary and is provided strictly as a complimentary guest experience. I understand and fully acknowledge that water sports involve significant inherent risks, dangers, and hazards. These include, but are not limited to, unpredictable changes in weather, wind, water conditions, currents, and waves; equipment failure, malfunction, or misuse; collisions with other watercraft, swimmers, docks, or natural obstacles; physical exertion, dehydration, heat-related illness, drowning, or near-drowning; and the actions or negligence of other participants or operational personnel. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees (defined below), and assume full responsibility for my participation.
In consideration for being permitted to participate in these activities free of charge, I hereby release, waive, discharge, and covenant not to sue the Provider, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, authorized contractors, technical operators, and site personnel (collectively referred to as the "Releasees"), from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including but not limited to claims for bodily injury, illness, death, or property damage, whether caused by the negligence of the Releasees or otherwise.
I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including reasonable attorney’s fees, brought as a result of my involvement in these activities, and to reimburse them for any such expenses incurred immediately upon demand.
I certify that I am in good physical condition, am a competent swimmer (where applicable for the chosen activity), and have no medical constraints, conditions, or health problems that would render my participation unsafe. I explicitly agree to, (a) strictly follow all oral, written, and practical instructions provided by the site crew and technical personnel; (b) properly wear all required safety gear, including life jackets and personal flotation devices, at all times; (c) acknowledge that the Provider reserves the absolute right to deny or terminate my participation at any time for safety or non-compliance reasons; (d) confirm that I am not under the influence of alcohol, drugs, or any other intoxicating substance at the time of participation; and (e) acknowledge that the Provider may prescribe a minimum age or specific eligibility criteria for individual activities, as communicated at the site.
I hereby authorize the Releasees to obtain emergency medical treatment for me in the event of an injury, illness, or medical emergency during the activity. I agree that I shall be solely responsible for any and all medical expenses, transportation costs, or insurance deductibles incurred as a result.
I consent to the collection and use of my contact information provided below for future communication and marketing initiatives from the Provider.
This Form shall be governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to this Form shall first be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed mutually by the parties, failing which in accordance with the applicable provisions of the Arbitration and Conciliation Act, 1996. The seat and venue for such arbitration proceedings shall be Mumbai. Subject to the foregoing, the courts at Mumbai shall have exclusive jurisdiction. If any provision of this Form is held invalid or unenforceable by a court or authority of competent jurisdiction, the remaining provisions shall remain unimpaired and continue in full force and effect.
This Form, together with any site rules and safety instructions displayed or communicated at the venue, constitutes the entire agreement between the Participant and the Provider on the subject matter herein and supersedes all prior discussions or representations, whether oral or written.
I acknowledge that the Provider shall not be liable for the loss of, theft of, or damage to any personal property, including mobile phones, jewellery, cash, or other valuables, brought by me to the site or carried during the activity, and that I am responsible for safeguarding or securing such items.
I acknowledge that the Provider may suspend, postpone, curtail, or cancel any activity at its sole discretion and without liability, where it considers this necessary on account of weather, sea, or other site conditions, or for reasons of safety.
I acknowledge that the site may be under CCTV or other recording for safety, security, and incident-review purposes.
A parent or legal guardian must sign below acknowledging consent. I certify that I am the parent or legal guardian of the minor named above, and I hereby explicitly consent to their participation and agree to bind myself, the minor, and our executors to all terms of this Form.
Noverra Services Private Limited
Submissions are recorded to the consent register.