Terms and Conditions

Mountaineering, Rock Climbing, Nature Walks or any other Activity organized by Rwenzori Trekking Services, Release of Liability, Image Use, Waiver of Claims, Express Assumption of Risk & Indemnity Agreement

Please read and be certain you understand the implications of signing.

Signature of Parent or adult legal Guardian if Participant is a Minor, and by their signature, they on my behalf release all claims that both

Express Assumption of Risk Associated with Mountaineering, Climbing, and Related Activities.

That I ……………………………………………………………………………. Date of Birth ……………………….. Male [  ] Female [  ]

of (address) ………………………………………………………………………………………………………………………….. email ……………………………………………………………..

Nationality ………………………………………… Passport number …………………………………………….. do herby affirm & acknowledge that I have been fully informed of the inherent hazards and risks associated with Mountaineering, Rock Climbing and trekking activities, transportation of equipment related to the activities, and traveling to and from activity site of which I am about to engage in. Further that I, the above named person, being above the age of 18, or the legal guardian of the above named person, who is under the age of 18, in consideration of the services of Rwenzori Trekking Services Ltd, the rate charged for those services, and the privilege to engage in mountaineering, rock climbing, technical climbing, trekking, nature walks or other activities which I may participate in, or under the auspices of Rwenzori Trekking Services Ltd, as such I hereby acknowledge, agree, promise, and covenant with Rwenzori Trekking Services Ltd, and all other persons or entities, on behalf of myself, my heirs, assigns, personal representative, and estate as follows:

ACKNOWLEDGMENT OF RISKS

I understand and acknowledge that the activity I am about to engage in as a client, participant and/or volunteer bears a certain known significant risk and unanticipated risks which could result in injury, permanent paralysis, death, illness or disease, physical or mental, or damage to myself, to my property, or to spectators or other third parties. Among these risks are included but not limited to the following: (1) risks and dangers inherent in travel in mountain terrain, actual climbing and mountaineering activities; (2) the acts or omissions, negligent in any degree, of Rwenzori Trekking Services Ltd. or its agent or employees, and other persons or entities; (3) latent or apparent defects or conditions in equipment, or property supplied by Rwenzori Trekking Services Ltd., or other persons or entities; (4) use of operation, by myself or others, of equipment supplied by Rwenzori Trekking Services Ltd., or other persons or entities; (5) acts of other participants in this activity, employees, and agents of Rwenzori Trekking Services Ltd., or other persons; (6) weather conditions; (7) contact with plants, animals, or insects; (8) in my own physical condition, or my own acts or omissions; (9) condition of climbing routes, trails, roads, waterways or terrain, and accidents connected with their use; (10) first aid, emergency treatment or other services rendered; (11) consumption of food and drink.

Inherent hazards & risks include but are not limited to:

1. Risk of injury from the activity and equipment utilized in Mountaineering, and Rock Climbing is significant including the potential for permanent disability & death.

2. Possible equipment failure and/or malfunction of my own or others’ equipment.

3. My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of Rwenzori Trekking Services Ltd including but not limited to operator failure. Falling, causing broken bones severe injuries to the head, neck & back which may result in severe impairment or even death.

4. Injury to hands, fingers, feet and toes, including but not limited to inflammation and/or strain of muscles, ligaments and/or tendons, nerve damage or compression, and broken bones.

5. Injuries from falling may occur from exposure to high atitude, which may affect judgment and coordination, or from not paying close attention to your climbing or others climbing with or near you.

6. Broken bones, sever injuries to the head, neck, and back which may result in sever physical impairment or even death.

7. Discharge of weapons in or near the area of activity.

8. Cold weather and heat related injuries & illness including but not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia & dehydration.

9. Exposure to outdoor elements, including but not limited to avalanche, rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperature & other weather conditions.

10. Attack by or any encounter with insects, reptiles and/or animals.

10. Accidents or illness occurring in remote places where there are no available medical facilities.

11. Fatigue chill, and/or dizziness, which may diminish my/our reaction time & increase the risk of accident.

12. My sense of balance, physical coordination, & ability to follow instructions.

* I understand that the description of these risks is not complete & that unknown or unanticipated risks may result in injury, illness, or death.

IMAGE USE

I understand that on any expedition or trek I may be photographed by Rwenzori Trekking Services employees or guides and hereby I agree to allow my photo, video or film likeness through any media, including any electronic media to be copyrighted and used for any legitimate purpose by Rwenzori Trekking Services Ltd or its assigns. I hereby waive any right of publicity or privacy that I may have in my name or likeness.

Release of Liability, Waiver of Claims & Indemnity Agreement

In consideration of being permitted to participate in any way in Mountaineering, Rock Climbing, trekking, or any other activity organized by Rwenzori Trekking Services Ltd, I hereby agree, acknowledge & appreciate that:

1. I HEREBY RELEASE & HOLD HARMLESS WITH RESPECT TO ANY & ALL INJURY, DISABILITY, DEATH, or loss or damage to person

or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as Rwenzori Trekking Services Ltd, who are also known as Trekkers and or RTS.

2. To release Rwenzori Trekking Services Ltd, their officers, directors, employees, representatives, & volunteers, & vessels from liability & responsibility whatsoever & for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of RTS or otherwise. By executing this document, I agree to hold Rwenzori Trekking Services Ltd harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.

3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by Rwenzori Trekking Service Ltd, other than what is set forth in this Agreement.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT, & I FULLY UNDERSTAND ITS TERMS, & UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY & VOLUNTARILY WITHOUT ANY INDUCEMENT.

Clients signature ……………………………………….. Full Name of Client ………………………………………………………………. (please print) Date ……………………

FOR PARTICIPANTS/CLIENTS OF MINORITY AGE: this is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this

participant, do consent & agree not only to release his/her release of Rwenzori Trekking Services Ltd., but also to release & indemnify Rwenzori Trekking Services Ltd. from any & all liabilities incident to his/her involvement in these activities for myself, my heirs, my assigns, & next of kin.

Name of Parent or adult legal Guardian (please print) …………………………………………………. Signature ……………………………………… Date ……………………