Liability Waiver Provisions : SLOTH BEAR FOUNDATION is a non- profit environmental organization involved in tours and expeditions, etc., to fund conservation and development programs that we undertake. Many of our tourists will be relatively affluent, and the lost earnings and medical damages from a single serious injury could well exceed any liability insurance coverage we can feasibly obtain for a risky activity that has inherent dangers without correspondingly clear actuarial history. Moreover, prospective clients are in much better position to assess their potential economic losses and the likelihood of personal accidents under varying conditions in light of their distinctive physical, psychological, and economic circumstances. Sloth Bear Foundation cannot afford to “gamble” its organizational future on the possible outcomes of liability claims against us, and we must consequently refuse to accept any liability of any kind allegedly arising in the operation of these tourism activities. We are making it absolutely clear that tourists on our programs must agree to assume, and will definitely bear, all of the accident and injury risks arising from this activity.
Sloth Bear Foundation also cannot monitor or control employee behaviour in every way at every moment. Errors of judgment by staff/ guides are not only possible but occasionally inevitable, and client participants are the only people who can effectively protect themselves against risky judgments by regulating their own actions and choices on the tour. Sloth Bear Foundation will not accept liability for any client injuries or other client losses during any phase of the tour, even if these damages are caused by the negligent or intentional conduct of employees.
Applicants for bookings must sign and date the Booking Form statement acknowledging that Sloth Bear Foundation cannot offer such tour programs at the current price, or likely any price, if we have to bear liability for risks associated with voluntary participation in a tour in remote geographical areas. By applying for an Sloth Bear Foundation tour booking and signing the Booking Form, the applicant agrees on behalf of himself or herself, potential heirs, and personal representatives, that no lawsuit or other legal action will be brought against Sloth Bear Foundation for claims or damages arising from participation in any aspect of the tours offered by Sloth Bear Foundation
It is the clear intent of these Liability Waiver Provisions to absolve Sloth Bear Foundation of any form of liability for any damages arising from the operation of Sloth Bear Foundation tours regardless of the cause and circumstances. If a legal action for damages is brought against Sloth Bear Foundation notwithstanding the provisions of this agreement, the court or other adjudicator shall interpret any alleged ambiguities or inconsistencies in light of this liability exclusion intent.
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