ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT FOUNDATION
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND
INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)
BY VISITING YOU AGREE WITH THIS RELEASE AGREEMENT, YOU WILL
WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
OR CLAIM COMPENSATION FOLLOWING AN ILLNESS OR ACCIDENT.
PLEASE READ CAREFULLY!
In exchange for ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT
FOUNDATION permitting my and/or my minor child(ren)’s or ward(s)’ participation in
activities at ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT
FOUNDATION, I consent and agree to all of the following on behalf of myself and any minor
child(ren) or ward(s):
DEFINITIONS
In this Agreement, ECOLOGIC THAILAND AND THE THAI CHILD DEVELOPMENT
FOUNDATION and their respective directors, officers, employees, guides, agents, independent
contractors, subcontractors, representatives, volunteers, successors and assigns are hereinafter
collectively referred to as the “Releasees.”
The term “Activities” includes all activities, visits, and stays that take place at or in connection
with ECOLOGIC THAILAND and/or the THAI CHILD DEVELOPMENT FOUNDATION and
include without limitation events or services provided, arranged, organized, conducted,
sponsored or authorized by the Releasees and shall include, but are not limited to: boating; river
rafting; biking; swimming; caving; hiking; day trips, excursions; sightseeing; use of
accommodations, restaurant, lavatories, sport field, wellness areas, hot tubs and pools; and all
travel including without limitation by car, van, open bus, water and motor vehicles.
ASSUMPTION OF RISKS
I acknowledge that participation in the Activities can be physically demanding or dangerous and
that my and/or my minor child(ren)’s or ward(s)’ participation is entirely voluntary. I agree to
voluntarily assume any and all risks which are inherent in, or are in any way related to, my
and/or my minor child(ren)’s or ward(s)’ participation in the Activities. I represent to the
Releasees that I and my minor child(ren) or ward(s) am/are in good health and suffer from no
physical impairment or defect which might limit my/our ability to participate in the Activities. I
further represent that if at any time I/we feel or believe that I am/we are endangered by, or
unable to continue participation in the Activities I/we will immediately discontinue such
participation.
I am aware that the Activities may take place in a wilderness environment and that participation
in these Activities involves various risks, dangers and hazards. The environment in which many
of these Activities are conducted involves the risks of encountering dangerous animals and
insects and collision with natural objects such as branches and rocks. Other risks, dangers and
hazards associated with the Activities include, but are not limited to injury, illness or death from:
infectious diseases spread by human and animal carriers, bacteria and viruses including without
limitation COVID-19, dengue, malaria, and other diseases; accidents or injuries during yoga and
other exercise practices and day trips; falling branches and trees; landslides and floods; tripping,
slipping, falling, drowning, lighting strikes; encounters with domestic or wild animals, including
without limitation snakes, leeches, bees, mosquitos, ticks and other insects or animals;
encounters in and around the accommodation, in the open bathrooms, in the yoga hall, in the
restaurants, in the gardens and rivers and on the paths; accidents involving motor vehicles or
other transport; hazards in connection with electrical shock from plugs and wires or other
electrical hazards; negligence of other persons; and NEGLIGENCE ON THE PART OF THE
RELEASEES.
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE
RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND
HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE STAY IN THE NATURE
LODGE AND ON THE PREMISES OF ECOLOGIC THAILAND AND THE THAI CHILD
DEVELOPMENT FOUNDATION. Communication in the wilderness environment and in rural
Thailand is difficult, and in the event of an accident, rescue, medical treatment and evacuation
may not be immediately available, or may be delayed. I AM AWARE OF THE RISKS,
DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY
ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, AND
THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS
RESULTING THEREFROM OR IN CONNECTION THEREWITH.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me and/or my minor child(ren) or ward(s) to
participate in the Activities and permitting my/our use of their equipment, vehicles, parking and
other facilities I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I/we have or may in the future have against THE
RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss,
damage (including without limitation any consequential damages), expense or injury including
death that I/we may suffer or that my/our next of kin may suffer as a result of or in connection
with my/our participation in the Activities, DUE TO ANY CAUSE WHATSOEVER,
INCLUDING SOLE, JOINT, ACTIVE OR PASSIVE NEGLIGENCE OR GROSS
NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR
OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE ON THE PART OF THE
RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE
PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR
PROTECT ME/US FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO
ABOVE; - TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for
any damage to the property of or personal injury to any third party resulting from my/our
participation in the Activities. On my own behalf and on behalf of my heirs, executors, personal
representatives, administrators and assigns, I hereby agree to indemnify and hold each of the
Releasees harmless from and against any and all claims made or incurred by anyone, including
myself, arising out of or in any way connected to the representations I have made in this
Agreement or my/our participation in the Activities, wherever such activities may occur and
whether suffered before, during or after such participation. My indemnification obligations shall
include, without limitation, any consequential damages incurred by any of the Releasees and all
attorneys’ fees and costs incurred by any of the Releasees through and including any appeals. - I understand and agree that I am not relying on the Releasees to have arranged for, or carry,
any insurance of any kind for my/our benefit relative to my/our participation in the Activities,
and that I am solely responsible for obtaining any mandatory or desired life, travel, accident,
property, or other insurance related to my and/or my minor child(ren)’s or ward(s)’ participation
in the Activities, at my own expense. - I expressly agree that the Release and Indemnity provided for in this Agreement shall cover all
physical and emotional injuries and/or damages, including without limitation all bodily injury
(including death) and property damage, whether suffered by me or and/or my minor child(ren) or
ward(s) or anyone else before, during or after participation. Additionally, I expressly agree that
the scope of the Release and Indemnity shall include any claims related, in whole or in part, to
my own actions, the actions of third parties or in any way related to the use of any equipment or
property, whether foreseeable or unforeseeable.
- This Release Agreement shall be effective and binding upon myself, my minor child(ren) or
ward(s), heirs, next of kin, executors, assigns, administrators and representatives; - This Release 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 Thailand
and no other jurisdiction; - Any litigation involving the parties to this Release Agreement shall be brought solely within
Thailand and shall be within the exclusive jurisdiction of the Courts of Thailand. I
SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY; and - If any provision or part thereof of this Agreement is held to be invalid, void or unenforceable
by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to
conform to applicable law, or if this would cause an illogical or unreasonable result, such
provision or part thereof shall be stricken from this Agreement without affecting the binding
force or effect of any other part or provision.
In entering into this Release Agreement I am not relying on any oral or written representations or
statements made by the Releasees with respect to the safety of the Activities, other than what is
set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT
AND I AM AWARE THAT BY VISTING AND BOOKING I AM WAIVING CERTAIN
LEGAL RIGHTS WHICH I AND/OR MY MINOR CHILD(REN) OR WARD(S), HEIRS,
NEXT OF KIN, EXECUTORS, ASSIGNS, ADMINISTRATORS, AND REPRESENTATIVES
MAY HAVE AGAINST THE RELEASEES
