Waiver Conditions
These are the full conditions of the Cliff-Inn Adventures release of liability and assumption of risk agreement. By signing the participant waiver, you accept each of the following.
Participants under 18: a parent or guardian must complete and sign the waiver on the participant's behalf.
This agreement is governed by the Indian Contract Act, 1872, the Information Technology Act, 2000 (for electronic execution), the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023.
1. Minors
If the participant is below 18 years of age on the date of the activity, a parent or legal guardian must complete and sign the waiver on the participant's behalf. The guardian's details replace the participant's details, and the guardian's signature binds both the guardian and the minor to every term.
2. Nature of the activity and inherent risks
The activity is an adventure or outdoor activity carried out in a natural, semi-natural, or purpose-built environment and involves inherent risks. These risks include, without limit: physical injury, permanent disability, heart or respiratory strain, drowning, falls, collision, animal or insect encounters, adverse weather, equipment failure, and death. Some risks arise from the participant's own action or inaction, the action of other participants, or conditions of the terrain or environment that no amount of care removes.
The participant confirms understanding of these risks and confirms that no assurance of complete safety has been given by Cliff-Inn Adventures, its staff, or its instructors.
3. Voluntary participation
The participant confirms participation in the activity is voluntary. No person has forced, pressured, or misled the participant into taking part.
4. Medical fitness declaration
The participant declares that:
- The participant is in sound physical and mental health and fit to take part in the activity.
- The participant has disclosed, before signing, every medical condition, injury, allergy, or physical limitation relevant to the activity, including heart conditions, epilepsy, asthma, fractures, or pregnancy.
- The participant is not under the influence of alcohol, narcotics, or any substance that impairs judgment or coordination at the time of the activity.
- Where staff determine, at their sole discretion, that the participant is unfit to continue, the participant will follow the instruction to stop, without objection or claim.
- A false or incomplete medical declaration removes the protection this agreement otherwise gives and exposes the participant to full responsibility for resulting harm.
5. Assumption of risk
The participant assumes full responsibility for the risks described above and every other risk connected with the activity, whether described here or not. This assumption stands whether the risk is known to the participant now or becomes known only during the activity.
6. Release and waiver of liability
To the extent permitted under the Indian Contract Act, 1872, the participant releases Cliff-Inn Adventures, its owners, directors, employees, instructors, and agents from liability for injury, loss, or damage arising from ordinary negligence in connection with the activity.
This release does not extend to loss or injury caused by gross negligence, recklessness, or wilful misconduct, and does not remove any statutory right under the Consumer Protection Act, 2019. Nothing limits liability for death or personal injury caused by an act that Indian law does not permit a party to exclude.
7. Indemnity
The participant agrees to indemnify Cliff-Inn Adventures against claims, costs, and losses it suffers because of the participant's breach of this agreement, the participant's negligence, or failure to follow safety instructions given during the activity.
8. Emergency medical treatment
The participant authorizes staff and any medical personnel called by Cliff-Inn Adventures to give first aid, arrange transport, and administer emergency medical treatment if the participant becomes unable to give consent directly. The emergency contact named in the waiver will be reached without delay. The participant accepts responsibility for medical costs arising from such treatment, except where the injury results from gross negligence.
9. Safety instructions
The participant agrees to follow every safety briefing, instruction, and rule given by staff before and during the activity, and to use every item of safety equipment provided, in the manner instructed.
10. Media and photography consent
The participant consents to photographs and video footage recorded during the activity being used for safety review, training, and promotion, including on the website and social media, without further payment. A participant who does not consent must inform Cliff-Inn Adventures in writing before the activity begins.
11. Data protection
Personal data given in the waiver is collected to process participation, ensure safety, and meet record-keeping duties under applicable law. It is processed under the Digital Personal Data Protection Act, 2023, and is not used for any purpose beyond those stated without separate consent.
12. Governing law and jurisdiction
This agreement and every dispute arising from it are governed by Indian law. The courts having jurisdiction over the location where the activity takes place hold exclusive jurisdiction over any dispute.
13. Severability
If a court finds a part of this agreement unenforceable, the remaining parts stay in full effect.
14. Entire agreement
This agreement is the entire agreement between the participant and Cliff-Inn Adventures regarding the risks and terms of the activity and replaces every earlier discussion or representation on the subject.
15. Declaration
By signing the waiver, the participant confirms that they have read this agreement in full, understand every term above, and sign it freely and without pressure.
