Mountaineering Terms

EXPRESS ASSUMPTION OF RISK UNDER MOUNTAINEERING CLIMBING AND RELATED SERVICES WITH RWENZORI MOUNTAINEERING SERVICES , RWENZORI TREKKING SERVICES

While you (the client, tourist, or hiker) embark on your journey of Mountaineering, Rock Climbing, Nature Walks, or any other activity organized by RMS, RTS  we highlight the important aspects you need to note concerning your trip which include the Release of Liability, Image Use, Waiver of Claims, Express Assumption of Risk & Indemnity Agreement

Please read each clause in the terms below and be sure you understand the implications

This undertaking is between;

NAME:…………………………………………………………………………………………………………………

PASSPORT NUMBER:……………………………………DATE OF BIRTH:……………………………………….

NATIONALITY:…………………………………………GENDER:………………………………………………

GUARDIAN (IF MINOR):…………………………………………………………………………………………………..

NEXT   OF   KIN:…………………………………………………………………………………………………………

AND

RWENZORI MOUNTAINEERING SERVICES (Ruwenzori central circuit Operator)
RWENZORI TREKKING SERVICES (Ruwenzori Kilembe Operator)
Abanya Rwenzori Mountaineering Association ( Bukurungu Trails)

 

NAME OF REPRESENTATIVE ……………………………………………………………………….

TITLE:…………………………………………………………………………………………

The client, hiker, and tourist hereby confirm that;

1. He/she has been duly informed about 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 the activity in which I am about to engage and these include but not limited to
2. Acknowledgment of Risks
3. That the activity I am about to engage in 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, these risks include but not limited to the following: contact with plants, animals, or insects

• in my own physical condition, or my own acts or omissions
• condition of climbing routes, trails, roads, waterways, or terrain, and accidents connected with their use
• first aid, emergency treatment or other, services rendered
• consumption of food and drink.
• risks and dangers inherent in travel in mountain terrain, actual climbing, and mountaineering activities
• the acts or omissions, negligent acts of   any degree by the Rwenzori Trekking Services Ltd or its agent or employees, and other persons or entities
• latent or apparent defects or conditions in equipment, or property supplied by Rwenzori Trekking Services Ltd or other persons or entities.
• use of operation, by myself or others, of equipment supplied by Rwenzori Trekking Services Ltd or other persons or entities.
• acts of other participants in this activity, employees, and agents of Rwenzori Trekking Services Ltd or other persons.
• weather conditions.

1. Inherent Hazards: Definition: These are risks that must exist for the activity to occur.

While taking on the mountaineering activity the risks include but are not limited to:

• This can arise from the activity and equipment utilized in Mountaineering, and Rock Climbing is significant including the potential for permanent disability & death.
• Possibility of equipment failure and/or malfunction of my own or other’s equipment.
• My own negligence and/or the negligence of others, including employees, agents, independent contractors, or, representatives of RTS AND RMS including but not limited to operator failure. Falling, causing broken bones and severe injuries to the head, neck & back which may result in severe impairment or even death.
• 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.
• Injuries from falling may occur from exposure to high altitude, which may affect judgment and coordination, or from not paying close attention to your climbing or others climbing with or near you.
• Discharge of weapons in or near the area of activity.
• Cold weather and heat-related injuries& illness including but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia & dehydration.
• Exposure to outdoor elements, including but not limited to avalanches (a mass of snow, ice, and rocks falling rapidly down a mountainside), rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperature & other weather conditions.
• Attack, by any encounter with insects, reptiles and/or animals.
• Accidents or illnesses occur in remote places where there are no available medical facilities.
• Fatigue chill, and/or dizziness, which may diminish my/our reaction time & increase the risk of an accident.
• 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.

Name:……………………………………………………………………………

Sign:………………………………………………………………………………

1. IMAGE USE

I understand that on any expedition or trek, I may be photographed by Rwenzori Trekking services, Rwenzori mountaineering 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 Ruwenzori Mountaineering services LTD (RMS) Rwenzori Trekking Services Ltd (RTS) or its assigns. And hereby waive any right of publicity or privacy that I may have in my name or likeness.

1. RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT

In consideration of being permitted to participate in any way in Mountaineering,  trekking, or any other activity organized by RTS, RMS,

• I hereby release any liability with respect to any harm & all injury, disability, death, loss, or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, from Rwenzori mountaineering Services, Rwenzori Trekking Services, who is also known as
• I also release Rwenzori Mountaineering Services, Rwenzori Trekking Services, their officers, directors, employees, representatives, volunteers, from liability and 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 RMS or RTS.

By executing this document, I agree to hold RMS or RTS 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.

This release shall be binding to the fullest extent permitted by Ugandan 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, AND I HAVE FULLY UNDERSTOOD ITS TERMS, I ALSO UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY & VOLUNTARILY WITHOUT ANY INDUCEMENT

Full Names:…………………………………………………………………………………………………..

Signature:……………………………………………………………………………………………………

Print Date:…………………………………………………………………………………………………………….

CONSENT FORM FOR MINOR PARTICIPANTS:

This is to certify that I, Parent, Guardian, or Temporary Guardian with legal responsibility (tick appropriate) for this participant, do consent and agree not only to release RMS or RTS, but also to release and indemnify Operator from all liabilities incident to his/her involvement in these activities for myself, my heirs, my assigns, and next of kin.

Name of Parent or adult legal Guardian ……………………………………………………………………….

Signature ………………………………………………… Date ………………………………………………………….

 

Prepared by

Primate Safari Experiences Limited
Legal Department.