Waiver & Release from Liability
ALPINE GUIDES FOX GLACIER
WAIVER AND RELEASE FROM LIABILITY
I accept that the activities offered by or through Alpine Guides Fox Glacier (hereafter AG), which include but are not limited to mountaineering, rock climbing, ice climbing, trekking, skiing and travel (both air and ground) to, from and within the activity locations, inherently involve risks and potential hazards. The risks and hazards include but are not limited to rocks, cliffs, cornices, avalanches, crevasses and equipment failure.
I agree that by purchasing this ticket and in undertaking the activities, I accept that there are risks and hazards associated with the activities. I also confirm that all persons travelling with me on this ticket have been informed about the terms of this waiver and in undertaking the activities, have similarly agreed to accept that there are risks and hazards associated with the activities and to accept the terms of this waiver.
I accept that it is reasonable for AG to assume that I have accepted these terms and conditions by purchasing this ticket and undertaking the activity.
I agree to follow all instructions given by an AG guide and to use any equipment supplied by AG in accordance with the guide’s instructions. I accept that AG reserves the right to withdraw any person from the activity who in AG’s opinion is likely to endanger themselves or others. I also accept that AG reserves the right to cancel any activity for any reason if it becomes concerned for my safety or the safety of any other person.
I certify that I am physically fit and able to participate in AG activities and I have not been advised otherwise by a qualified medical person. I have disclosed to my AG guide (or will so disclose before undertaking the activities) any medical condition, previous injury or medication that I am taking.
I consent to receive any medical treatment that may be deemed necessary in the event of injury, accident or illness while undertaking AG’s activities
I understand that AG operate in a mountain/alpine environment where certain events may result in having to stay on the glacier overnight.
I understand that under New Zealand law the accident compensation scheme provides only limited assistance to visitors to New Zealand who suffer personal injury. I acknowledge that AG strongly recommends that all visitors to New Zealand should have full insurance covering any personal injury they might suffer, including medical treatment cover.
To the extent permitted by law I hereby release, waive, discharge and hold blameless AG, AG guides and all persons entities and contractors connected to AG from any and all liability for death, disability, personal injury (including mental injury), property damage, property theft, loss of personal equipment and all other foreseeable risks, claims or actions of any kind (including negligence) whatever and however occurring which may arise, at any time, from or in connection with, directly or indirectly, as a consequence of me carrying out the activities of AG. I note that this exclusion is subject to any rights or remedies I may have under the Consumer Guarantees Act 1993.
I hereby consent to AG making, taking, collecting, retaining and using photographic images, audio or video recordings of me and/or my minor children (if applicable) undertaking the activities (hereafter the Images) and making available, publishing and/or selling the Images for the purpose of education, research, training, marketing, promotion and/or advertising. The Images may be cropped, altered, transformed or reproduced in any way, in any current or future media (including, but not limited to, print, television, cinema, internet, Youtube, signage, and offline or online social media) and I waive any right to inspect the final form of the Images. I understand that I will not receive payment or any other compensation in connection with these Images and AG’s use or sale of the Images and that I waive my rights of any kind that I have or may have in the Images. I agree to release AG from any and all liability that may or could arise from the creation, taking, use or publication of the Images. AG agrees to handle the Images in accordance with the Privacy Act 1993 and the terms of this waiver.
I agree that this waiver is contractually binding on myself, my successors, my executors, administrators, heirs, next of kin and assigns and that should I or any of my successors, executors, administrators, heirs, next of kin or assigns assert a claim in contravention of this waiver the asserting party shall be liable for all the expenses (including legal fees on a solicitor client basis) incurred by the other party or parties in defending the claim.