Waiver of Liability and Hold Harmless Agreement

IMPORTANT LEGAL NOTICE: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY IN ITS ENTIRETY BEFORE AGREEING. YOU ARE GIVING UP SIGNIFICANT LEGAL RIGHTS BY AGREEING TO THIS WAIVER, INCLUDING THE RIGHT TO SUE. IF YOU HAVE ANY QUESTIONS, CONTACT US BEFORE SIGNING.

Introduction

Participation in trips organized by One With Whales Expeditions Inc, operating as One With Whales, involves inherent risks due to the nature of outdoor, aquatic, and wildlife activities in remote environments. This Waiver of Liability and Hold Harmless Agreement is a binding legal contract. Acknowledgment is mandatory for participation. By checking the box and providing your name and date below, you confirm you have read this agreement in full, had adequate time to review it, and voluntarily accept its terms.

If you have any questions or concerns, contact us before agreeing. Failure to agree will result in denial of participation with no refund.

1. Acknowledgment of Risks

1.1 I understand and acknowledge that participation in One With Whales trips involves inherent and serious risks associated with the following specific activities, all of which are covered by this waiver:

  • Freediving, breath-hold diving, and surface swimming in open ocean conditions

  • In-water encounters with large wild cetaceans including humpback whales, with unpredictable behavior beyond anyone's control, including unexpected movements, changes in direction, surfacing, and physical contact

  • Snorkeling and surface swimming in variable ocean conditions including currents, swells, surge, and reduced visibility

  • Travel by local vessels and watercraft operated by independent third party operators

  • Hiking, walking, and land-based activities in remote terrain

  • Cultural and community activities including but not limited to taro farming, line fishing, and local excursions

  • Homestay accommodation in remote locations with limited infrastructure

  • Travel to and from remote locations with limited or no access to medical facilities, emergency services, or evacuation infrastructure

1.2 I voluntarily and knowingly assume all risks associated with these activities, including but not limited to injury, illness, property loss, disability, or death, whether caused by the conditions described above or otherwise.

1.3 I confirm that I am 19 years of age or older, or that I am the legal guardian of a minor participant and understand that this waiver may have limited enforceability with respect to minors under BC law.

1.4 I confirm that I am in good physical health, am a competent swimmer, and am physically and medically capable of participating in the activities described. I understand that One With Whales relies on this confirmation.

PLEASE INITIAL HERE TO CONFIRM YOU HAVE READ AND UNDERSTOOD SECTION 2: _______

2. Release of Liability

2.1 To the fullest extent permitted by law, I release, waive, and discharge One With Whales, its owners, directors, employees, agents, contractors, and affiliates from any and all liability for claims, damages, losses, or expenses of any kind arising from my participation in any One With Whales trip or activity.

2.2 This release applies to claims resulting from negligence, breach of contract, or any other cause, except for gross negligence or willful misconduct by One With Whales.

2.3 One With Whales acts solely as a trip organizer and coordinator. All local boat operators, vessel captains, guides, drivers, accommodation providers, and activity operators are independent third party service providers. One With Whales does not own, operate, or control these third parties and accepts no liability for their acts, omissions, negligence, or default. By participating, I acknowledge and accept this arrangement.

2.4 In the event that any liability is found against One With Whales notwithstanding this waiver, such liability shall be strictly limited to the total trip fee paid by me to One With Whales.

3. Indemnification

I agree to indemnify and hold harmless One With Whales and its affiliates from any claims, damages, or expenses arising from:

  • My actions, negligence, or failure to follow guide instructions during the trip

  • Any injury or loss suffered by myself or third parties due to my participation

  • My failure to disclose relevant medical conditions or physical limitations prior to the trip

4. Medical, Insurance, and Emergency Authorization

4.1 I confirm that I hold valid travel medical insurance covering freediving and breath-hold diving, snorkeling, aquatic activities, hiking, emergency medical treatment, and emergency evacuation, as required by One With Whales as a condition of participation.

4.2 I am solely responsible for ensuring my insurance is active, adequate, and accessible during the trip. One With Whales does not verify or administer participant insurance.

4.3 I am solely responsible for all costs incurred during any medical emergency, including treatment, evacuation, and transportation. One With Whales bears no financial responsibility for these costs under any circumstances.

4.4 I authorize One With Whales and its guides to seek emergency medical assistance on my behalf if I am incapacitated or unable to communicate, and I accept full financial responsibility for any costs incurred.

5. Behaviour and Compliance

5.1 I agree to follow all instructions from One With Whales guides and staff at all times and to respect local laws, cultures, and wildlife.

5.2 Disruptive, unsafe, or non-compliant behavior may result in immediate removal from the trip without refund, at the sole discretion of the Trip Leader, Local Hosts, and/or One With Whales Directors.

6. Photographic and Media Release

6.1 I consent to the use of photographs and video taken during the trip for promotional, educational, social media, and editorial purposes by One With Whales.

6.2 If I do not wish to appear in published media, I must notify One With Whales in writing prior to the trip start date.

7. Severability

If any provision of this agreement is found unenforceable, the remaining provisions shall continue in full force and effect.

8. Governing Law and Jurisdiction

This agreement is governed by the laws of Canada and the Province of British Columbia. Any disputes shall be resolved exclusively in the courts of British Columbia.

9. Acknowledgment of Independent Review

I acknowledge that I have had sufficient time to read this agreement in full, that I have not been rushed or pressured into signing, and that I have had the opportunity to seek independent legal advice prior to agreeing.

☐ I have read, understood, and voluntarily agree to all terms of this Waiver of Liability and Hold Harmless Agreement.

Full Name: _____________________
Date: _____________________

(Initial beside Section 2 above before submitting)