Waiver of Liability
Assumption of Risk and Release Agreement
The undersigned acknowledges that participation in outdoor adventure activities and tours with Nature Horizons Montenegro (hereafter reffered as ”Tour Operator” or Bike ‘n More d.o.o. hereafter referred to as “the Company”) involves inherent risks and hazards which may result in injury, illness, or even death. The enjoyment and excitement derived from such activities are based, in part, on these inherent risks, and the undersigned acknowledges this as a reason for voluntary participation. Therefore, the undersigned acknowledges being aware of and assuming the inherent hazards and risks associated with participating in tours and activities organized by the Company, including but not limited to:
- Trekking, hiking, and mountaineering in rugged and remote terrain.
- Climbing, rappelling, and traversing rock faces and cliffs.
- Whitewater rafting, kayaking, and other water-based activities.
- Mountain biking and cycling on varied terrain and roads.
- Wildlife encounters and interactions with natural elements.
- Exposure to unpredictable weather conditions, including extreme temperatures and precipitation.
- Potential encounters with hazardous flora and fauna.
- Accidents, falls, and collisions with obstacles or other participants.
- Equipment failure or malfunction, including personal gear and transportation vehicles.
- Acts of negligence or misconduct by the undersigned, other participants, guides, or third parties.
The undersigned acknowledges that the list of risks provided is not exhaustive, and unforeseen hazards may arise during the course of the tour. By voluntarily participating in activities organized by the Company (Nature Horizons Montenegro – Tour operator), the undersigned assumes complete personal responsibility for these risks and releases the Company from any liability for injuries, damages, or losses that may occur, even if such injuries or losses are not foreseeable at the time of signing this agreement.
Release of Liability:
The undersigned hereby releases and holds harmless Nature Horizons Montenegro, its employees, guides, subcontractors, shareholders, affiliates, officers, directors, successors, agents, and assigns from any and all claims, liabilities, damages, or losses, whether caused by negligence or otherwise, arising from participation in Company activities or tours.
Medical Treatment:
The undersigned acknowledges that the Company does not provide medical care and is not responsible for providing or arranging medical treatment. In the event of injury or illness, the undersigned authorizes the Company to obtain medical care and transport them to a medical facility if necessary. The undersigned agrees to bear all costs associated with medical care or transportation and waives any claims against the Company for the provision or failure to provide medical treatment.
Insurance:
The undersigned understands that the Company does not provide health, medical, or disability insurance coverage. It is the responsibility of the undersigned to obtain their own travel insurance, including medical and health coverage, and to verify coverage while participating in Company activities.
Indemnification:
The undersigned agrees to indemnify and hold harmless the Company from any claims or liabilities arising from their actions, omissions, or breach of the terms of this agreement.
Choice of Law/Venue Selection – Disputes:
Any dispute arising from or related to this agreement or Company activities shall be resolved exclusively in a court of competent jurisdiction in Montenegro. The parties agree that Montenegrin law shall govern any such proceedings.
Miscellaneous:
The undersigned agrees to comply with all safety instructions and regulations provided by the Company or its guides. The Company reserves the right to refuse participation or remove any individual from a tour for reasons including but not limited to physical incapacity, disruptive behavior, or failure to adhere to safety guidelines.
Knowing and Voluntary Execution:
The undersigned acknowledges having read and understood the terms of this agreement and agrees to its terms voluntarily. The undersigned further acknowledges that this agreement is legally binding and enforceable. By signing below, the undersigned represents and warrants that they have the authority to agree to this contract on behalf of all individuals participating in Company activities and waive their legal rights accordingly.
Parent or Guardian of a Minor:
In the case of a minor participant, the undersigned parent or guardian hereby gives permission for the minor to participate in Company activities and agrees to the terms of this agreement on behalf of the minor.