LIABILITY WAIVER AND RELEASE OF CLAIMS

IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING

This Liability Waiver and Release of Claims ("Waiver") is entered into by the participant ("I," "me," or "Participant") in favor of Kuantan River Cruise ("Operator"), its owners, officers, employees, agents, guides, and representatives.

SECTION 1: ACKNOWLEDGMENT OF RISKS

1.1 UNDERSTANDING OF ACTIVITY RISKS

I acknowledge that I am voluntarily participating in activities that involve inherent risks, including but not limited to:

  • Physical injuries such as sprains, fractures, dislocations, or head injuries
  • Drowning or water-related incidents (for water-based activities)
  • Falls from heights (for climbing, rappelling, or aerial activities)
  • Equipment failure despite proper maintenance
  • Adverse weather conditions including sudden changes
  • Wildlife encounters and natural hazards
  • Exhaustion, dehydration, or heat/cold-related illness
  • Transportation incidents to and from activity locations
  • Psychological distress or panic in challenging situations
  • In rare cases, permanent disability or death

1.2 VOLUNTARY ASSUMPTION OF RISK

I understand that these risks exist regardless of the care taken by the Operator. By signing this Waiver, I voluntarily assume all risks associated with my participation, whether known or unknown.

SECTION 2: RELEASE AND WAIVER OF LIABILITY

2.1 RELEASE OF CLAIMS

I hereby release, waive, and discharge Kuantan River Cruise and its representatives from any and all claims, demands, actions, or causes of action arising from:

  • Personal injury, illness, or death
  • Property damage or loss
  • Any other damages arising from my participation

This release applies whether the injury or damage is caused by:

  • Negligence of the Operator or its employees
  • Conditions of the premises or equipment
  • Actions or inactions of other participants
  • Any other cause, except gross negligence or willful misconduct

2.2 INDEMNIFICATION

I agree to indemnify and hold harmless the Operator from any claims, damages, or expenses (including legal fees) arising from:

  • My participation in the activity
  • My breach of this Waiver
  • My negligent or reckless conduct

SECTION 3: PARTICIPANT DECLARATIONS

3.1 FITNESS TO PARTICIPATE

I confirm that:

  • I am in good physical and mental health
  • I have no medical conditions that would prevent safe participation
  • I am not under the influence of alcohol or drugs
  • I have disclosed all relevant medical information to the Operator
  • I meet all stated age and fitness requirements

3.2 UNDERSTANDING OF SAFETY RULES

I agree to:

  • Follow all safety instructions provided by guides and staff
  • Use all safety equipment as directed
  • Immediately report any unsafe conditions or equipment issues
  • Not engage in reckless or dangerous behavior
  • Accept removal from the activity if my behavior poses a safety risk

3.3 TRUTHFUL INFORMATION

I confirm that all information provided to the Operator, including medical disclosures and emergency contacts, is accurate and complete.

SECTION 4: EMERGENCY MEDICAL AUTHORIZATION

4.1 CONSENT TO EMERGENCY TREATMENT

In the event of an emergency where I am unable to give consent, I authorize the Operator to:

  • Seek emergency medical treatment on my behalf
  • Transport me to a medical facility
  • Share my medical information with healthcare providers

4.2 MEDICAL COSTS

I understand that I am responsible for all costs associated with emergency medical treatment, transportation, and evacuation.

SECTION 5: MEDIA RELEASE

I grant permission for the Operator to use photographs, video recordings, or other media taken during my participation for promotional and marketing purposes, unless I have indicated otherwise in writing.

SECTION 6: GENERAL PROVISIONS

6.1 ENTIRE AGREEMENT

This Waiver constitutes the entire agreement between the parties regarding assumption of risk and release of liability.

6.2 SEVERABILITY

If any provision of this Waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect.

6.3 GOVERNING LAW

This Waiver shall be governed by applicable local laws.

6.4 BINDING EFFECT

This Waiver is binding upon me, my heirs, executors, administrators, and assigns.

SECTION 7: ACKNOWLEDGMENT

By signing below, I acknowledge that:

  • I have read and fully understand this Waiver
  • I am at least 18 years of age (or have parental/guardian consent)
  • I am signing this Waiver voluntarily and of my own free will
  • I understand that I am giving up substantial legal rights
  • I agree to be bound by all terms and conditions stated herein

Effective Date: April 25, 2026

This waiver must be signed by all participants before the activity begins.