ACTIVITIES & RISKS:
I understand that Jashpure expeditions/tours primarily live, camp and travel out of doors, but may also include indoor sessions. Activities vary from trip to trip and can include, but are not limited to, camping, hiking, and backpacking through mountainous and other terrain; mountaineering and climbing on rock cliffs, steep snow, ice or glaciers. I further understand and acknowledge that the activities of the trip/expedition have risks, some of which are inherent. Inherent risks are those which cannot be eliminated without destroying the unique character of the activities. The same elements that contribute to the unique character of these activities and promote our objectives can cause loss or damage to equipment, accidental injury, illness, or, in extreme cases, permanent trauma, disability or death. The following describes some, but not all, of the inherent risks of Jashpure Tours/Expedition:
- Jashpure Trips may be strenuous, physically and emotionally.
- Jashpure Trips usually occur in remote places. They occur on lands open to the public and exposed to the acts of persons not associated with Jashpure and who may pose risks. The remote locations may be many days from medical facilities. Communication and transportation are difficult and evacuations and medical care may be significantly delayed.
- Physical activities include, but are not limited too, walking, hiking, backpacking, including crossing rivers on foot; climbing cliffs, steep slopes, and trees; repetitive lifting, and use of hand tools. At times Participants will be in close physical proximity to one another or instructors/Guide. Certain activities will require travel by vehicle, on foot and by other means, over improved and unimproved roads, rugged trails and off-trail terrain, including boulder fields, downed timber, rivers, high mountain passes, snow and ice, steep slopes, slippery or loose rocks, steep or crevassed glaciers. Travel risks include collision, falling, capsizing, becoming lost, and other risks usually associated with such travel, and environmental risks.
- Environmental risks and hazards include, but are not limited to, flowing, harmful insects, snakes, predators, and large animals; falling and rolling rock; lightning, avalanches, flash floods, falling timber; weather which may change to extreme conditions quickly or unexpectedly; and other forces of nature such as, but not limited to, earthquakes, landslides, tsunamis, and wildfire.
- Participants with food allergies or sensitivities may come in contact with offending food types.
- Injuries may include, but are not limited to, burns, cuts, skin infections, sprains, strains, fractures frostbite, immersion foot, sunburn, drowning, and other injuries from slips, falls, lifting and exposure to the environment. Illnesses may include, but are not limited to, allergic reactions, hypothermia, high altitude illnesses, heatstroke, dehydration, communicable and other infectious diseases from insects, animals, or people such as diarrhoea, flu-like or respiratory illness, and other debilitating or life-threatening conditions including COVID-19 and other diseases caused by coronaviruses.
- Equipment may fail or malfunction.
- Decisions made by the instructors/ Guides, other staff (including volunteers), contractors and participant will be based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to errors in judgment. Misjudgments may pertain to, among other things, a Participant’s capabilities, environment, terrain, water and weather conditions, natural hazards, travel routes, and medical conditions.
- Jashpure is not responsible for participant, including minors, before and after their trip (per stated beginning and ending dates and times or for early departure due to evacuation, expulsion, or separation). Jashpure has no responsibility for participant during the free time and participant accept the risks that arise from this unsupervised free time. Jashpure staff may from time to time provide assistance or even accompany Participants in these free time activities, but in doing so, they are acting as private individuals, and Jashpure is not responsible for their conduct.
- During the trip, between the stated start and end dates and times, except during free time, participants are considered to be “part” in their Jashpure trip. Participation includes, but is not limited to, involvement with activities, time spent at rest and while sleeping, and during session. However, Jashpure cannot continually monitor the behaviour and activities of Participants and Participants must accept responsibility for themselves and others and accept the risks, whether or not under the direct supervision of Jashpure staff.
- Jashpure trips in all states may be exposed to laws, legal systems, customs and behaviours, and to animals, diseases, and infections, not common to participant’s Home States. In
- addition, these trips may be subject to dangerous road travel, political unrest, riots, demonstrations, banditry, terrorism, and other criminal conduct, including drug related activities.
- I have read and understand the general information about Jashpure and its trips on the Jashpure website which includes, but is not limited to, Jashpure Admission Policies, Risk Management at Jashpure. Positive impact on the Environment, trips’s Goals and Objectives, the trip’s description. I agree to the terms and policies stated in all the above-mentioned materials. The staff of Jashpure has been available to more fully explain the nature and physical demands of the activities in which I (or the minor Participant) will be engaged, and certain inherent and other risks of my Jashpure activity.
ACKNOWLEDGMENT AND ASSUMPTION OF INHERENT AND OTHER RISKS :
I acknowledge and assume the inherent risks described above and all other inherent risks of my (or the minor Participant’s) Jashpure Trip as well as any other risks of enrolling, participating in, or being present on a trip or during free time.
AGREEMENTS OF RELEASE AND INDEMNITY :
I hereby forever release, hold harmless and agree not to sue Jashpure, its any staff, trustees, agents, and team member including employees, volunteers and interns (“Released Parties”), with respect to any and all claims of loss or damage to person or property by reason of injury, disability, death, or otherwise, suffered by me (or by a minor Participant for whom I sign), arising in whole or part from my (or the minor Participant’s) enrolment, participation, or presence on a Jashpure trip. I agree further to indemnify (“indemnify” meaning to defend, and to pay or reimburse, including costs and attorney’s fees) Released Parties against any claim
by a member of my (or the minor Participant’s) family, a rescuer, another Participant, or any other person, arising in whole or part from an injury or other loss suffered by or caused by me (or by the minor Participant), in connection with my (or the minor Participant’s) enrolment, participation in, or presence on a Jashpure Trip. This release and indemnity includes any and all claims arising before or after the trip or during any free time. These agreements of Release and Indemnity are intended to be enforced to the fullest extent permitted by law and include claims of negligence, but not claims of gross negligence or intentionally wrongful conduct.
OTHER PROVISIONS :
Jashpure is authorised to obtain or provide emergency evacuation, hospitalisation, surgical or other medical care for me (or for the minor Participant). I understand that situations may arise in which third-party medical care is not available and which require Jashpure staff to provide first aid and possibly more advanced procedures, employing wilderness first responder training. Costs associated with medical services, including evacuation, shall be borne by me. I understand that Jashpure will gather participant feedback for trip/service improvement.
Jashpure may from time to time use the services of private contractors for certain tasks. Jashpure is not responsible for the acts or omissions of such contractors. I agree to be responsible for any damage I (or the minor Participant) may cause to Jashpure gear. Jashpure is not responsible for loss, theft or damage to a Participant’s personal belongings provided by Jashpure .
If during my Jashpure Trip I voluntarily withdraw or am expelled, Jashpure reserves the right to notify a parent, guardian, or emergency contact person.
Any dispute between me (or the minor Participant) and Jashpure will be governed by the substantive laws (not including the laws which might apply the laws of another jurisdiction) of the City of Jashpur, Chattisgarh and I consent to jurisdiction in Jashpur, Chattisgarh. Any mediation or suit shall occur or be filed only in the City of Jashpur, Chhattisgarh.
If any part of this agreement is found by a court or other appropriate authority to be invalid, the remainder of the agreement nevertheless will be in full force and effect.
The Participant and the parent(s) or guardian of a minor Participant have read all these pages and of this document and understand and voluntarily agree to its terms, which shall be binding upon them, their heirs, estate, executors, and administrators. Any modifications of this agreement must be approved by Jashpure in writing.
