Risks are always present in every activity for a variety of purposes. And while participants are already aware of those risks and be a good sport about it, it’s still important to inform and make them accept those risks using an activity release of liability or waiver. 

The liability of waiver, or consent form, is a legally binding document put in place to protect the host. When the participant or their parent sign the document, they are stating that they fully acknowledge the risks involved, and therefore cannot file frivolous lawsuits in case of damages or injury.

 The liability of waiver is required for the below: 

• Fitness activities
• Participation in sporting events and races.
• Being filmed or photographed.
• Spas and massages.
• Adventure activities.
• Intense experiences (Haunted House, Escape Room, etc.)
• Special events
• School field trips

Lawsuits against hosts are predicated on negligence. Waivers will protect against ordinary negligence but are not rock-solid against gross negligence.

Ordinary negligence is defined as the ordinary actions that any thinking person would take to limit harm. 

Gross negligence is a wanton disregard for the safety of others. Unlike ordinary negligence, which can be prevented by taking simple actions, gross negligence is extreme carelessness.

The guest is required to agree to the disclaimer of the waiver statement before participating in some activities. Any experience subjected to such requirements; the disclaimer of the waiver statement form will appear before the payment process wherein guests can read the statement carefully before proceeding to the payment. 

The statement of disclaimer of waiver is as below: 

Experience name:  
Activities:  
Hosted by:   
Date:   
Time: 

I am fully aware of the inherent dangers and risks, to my person and property, associated with the experience activities that I am to participate in.

I understand that the activities involve certain risks for potential injury. And, that any personal protective equipment that will be provided may be inadequate to prevent serious injuries. I also understand that there are potential risks and dangers that I may not be currently aware of.

Nevertheless, I voluntarily elect to participate in the above experience with full knowledge and awareness of the danger and risk involved. I hereby agree to accept and assume any and all risks of property damage, personal injury, or death.

Ms. Ena Medhurst does not provide insurance to the participants of the said activity/s, and that anyone who wished to be covered should provide their own insurance. The host hereby waives any responsibility and liability to any damages and injuries resulting from this activity.

In consideration of being allowed to participate in the above-mentioned experience, I, the undersigned, and on behalf of my personal representatives, heirs, next of kin, successors and assigns, hereby forever.

• Waives, releases, and discharges Ms. Ena Medhurst, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors ( Herein “the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that the Sultanate law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur during the Activity or are related in any way to the Activity.
• Defend, indemnify, and hold harmless Ms. Ena Medhurst, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors against any and all claims, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.

I agree to abide by the activity’s rules and regulations, as well as all and any instructions, provided by Ms. Ena Medhurst, its staff, employees, and officers while participating in the above-mentioned experience.

I acknowledge that Ms. Ena Medhurst has no control over and assumes no responsibility for the actions of any independent parties while providing any services or acting as officers for the activity.

I understand that I may be photographed and filmed during the activity. To the fullest extent allowed by the law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Ms. Ena Medhurst and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

This agreement is governed by and shall be construed in accordance with the laws of the sultanate of oman.

I HAVE FULLY READ AND UNDERSTAND OF THE CONTENTS OF THIS AGREEMENT BEFORE AGREEING. AND, THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I ALSO UNDERSTAND THIS CONTRACT AFFECTS MY LEGAL RIGHTS AND HEREBY SIGN IT OF MY OWN FREE WILL.