Disclaimer
Effective date: October 2, 2020
This Disclaimer is an integral part of the Spotsmap.com Terms of Service (hereinafter referred to as the Terms). When applying this Policy, the definitions provided for, including, but not exclusively, section 1 of the Terms are used.
1. To be able to receive the Services provided by the School, the Student must agree to this Policy. Acceptance of this Disclaimer means a statement of release from obligations and responsibility, as well as a waiver of rights for the Student, which will be valid between the Student and the School from the date of Booking the Services and ending with the completion of their actual provision / provision.
2. By expressing your consent to this Disclaimer, you confirm that you have reached the age of 18. f you are a minor, an adult legal representative must speak on your behalf before the School and Spotsmap.com, who by his statement confirms and agrees that he/she has read this Disclaimer, which will apply to you, and that such an adult legal representative takes sole responsibility for supervision over you throughout the entire period of rendering the Services to him/her. Further in the text, the term "you", used in any form and case, will include both the adult Student and the legal representative of the minor Student.
3. You understand and acknowledge that the process of providing the Services to which you are joining can be hazardous and may carry the risk of injury or illness, including nausea, physical injury, property damage, disability, permanent paralysis and death.
4. To the maximum extent permissible under applicable law, you knowingly, voluntarily and freely assume all risks, known and unknown, of participating in the provision of the Services, even if these risks arise from the negligence or negligence of the School, its representatives or others persons, or malfunctions in equipment, premises or facilities used during the provision of the Services, or otherwise, and you take full responsibility for participating in the provision of the Services.
5. You acknowledge and agree that:
5.1. You have reasonably assessed the risks associated with participation in the provision of the Services, are aware of all the details, and made a voluntary decision to participate.
5.2. You are solely and not the Schools responsible for determining your physical fitness to participate in the Services and your ability to fully understand any instructions and warnings.
5.3. You will not be able to participate in the provision of the Services if you have a physical, medical or mental disability, or when you are sufficiently aware of any factors that may limit or hinder the safe provision of the Services to you.
5.4. You will act in a reasonable and responsible manner and comply with any generally accepted and communicated terms, conditions, orders and / or precautions to provide you with the Services. If you notice any danger that exceeds the normal level of danger given the extreme nature of the Services provided, you will immediately cease to participate in the provision of the Services.
6. You undertake the obligation to acquire the insurance necessary for practicing extreme sports (conclude an insurance contract valid at the time of the provision of the Services), covering, inter alia, the risks of injury, disability, death, or in another volume, if provided by law and (or) the visa requirements of the country in which the Services are provided. In the absence of such insurance, the instructor of the School has the right to prevent you from providing with the Services. In this case, any funds paid by you as an advance for the provision of the Services are not subject to return, refund or offset, unless otherwise provided by your agreement with the School.
7. You also undertake to adhere to the following extreme sports rules in the provision of the Services (in turn, Schools undertake to ensure that such rules can be followed):
7.1. Take into account the weather conditions;
7.2. Use the complete set of equipment necessary for your chosen extreme sport, and especially reliable protective equipment;
7.3. Choose programs according to your strength. Within extreme sports, there are programs of varying complexity, designed for beginners, amateurs and professionals, respectively;
7.4. You must be in good shape. Before starting to engage in extreme sports, take at least a few weeks in order to tidy up your sports shape, if there is a need, it may also be necessary to have a doctor's permission to practice this kind of sport, not to be tired;
7.5. Doing extreme sports in an organized group and under the guidance of an instructor, obey the instructor's requirements, do not ignore the safety instructions and instructor's requirements. The instructor knows more than you, and ignoring his requirements can create problems not only for you personally, but for the whole group;
7.6. If you are going to engage in a certain kind of extreme sports during a tourist trip, try to master its basics in advance in the area where you live;
7.7. When engaging in extreme sports, you should correctly assess your physical and technical fitness and not make maneuvers that exceed your capabilities.
7.8. Due to the need for increased concentration, it is strictly forbidden to engage in extreme sports after consuming alcohol, drugs or any toxic substances;
7.9. If you become a witness or participant in an accident, to the best of your ability, provide the victim with first aid and urgently call rescuers for help. Both the participants of any incidents and the witnesses have no right to hide their identity, and are obliged to indicate their data on demand.
8. To the fullest extent permissible under applicable law, you discharge from obligations and promise not to sue the Schools for any claim, cause of action, loss (economic and non-economic), damage, expense, cost, or liability of any kind, in one way or another related to the Services provided to you, whether on the basis of a guarantee, contract, tort (including negligence), liability for damage caused as a result of defects in goods, work or services, or based on another legal basis.
9. If you are a California resident, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: WAIVER OF PRESENT AND FUTURE CLAIMS DOES NOT APPLY TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECTS OF THE EXISTENCE OF SUCH IN HIS / HER FAVOR AT THE TIME OF SIGNING THE RELEASE FROM OBLIGATIONS, THE TERMS OF WHICH ARE KNOWN TO HIM / HER, SHOULD SIGNIFICANTLY CONTRIBUTE TO THE SETTLEMENT OF RELATIONS WITH THE DEBTOR. You understand and agree that further claims or facts may be discovered that differ from those already known or existing in your opinion.
10. You acknowledge that by expressing your consent to this Disclaimer, you have completely and unconditionally released other persons from liability to the maximum extent permitted by law. You agree that if any part of this disclaimer and exemption from liability provided for in this Disclaimer is held invalid, then, regardless of this, the remaining part will remain in full force and effect.
11. To the fullest extent permitted by law, Schools provide the Services “as is,” without warranty of any kind, either express or implied. Without limiting the foregoing and to the maximum extent to which it is permitted by law, Schools expressly disclaim any guarantees of safety (except in cases of knowingly inappropriate provision of the Services), fitness for a particular purpose, peaceful exercise of the right and in relation to the compliance of orders and the warnings provided to you.
12. YOU ACKNOWLEDGE THAT YOU HAVE READ THE DISCLAIMERS SET FORTH HEREIN AND ACCEPT THE RISK, DISCLAIMER, DISCLAIMER AND AGREEMENT CONTAINED THEREIN. You also understand that you have waived your rights by agreeing to this provision and you have done so freely, voluntarily and willfully.