Statement of Understanding Assumption of Risk

WAIVER OF RIGHTS – ALL ACTIVITIES

I, signed here under, have been informed and understand that: DIVING, SURFING, KITE SURFING, FISHING, JET-SKI, SPEARFISHING, HORSE RIDING, TREKKING, CYCLING or any other activity as I may choose to participate in at or around NIHI Sumba (“Activities”) can be hazardous activities and that PT. Indonesia Adventure Sports and NIHI SUMBA Resort and their affiliates, officers, directors and employees, cannot, under any circumstances, be held responsible for any accidents or injuries that may occur related to any such Activities.

I fully understand and am aware of the following warnings:

1. Please note that any form of surfing and kite surfing at or around NIHI Sumba can be dangerous and that these activities are undertaken at your own risk. Please be aware that although we do have minor first aid facilities available, NIHI Sumba is not equipped for major medical emergencies that may be required from injuries incurred whilst participating in any form of surfing.
2. Please note that diving activities can only be done with the presence of a Dive Master. A diving certificate should be provided before doing any open sea diving and you will be required to sign a disclaimer form from PADI. PADI provides the diving equipment, and the usage thereof is strictly under their dive master’s supervision.
3. Please be aware that fishing and spearfishing in the seas surrounding NIHI Sumba can be hazardous at times. Wind and swells can appear without warning and can cause difficulties while boating or swimming. Although we keep our vessels well serviced & seaworthy, you should be aware that mechanical breakdowns are possible.
4. In relation to the usage of any Jet-Ski which is made available by the resort (“Jet-Ski Activities”):
   • A personal floatation vest must be worn at all times by all participants when undertaking Jet-Ski Activities.
   • You must always stay within line of sight of the staff of NIHI Sumba responsible for the relevant location of Jet-Ski Activities.
   • A NIHI Sumba VHF radio must be on board at all times (we operate on Channel 16).
   • You must be over 21 to take part in Jet Ski Activities – if you are under 21 you must have a signed permission from your legal guardian to go on the back of the jet-ski.
   • You must undertake a briefing from the waterman before taking part in Jet-Ski Activities.
   • You must stay well clear of all waves, and the safety kill switch lanyard must be worn at all times.
   • You must always stay well away from the shore line, reef, in-shore rocks, buoys, boats, rope, animals, people, surfers, and other jet-skis.
   • You have full accountability for any damage done to the jet-ski whilst it is under your control, including for all costs associated with any damage or loss.
   • Taking part in the Jet-Ski Activities is at your own risk
5. Please note that our horses are not western trained and respond to local disciplines and therefore may be difficult to control. A guide is available to lead your horse. We recommend this unless you are trained and/or an experienced rider. NIHI Sumba provides helmets, and riding boots and we recommend that you wear long, sturdy pants and closed shoes for any riding activities.
6. Please note that there are no formal trails used in our trekking and / or cycling expeditions. The terrain can be challenging and it is possible to injure yourself.

On the basis of aforementioned statements, by signing below I acknowledge my full understanding of

• (i) the entire contents of this form,
• (ii) the facilities provided by NIHI Sumba / PT Indonesia Adventure Sports for all the Activities, and
• (iii) all risks which may arise from and/or in connection with my involvement in any of the Activities and I realize that
  • a) I am hereby waiving any legal rights I may otherwise have against, and
  • b) that no liability or responsibility is accepted by, NIHI Sumba / PT Indonesia Adventure Sports, their parent companies, affiliates, subsidiaries, officers, directors and employees for any type of injury damage or loss whatsoever, including but not limited to physical bodily harm, illness, damage, loss, accident, expense, the possibility of lost income, of career opportunities, enjoyment of life or any other claim arising from or in connection with my involvement in any of the Activities, including those suffered by third party(ies) arising from or in connection with my involvement in any of the Activities, and I agree to fully indemnify and hold harmless NIHI Sumba / PT Indonesia Adventure Sports, their parent companies, affiliates, subsidiaries, officers, directors and employees for any claim from such third party(ies).

Furthermore, I acknowledge that I am not under guardianship and in a general good state of health especially considering the physical and mental demands presented by the Activities, and acknowledge that I have healthcare coverage or other financial means that will cover treatment for any injuries sustained while participating in any of the Activities. By signing this form, I acknowledge that any waiver of recovery and liability does not only pertain to myself, but also extends to my heirs, legal representatives, etc.

Lastly, I acknowledge that I am responsible for any damages caused to any equipment that I rent in affiliation with any of my chosen Activities including but not limited to surfing equipment and / or jet skis. Should damages be incurred to any of these rented articles of equipment, I shall bear the fiscal responsibility to NIHI Sumba / PT Indonesia Adventure Sports for any necessary repairs or replacements.

By signing this form, I acknowledge and confirm that all of my traveling companion(s) listed below fully understand and agree freely to be bound by the terms of this Statement of Understanding – Assumption of Risk / Waiver of Rights.

This form is governed by and to be interpreted under the laws of Indonesia, and all disputes or claims arising from this form will be resolved at the District Court of West Sumba.

I acknowledge that I have read this form, fully understand it and agree freely to be bound by its terms, and am not otherwise relying on any information that was communicated to me orally or in writing by any other party.