WAIVER OF LIABILITY AND ASSUMPTION OF RISK AND RESPONSIBILITY
The purpose of this document is to ensure that you have been fully informed of all activities, safety, and risks, prior to giving consent for yourself, or your son or daughter under the age of 18 years to participate in Dragonfly’s outdoor education programs. This form should be read in its entirety, and signed.
Our vision at Dragonfly is to promote personal growth for positive change. We strive to create a safe, inclusive and innovative learning environment by using nature as our backdrop for lifelong learning.
Dragonfly Limited, its officers, directors, employees, agents, representatives (all of whom are referred to here as ‘Dragonfly’), take care to provide proper organization, instruction, equipment, and supplies for participation in activities organized by Dragonfly Limited.
Activities may include but are not limited to:
Low ropes course
High ropes course
Cultural arts and crafts
Camp craft- fire building, tent setting, camp cooking
Community service activities- teaching, painting, use of simple hand tools
All of the above are referred to herein as “Activity” or “Activities”.
Participants may be housed in dormitories, tents, or hotel rooms.
Check your course information for specific activities and details.
At Dragonfly, the safety and care of participants is our top priority. We understand that there are inherent risks in any experiential education, adventure, sport, and activity associated with the outdoors, and we continually assess and manage these risks. Participants are encouraged to take part in challenging or unfamiliar activities, and we prepare and instruct students so that they can manage the risks. Our safety procedures mitigate risk, and include:
Location and activity risk assessments which review safety related considerations including environmental, activity, participant, leader and equipment factors
Instruction lesson plans and guidelines that maintain an international standard for facilitation
Bi-annual and ongoing training for staff
Staff trained, qualified and experienced in outdoor education with certifications in first aid and outdoor sport instruction
Participant skill assessment and safety briefings prior to activities
Incident reporting system whereby incidents are documented and reviewed for further action
Staff assessment to maintain high standards
Pre-program preparedness meetings with organizers and participants
Contingency plans for weather and participant ability levels
We strive to find an inclusive and comfortable balance with our activities so that all participants are both challenged and safe. Some basic rules include:
Always listen and take note of Safety Briefings given by our staff at the start of each activity.
Always obey instructions from our staff in relation to participating in our activities.
Do not drink alcohol or smoke while on a program.
Do not bring or use illegal drugs.
Do not climb trees or rocks, go into water, jump from elevation, light fires, or remove safety equipment, without the express permission and supervision of instructors.
Do not push, bump, or fight with other participants.
Breach of these rules may mean that the participant is removed from the program.
D: SAFETY EQUIPMENT
Participants are required to wear and use activity specific sport and safety equipment. Helmets are used for a number of activities, including biking, canyoning, rock climbing and abseiling, and other activities as we deem fit. Harnesses are worn during rock climbing, abseiling and high ropes. Personal flotation devices (e.g. ‘life jackets’) are used when swimming, kayaking, raft building, and other water based sports. Other safety equipment may be used in certain activities. Participants should not remove sport and safety equipment without the permission of the instructor.
All equipment should not be misused in a manner that intentionally or accidentally harms someone else. Should a participant do so, they may be asked to leave the program and may be liable for damages.
E: ACKNOWLEDGEMENT OF RISKS
There are significant elements of risk and inherent danger, foreseeable and unforeseeable, in outdoor education, adventure, sport, and in general these types of activities. These risks may result in serious injury or death. This includes engaging in activities where there are dangers and perils from trips or falls, cold and hot weather, “acts of nature”, natural hazards, accidents resulting from travel to or from the activity, misuse of equipment by participant, varying wind, water, and weather conditions, vector exposure, and problems arising from a participant’s sense of balance or inability to follow directions, inadequate physical fitness and negligence on the part of other participants. A participant may be exposed to risks, dangers and hazards other than those listed here. Dragonfly instructors attempt to monitor all participants. Participants can lessen the inherent risk by carefully following the equipment list and following safety directions given by Dragonfly staff.
Some injuries that may occur include scrapes, cuts, lacerations, strained muscles, ligaments and joints, contusions, broken bones, and concussions. These and other injuries will vary in their severity depending on the circumstances and could possibly result in disabling injuries. Participants should be aware of such risks and commit to make every effort to prepare and participate in such a way as to limit risk of injury to themselves and others.
Insurance policies differ based on program location and point of origin.
1. Hong Kong Domestic - All participants on programs and activities in Hong Kong receive basic accidental medical coverage through ACE (up to HKD $20,000) and will be taken to public hospitals or clinics. Coverage includes benefits for accidental death, permanent disability and burns (HKD$500,000 for 18 years of age and above, $100,000 for under 18 years of age). Coverage includes third party liability but does not include personal liability coverage for participants. Groups and individuals arriving from overseas should consider travel insurance policies for more complete coverage.
2. Hong Kong International- For programs originating in Hong Kong taking place outside Hong Kong, participants are covered by Zurich Travelplus Silver Plan.
3. China Domestic- For programs originating and taking place in China, participants are covered by AXA Shanghai for accidental medical (RMB$50,000), accidental death, permanent disability and burns (RMB$300,000 for 18 years of age and above, $100,000 for under 18 years of age).
4. International Groups- For all other groups and individuals, we recommend you provide your own travel insurance policies as it will better provide for your insurance needs form departure to return.
*Some schools or organizers may choose to forego our coverage in favor of their own policy. Check with your organizer for further details.
*Should a participant start or finish a program independently of the group, they may not qualify for the above coverage.
G: PARTICIPANT PREPAREDNESS
Parents are responsible for sending their children with all prescribed medication, appropriate clothing and equipment. Read your pack list carefully and arrive at camp fully prepared. We strongly recommend having an appropriate backpack, appropriate shoes for dry and wet activities, provisions for heat (sun hat, sunscreen) and cool weather, and a water bottle minimum 1 liter in capacity. With the proper equipment and preparation, participants will substantially limit the risk of illness or injury.
H: PROGRAM AND ACTIVITY ALTERATIONS
Dragonfly may find it necessary to terminate an activity or program, whether due to forces of nature, medical necessities, problems in the group or other reasons that Dragonfly, in its discretion, deems prudent. Dragonfly may refuse or terminate the participation of any person Dragonfly, in its sole discretion, judges to be incapable of meeting the rigors or requirements of participating in the activity.
I. GOVERNING LAW
The laws of Hong Kong govern this agreement. In the event that Dragonfly is found to be negligent, we are bound by the laws of Hong Kong that state: “A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”
J. WAIVER AND RELEASE OF LIABILITY
This is a legally binding document. Do not sign unless you wish to be bound by its terms.
As a participant aged 18 or over, or the parent/guardian of a minor I have read, fully understood and am satisfied with the details supplied about the above mentioned activities, terms and conditions, and give consent without limitation whatsoever for myself, my son or daughter taking part in activities with Dragonfly.
1. Medical Authorization
I have completed the Medical Questionnaire and provided supporting information to the best of my ability and recognize that Dragonfly will rely upon this information for any treatment. I know of no medical reasons why I/my son or daughter should not participate. If there are any changes to my/my child’s medical status, it is my responsibility to notify Dragonfly. In the event of an emergency or need for medication, Dragonfly will attempt to contact the parent/guardian to inform them of the situation at the earliest possible opportunity.
I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I authorize Dragonfly first aid trained staff to administer non-prescription anti-histamines (moderate allergic reactions), analgesics (pain) and antipyretics (fever). I agree to hold Dragonfly harmless for any and all costs or liabilities so incurred.
2. Use of Participant Images
I agree to allow Dragonfly to use any and all images or testimonials taken of or provided by me, my son or daughter, during or after the course for Dragonfly marketing purposes. Dragonfly will not give or sell images to any outside agency or organization.
3. Assumption of Risk and Responsibility
I am aware that participation in the activities involves exposure to risks, dangers and hazards with the possibility of personal injury, death, property damage or loss.
In recognition of the various risks relating to the activities engaged in, both foreseeable and unforeseeable, I confirm that I/my child is physically and mentally capable of participating in all activities and/or using equipment.
My/my child’s participation is voluntary and I will assume all risks and full responsibility, on behalf of all parties including myself, my child, and my child’s heirs and assigns, for (a) any and all losses incurred as a direct or indirect result of personal injury, accidents, or illness, and (b) any and all damage to or loss of personal property arising out of, relating to, or in connection with any activity.
4. Waiver and Indemnity
In consideration for the opportunity of myself, my son or daughter to voluntarily participate in Dragonfly activities:
I hereby to the fullest extent lawfully permitted waive and release and indemnify Dragonfly and their employees, agents and volunteers of any and all claims however arising whether in contract or for personal injury, property damage, and any losses whatsoever that may arise as a result of my child’s participation.
I hereby certify that I am a competent adult assuming these risks of my own free will being under no compulsion or duress and having had opportunity to take independent legal advice.
I HAVE READ AND UNDERSTOOD THE WAIVER OF LIABILITY AND ASSUMPTION OF RISK AND RESPONSIBILITY AND AGREE TO ITS CONTENTS.