Welcome to Wyndham Garden Wailoaloa Beach Fiji. To ensure we deliver highly personalized service and a wonderful holiday experience for you, we would appreciate if you could take a few minutes to fill out the form below:
Take a photo of your passport’s bio-data page and upload it with this form.
I confirm that all information I have provided is true, complete, and accurate. I understand that providing false or incomplete information is a criminal offence under Section 6(2) of the Hotels and Guest Houses Act (Cap. 195), 1973, Fiji.
You must read this document (hereinafter the “Liability Waiver”) fully and carefully, as it affects your legal rights. Agreeing to the terms of this Liability Waiver is a condition for accessing and using all Activities (defined below) at Wyndham Garden Wailoaloa Beach Fiji (the “Resort”). Signing this Liability Waiver signifies that:
You have read this waiver in its entirety and agree with all its terms.
You understand the risks involved in the Activities (defined below).
You acknowledge that you are signing it freely and voluntarily.
In consideration of my participation in the Activities (defined below) and intending to be legally bound hereby, I agree as follows:
In this Release Agreement, the term “the Activities” means all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the Releasees, including but not limited to: whitewater rafting, still water rafting, kayaking, stand-up paddle boarding, swimming, hiking, rental of rafts and kayaks (hereinafter “the boats”) and other equipment; orientation and instructional courses, seminars, and sessions; and all travel, transport, meals, accommodation, and other such activities, events, and services connected with or related to the Activities.
By signing this Liability Waiver, I acknowledge that my participation in swimming, sporting, traveling, outdoor pool, and recreational activities, and in general any and all activities that take place at Wyndham Garden Wailoaloa Beach Fiji involving the use of the Facilities (defined below), premises, and/or Equipment (defined below) (collectively, the “Activities”) is inherently dangerous. I fully understand the risks and dangers associated with my participation in the Activities and use of the Facilities.
These risks and dangers include, but are not limited to:
Physical injury and/or death
Drowning or losing consciousness while participating in the Activities
Minor injuries such as scratches, bruises, and sprains
Major injuries such as joint and back injuries, broken bones, dislocated shoulders, heart attacks, concussions, and dehydration
Catastrophic injuries such as brain injury or paralysis
Risks caused by terrain, facilities, temperature, weather, health conditions of participants, use of equipment, vehicular use and travel to/from an event, and the actions of other people including patrons, employees, agents, volunteers, event officials, monitors, and event producers
I will inspect all equipment offered for use by the Resort and will exercise due care with such equipment (the “Equipment”). I will ask questions to Wyndham Garden Wailoaloa Beach Fiji representatives and/or employees if I do not fully understand how to use either the Equipment or the Facilities used by the Resort in connection with the Activities (the “Facilities”).
I, on behalf of myself, my spouse, my children, my heirs, administrators, and assigns, hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against Wyndham Garden Wailoaloa Beach Fiji, Cove Management PTE LTD, or any of their owners, officers, directors, employees, servants, successors, or agents (collectively, the “Released Parties”) regarding any and all claims or causes of action, known or unknown, arising from my participation in the Activities (including the use of Equipment and Facilities), including:
(i) Claims for loss, damage, injury, illness, death, medical or other expenses, and/or property damage suffered by me or any other party for any reason whatsoever; and(ii) Claims of negligence, breach of warranty, and/or breach of contract.
I, on behalf of myself, my spouse, my children, my heirs, administrators, and assigns, hereby agree to hold harmless and indemnify all the Released Parties from any and all liability, cost, expense, or damage of any kind, including legal fees and expenses, arising out of or related to my participation in the Activities (including the use of Equipment and Facilities).
I, on behalf of myself, my spouse, my children, my heirs, administrators, and assigns, freely accept and fully assume responsibility for all dangers and risks related to my participation in the Activities (including use of the Equipment and Facilities), including the possibility of personal injury, death, property damage, or loss. I understand that the risks listed above are not exhaustive and that participation involves additional risks, including limited medical access, mental distress, and negligence of others.
I also understand that Resort representatives may misjudge my abilities, health condition, weather, terrain, or route selection, and I acknowledge and accept these risks.
I RECOGNIZE THE RISKS AND DANGERS AND, ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY HEIRS, ADMINISTRATORS AND ASSIGNS, UNDERSTAND THE NATURE OF THE ACTIVITIES AND VOLUNTARILY CHOOSE TO PARTICIPATE IN THEM AND EXPRESSLY ASSUME ALL RISKS AND DANGERS, WHETHER OR NOT DESCRIBED IN THIS LIABILITY WAIVER.
In the event of any injury, illness, or medical condition occurring during my participation in the Activities, including the use of Equipment or Facilities, I authorize emergency first aid, medication, or medical treatment deemed necessary by attending personnel or Resort representatives. I acknowledge that such individuals may have limited training or experience and that the Facilities may be located far from medical centers. I waive any claim arising from such treatment and agree to pay all associated costs, including transportation.
This Liability Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, and assigns.
I understand that participation in trip activities could involve the risk of physical injury, illness, death, or property loss, and that Wyndham Garden Wailoaloa Beach Fiji cannot guarantee safety. The Resort does not provide health or accident insurance for participants. I am responsible for all medical expenses, property loss, or personal costs.
I consent to emergency medical treatment if I am unable to provide consent, and I accept financial responsibility for such treatment.
If I drive my own vehicle or travel in another private vehicle, I understand that Wyndham Garden Wailoaloa Beach Fiji provides no insurance coverage for such transportation and is not responsible for its safety or reliability.
I therefore release, indemnify, and hold harmless Wyndham Garden Wailoaloa Beach Fiji, its staff, trustees, officers, volunteers, and agents from all risks and claims related to the trip or associated activities.
I understand and acknowledge that I must follow all rules and conditions governing participation in the Activities and comply with all lawful instructions from Resort staff and management.
If I observe any unusual hazard during my participation, I will immediately remove myself from the hazard and notify staff. If I have doubts about safety, I will not participate and will leave the area of danger.
As a condition for a minor child’s participation, I enter into this Liability Waiver on behalf of the child identified below. No individual under the age of 16 is permitted in the Water Park without supervision by a parent, guardian, or adult. If the undersigned is under 18, this Liability Waiver must be executed by a parent or guardian.
This Liability Waiver shall be governed in all respects by the laws of the Fijian Government. “Including” means “including without limitation.” Unless otherwise indicated:(i) “or” shall be read as “and/or,”(ii) singular includes plural and vice versa, and(iii) references to one gender include all genders.
