Liability Waiver
responsibility and informed consent
Participation in the experiences offered by Venice Water Bike
is subject to reading, understanding and signing this
liability waiver before the activity begins.
CONSCIOUS
the criminal consequences he may face in the event of false declarations,
under his own responsibility;
DULY INFORMED,
ACKNOWLEDGES, ACKNOWLEDGES AND ACCEPTS THAT
the activity for which this release is issued consists of the use of human-powered pedal boats in an aquatic environment (hereinafter referred to as "the Activity");
your participation in the Activity is voluntary; the activity carried out is recreational, amateur and non-competitive, therefore it does not constitute a professional activity, sports competition or sports performance organized for competitive purposes;
it is one's obligation and interest to behave responsibly with common sense and scrupulously follow the instructions provided by the accompanying persons;
the route is not necessarily marked or manned by representatives or persons in charge of Venice Water Bike S.r.l.;
each participant travels at his own risk and is considered to be on a free personal excursion, without any further or pre-eminent right over other sailors;
there is no obligation for Venice Water Bike S.r.l. to supervise the route crossed during the outings;
participation in the Activity involves inherent risks and dangers, foreseeable and unforeseeable; The risks may derive, by way of example, from: water conditions, weather conditions, natural instability of the vehicle, capsizing during embarkation, navigation or disembarkation, also related to hypothermia, infections or drowning, from natural forces, from water traffic, from interactions with other boats or structures, as well as from one's own negligence or that of third parties.
There is no dedicated medical staff along the route. (unfair clause) In case of need, Venice Water Bike S.r.l., also through its staff, collaborators or appointees, will activate medical assistance (118) and/or the national authority responsible for search and rescue operations (Coast Guard) with any costs to be borne by the Participant
DECLARES
to have carefully read the Venice Water Bile Regulations and to have received complete, clear and understandable information in advance on how to carry out the activity, on the safety rules, on the characteristics of the vehicle used and on the conduct to be adopted during the experience, as well as to have fully understood this information and to have been able to request any clarifications;
to be currently in excellent physical condition and to have no apparent contraindications and such as to allow this excursion to be carried out in total safety as far as one's body is concerned;
to comply with the PHYSICAL FITNESS REQUIREMENTS FOR PARTICIPATION as better described in the appropriate section and to be able to swim independently and without aids of any kind for a stretch of not less than 20 m.;
to have read and become aware of the itinerary of the route, the program of the initiative, and to be aware that the weather conditions may vary during the performance of the activity (sun, wind, rain, wind, wild animals);
to have received (life jacket) and to be equipped with suitable hiking equipment, suitable for the aquatic environment and the current season;
to be perfectly aware of the rules of the Navigation Code, undertaking to comply with them without exception and assuming all consequent responsibility in the event of violation of the same
to understand and accept that participation in the activity and the use of the equipment may cause injuries or health conditions, even serious, including, but not limited to, injuries, illnesses, strains, fractures, temporary or permanent disabilities, partial or total paralysis, up to the most serious events, including death, to the maximum extent permitted by law.
to participate in the Activity under their sole responsibility as regards the assessment of their psycho-physical fitness, without prejudice to the obligation to communicate in advance any medical condition, pathology, physical limitation, ongoing therapy or other circumstance potentially relevant to their own safety or that of others, voluntarily and freely assuming these risks and the responsibilities deriving from them.
to authorize the free use of their image, possibly taken during the event, for documentary, promotional and informative purposes of the organization, on any means (website, social media, press, etc.).
UNDERTAKES
to follow and comply with the instructions given by the accompanying persons and only by them;
not to distance themselves from the group or to take advantage or delay;
not to undertake alternative paths on their own initiative;
not to throw waste or abandon it in the water along the way;
to behave respectfully and correctly towards the other participants and towards those present along the route, as well as to scrupulously comply with the provisions below in the SAFETY: OBLIGATIONS AND PROHIBITIONS section
PHYSICAL FITNESS
AND PARTICIPATION REQUIREMENTS
The Participant declares to be physically intact and in good health, to be able to swim independently for at least 20 meters and to comply with the following physical requirements necessary to access the activity:
- Maximum height: 2 meters
- Minimum height: 1.40 meters
- Maximum weight: 110 kg
The Participant declares that he/she has no particular medical conditions or takes any medication that may compromise his/her safety or health during the experience.
The Participant must be at least 18 years old. In the event of participation of minors, they – provided they are at least 16 years old – must be accompanied by a parent or legal guardian who, by signing this release, assumes all liability, both civil and criminal, provided for by law.
SECURITY:
OBLIGATIONS AND PROHIBITIONS
Participation in the activity is absolutely forbidden, for safety reasons, to:
- people under the influence of alcohol or drugs;
- pregnant women (in any month);
- people suffering from significant heart or respiratory diseases or other conditions incompatible with activity.
It is the Participant's obligation to report any pre-existing medical conditions that are incompatible with physical exertion.
It is the Participant's obligation to wear a personal flotation device for the duration of the activity. Failure to comply with this obligation will result in immediate exclusion from the activity without the right to any refund.
VENICE WATER BIKE S.R.L. RELIEVES OF ANY RESPONSIBILITY
IN THE FOLLOWING TERMS
The Participant relieves Venice Water Bike S.r.l. of any and all liability in relation to injuries, damages, prejudices, losses, injuries or illnesses that he may incur during participation in the experience or that he himself may have caused to third parties, if they are the result of non-conforming, imprudent, negligent, imperious conduct or in any case not compliant with the indications received from the Venice Water Bike S.r.l. staff or prescribed by these Regulations.
The Participant is fully aware that Venice Water Bike S.r.l. does not assume any
obligation of custody, deposit, surveillance or surveillance in relation to the
Participant's personal property and therefore relieves Venice Water Bike S.r.l.
from any and all liability for theft, loss or damage to any personal object
suffered during participation in the experience or that he himself may have
caused to third parties. The transport, use and storage of personal belongings
during the experience are at the sole risk of the Participant.
Within the limits permitted by law, Venice Water Bike S.r.l. is not liable for
damages, prejudices, losses, injuries or prejudicial consequences suffered by
the Participant and deriving from intrinsic risks inherent in the water bike
experience, or from fortuitous circumstances, force majeure and acts of third
parties (e.g. other sailors).
It is understood that this waiver and exemption of liability towards Venice Water Bike S.r.l. also applies in the event that any private insurance of the participant does not recognize the indemnity, recognizes it only partially or denies coverage for any reason, remaining all risk and economic burden entirely borne by the Participant himself, without the possibility of recourse against Venice Water Bike S.r.l., except in cases of intent or gross negligence.
Venice Water Bike S.r.l. is not responsible for any damage that the Participants may cause to each other or that they may cause to third parties (including other bathers or sea users) during the Activity, except in cases of liability attributable to the Organizer pursuant to law.
The Participant is solely and exclusively responsible for damages caused to third parties, persons or things (including boats, infrastructures and the surrounding environment), when such damage derives from its negligent or imprudent behavior, undertaking to hold Venice Water Bike S.r.l., its staff and collaborators harmless from any request, claim, action, demand, cost or expense (including legal ones) that may be made by third parties or other participants and related insurances, to the extent that the same are caused by the fact attributable to the Participant. Any private insurance coverage of the Participant operates exclusively in the relations between the latter and the relevant insurer and cannot in any way extend the liability of Venice Water Bike S.r.l. beyond the cases provided for by law and by these Regulations.
The Participant undertakes to fully comply with these Regulations, the instructions given by the Staff, the rules of prudence and the rules applicable to navigation and safety; it is understood that any conduct that is non-compliant, imprudent, negligent, imperious or in any case does not comply with the instructions received will be attributable exclusively to the Participant who has carried it out.
LINGUISTIC NOTE
This disclaimer is drawn up in Italian. Any translations provided to the Participant are provided for informational purposes only. In the event of discrepancies, differences in interpretation or divergences in content, only this document in Italian is authoritative.
DOWNLOAD PDF
Download the complete disclaimer, read it carefully and fill it in before the experience.
PRIVACY POLICY (GDPR)
The data collected are processed only for contractual and security purposes (EU Reg. 2016/679). By signing this document, the Participant authorizes Venice Water Bike S.r.l. to process his/her data.
I declare that I have carefully read, understood and fully accepted this disclaimer, which is an indispensable condition for participation in the activity. I also declare that I have received, understood and accepted the necessary safety information, operating instructions and rules of conduct during the Activity, that I have received personal protective equipment and that I have been made aware of the need to participate in the safety briefing before the start of the Activity.
SPECIFIC APPROVAL
OF UNFAIR TERMS
Pursuant to art. 1341 and 1342 of the Italian Civil Code, I specifically approve the clauses referred to in points: 6, 7, 8, 14 and 15
(Conscious assumption of risks, and danger of injury and/or death, absence of medical personnel and costs of intervention), as well as 21 (obligations and prohibitions regarding safety) 22, 23, 24, 25, 26 and 27 (waiver of legal actions and recourse, exemption from liability for damage to property and/or persons).