Terms | Cairn Tours

CAIRN TOURS

Acknowledgment and Assumption of Risks, Release of Liability and Indemnity Agreement

Please read carefully. This affects your legal rights.

I hereby waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Cairn Tours, its officers, agents, representatives, employees or tour guides for any personal injury, death, property damage, or loss sustained by me as a result of my participation in the tour due to any cause whatsoever, including without limitation, negligence on the part of Cairn Tours, its staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic.

I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.

I acknowledge that I can fully participate in this activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein and I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity.

I am aware that the tour, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed tour and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of tour is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.

I agree that if I suffer injury or illness Cairn Tours or its staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. I understand that Cairn Tours will not be responsible for any medical costs associated with an injury I may sustain.

I also understand that I am responsible for any damage I cause to the employees. Further, I agree at all times during the tour, to abide by and comply with any additional instructions given by my tour guide or any other Cairn Tours staff and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the tour. As a participant on the tour, I accept full responsibility for my behavior, well-being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel.

I agree to hold neither Cairn Tours, nor its staff liable in any way should any harm come to me. I acknowledge and understand the dangers associated with the consumption of alcohol, agree that I am solely responsible for removing myself from participation in the tour if at any time I feel unable to complete or participate in the activity.

I further hereby agree to indemnify and hold harmless the releases from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due to my participation in said activity, or not, whether caused by negligence of Cairn Tours or otherwise. In agreeing to this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Cairn Tours or its staff or any other inducement or coercion to go on the tour.

I confirm that, by my own free will, I have read and understood the Terms and Conditions of this tour and Wavier and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors. I agree to grant the sponsors of this tour to a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes.

By purchasing the tour, I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.

Cairn Tours reserves the right to cancel any individuals’ participation in a tour, or any part thereof.
There will be no refunds for any absence from the tour once it commences, that is for such things as missed golf, sightseeing or any other activities in the tour.
Cairn Tours is not responsible for personal injury, accident, or illness; or for loss, damage or theft of personal belongings.
Insurance - We strongly advise that each person take out adequate travel insurance at the time of booking. This is essential to cover fees lost in the event of cancellation as well as medical care and baggage protection. For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance.

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CAIRN TOURS

Golf Club Rentals Agreement and Damage Waiver

Cairn Tours (“we,” “our,” or “Cairn Tours”) hereby agrees rent golf clubs or other golfing equipment to you in accordance with these Rental Guidelines.

Rental Equipment/ Damage – Your Responsibility: You hereby understand that while the golf equipment is in your possession, YOU ARE SOLELY RESPONSIBLE FOR THE EQUIPMENT RENTED TO YOU. You are to use the golf equipment for its intended recreational use only and not for any other reason. You shall not remove, alter, disfigure or cover up any numbering, lettering, bar code or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage. You must return the equipment to us in the same condition as delivered, ordinary wear and tear resulting from proper use thereof alone expected. YOU AGREE TO NOT USE ANY OF THESE CLUBS TO HIT OUT OF NON-PLAYING AREAS OR TERRAIN.
Damage to Clubs: The customer renting golf clubs from CAIRN TOURS agrees to pay for any damage to the clubs they are renting that is not considered normal wear and tear. Normal wear and tear to the clubs includes (but is not exclusive to) scratches on the bottom of the club head, tee marks on the club head, and grip wear. Clubs will be inspected by a CAIRN TOURS representative prior to the rental pick-up. The customer is advised to inspect the clubs and mention any discrepancies to the CAIRN TOURS representative before taking the clubs so customers are not charged for loss or damage they have not incurred. Upon return of the clubs the customer is responsible for reporting any loss or damage to the clubs. Failure to report loss or damage to the clubs will result in a charge equivalent to the replacement or pre-rental condition repair cost. The amount charged will be at the discretion of CAIRN TOURS. Customer will not be charged for damages due to factory defects. All clubs suspected of having factory defects will be inspected by CAIRN TOURS personnel prior to any charges assessed to customer.
Late, Lost or Stolen Clubs: All rental clubs are to be returned by the date and time of the agreement. If a customer has reported clubs lost, stolen or lost due to fire the customer will be responsible for payment to CAIRN TOURS for the full replacement value of the clubs. If lost or stolen clubs are returned to CAIRN TOURS within two weeks of the reported loss the customer will be refunded the money charged to them by CAIRN TOURS minus any charges for damaged or lost clubs if applicable. 
Assumption of Risks: Use and control of golf equipment carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, from one location to another, from one individual to another. I understand and agree that it is my responsibility to assess the hazards presented by my use of said Clubs and further agree that I am the ultimate judge as to whether I can use the Clubs without risk of harm to myself and others.
Indemnification and Hold Harmless: I also agree to defend, indemnify, and hold harmless the Owner, its members, employees, and agents from and against any and all claims, demands, actions, or causes of actions for costs, attorney’s fees, expenses, or damages to personal property, or personal injury, or death, which may result from any use of the Clubs.
Users: I understand and agree that only users that sign this agreement shall be allowed to use the Clubs.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue the Owner, its members, employees, and agents. I also understand that this agreement binds by heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators and assigns, as well as myself. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby assert that my use of said Clubs is voluntary and that I knowingly assume all such risks incident to using said Clubs.
Furthermore, I represent that I am familiar with operation and use of such Clubs, that I have read the rules and regulations contained herein, and that I am capable of operating in accordance with said rules and regulations.