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Document key: activity-waiver-v1 · Current version: 1.0.0 · Effective 2026-05-28

Activity Participant Waiver and Health Declaration

Document key: activity_waiver_v1 Version: 1.0.0 Effective date: 2026-05-28

DRAFT — pending legal review. This is the single highest-risk document in the Prayana legal set. Indian courts enforce waivers only for ordinary negligence; US-style "release of all claims" is unenforceable. Counsel must rewrite Sections 4–6 before this is used for any adventure or water-sports Service. Until then, the waiver should be treated as an informational acknowledgement of risk, not a release.

This Waiver applies in addition to the Booking Terms when you book an Activity that is flagged as risk-bearing in Prayana's safety configuration (adventure, water sports, wildlife, high-altitude, motorised sports, climbing, diving, etc.). The Platform displays this Waiver at checkout and requires you to tick a separate "I acknowledge and accept" checkbox before payment.

By accepting this Waiver you confirm that you have read it on behalf of yourself and every traveller listed on the booking, and that you are authorised to do so. For travellers below 18, the booking adult must be the parent or lawful guardian and accepts on their behalf.

1. Assumption of risk

1.1 Adventure, water, wildlife, and similar activities carry inherent risks, including but not limited to: physical injury (sprain, fracture, head injury); drowning, hypothermia, dehydration, heatstroke; altitude sickness; animal attack or insect bite; equipment failure; weather change; rockfall, landslide, avalanche; food allergy; vehicle accident en route to remote locations.

1.2 You acknowledge that these risks cannot be eliminated and that you voluntarily choose to participate with full knowledge of them.

2. Health declaration

You confirm, for yourself and each traveller, that none of the following apply unless specifically disclosed to the Partner in writing before the Service:

  • pregnancy;
  • cardiac, pulmonary, or vascular condition;
  • uncontrolled hypertension or diabetes;
  • epilepsy or seizure disorder;
  • recent (12-month) major surgery;
  • chronic respiratory illness (severe asthma, COPD);
  • haemophilia or blood-clotting disorder;
  • severe food, drug, or insect allergy without an on-person epinephrine auto-injector;
  • alcohol or substance impairment at the time of the Service.

If any of the above apply, you will inform the Partner before the Service and follow their fitness-clearance instructions. The Partner may decline to take you for safety reasons; in that case the standard cancellation policy applies (see Section 4 of the Cancellation & Refund Policy).

3. Age bands

Many adventure Services have a minimum and maximum age. The listing displays the age band; you confirm that every traveller meets it. Tampering with age declarations is grounds for refusal of service without refund.

4. Safety equipment and instructions

4.1 You will wear all safety equipment the Partner provides (helmet, life jacket, harness, climbing rope, etc.) for the duration of the Service.

4.2 You will follow the Partner's safety briefing, the instructions of guides and instructors, and posted safety rules.

4.3 Refusal to wear safety equipment or follow safety instructions is grounds for the Partner to terminate the Service for you with no refund. Where you ignore safety instructions and suffer injury, you accept that this is a contributing cause and may affect any compensation claim.

REVIEW: counsel required before launch — phrasing on contributory negligence; do NOT copy US-style release language.

5. Photo and video release

5.1 The Partner may photograph or video-record the Service for safety, training, or marketing purposes. By accepting this Waiver you grant the Partner and Prayana a non-exclusive, royalty-free licence to use such media in connection with the Service and platform marketing.

5.2 You can withdraw this licence prospectively by emailing simpleaisolutions@prayanaai.com; media already published in print or distributed may not be recallable.

6. Liability allocation

6.1 Nothing in this Waiver excludes the Partner's liability for gross negligence, recklessness, or wilful misconduct, or for breach of statutory duty (Consumer Protection Act, 2019; Indian Penal Code provisions on negligence). Indian law treats waivers of liability for ordinary negligence as enforceable only insofar as they relate to inherent risks of the activity fairly disclosed before consent.

6.2 The Partner's insurance covers the activity. Insurance details (insurer, policy number, indemnity limit) are available on request from simpleaisolutions@prayanaai.com.

6.3 Prayana's role is limited to facilitating the booking. Operational liability rests with the Partner. Prayana's own liability is capped as set out in Section 9 of the Platform Terms of Use.

REVIEW: counsel required before launch — entire Section 6 must be rewritten by an Indian tort/insurance counsel; current text is a working placeholder.

7. Emergency and incident reporting

7.1 You agree to inform the Partner immediately of any injury, illness, or near-miss during the Service.

7.2 The Partner will follow their emergency protocol (first aid, evacuation, hospitalisation). Cost of evacuation and medical treatment, beyond what the Partner's insurance covers, may be charged to your travel insurance or to you. Travel insurance is strongly recommended for adventure Services.

8. Acknowledgement

By ticking the "I acknowledge and accept the Activity Participant Waiver and Health Declaration" checkbox at checkout, you confirm that you have read, understood, and accepted this Waiver on behalf of yourself and every traveller on the booking.

Last updated: 2026-05-28. DRAFT for internal legal review. Do not launch adventure or water-sports verticals without counsel-rewritten Sections 4–6.