DEFINITIONS
When the following words with capital letters are used in these terms, this is what they will mean:
We/Our/Us: Wild Shore Foxlake Ltd. (registered no. SC642547) whose registered office is at 39 High Street, East Linton, EH40 3AA trading as “Foxlake Adventures”.
Waiver: the full release and waiver of liability, assumption of risk and indemnity agreement provided to You by Us on the date of Your Foxlake Adventures Activity.
You/Your/Yourself: means the person signing the declaration forming part of this waiver.
Participant: refers to a person who has booked to participate in any activity by virtue of a booking.
Foxlake Adventures Activity: any activity which takes place on Our premises, including both Water Based Activities and Land Based Activities.
Group: Individuals/the group of individuals, as listed on this waiver, for whom You are responsible.
Water Based Activities: any water based Foxlake Adventures Activity, including but not limited to Wakeboarding, Ringo and Foxfall, Aqua Park and Open Water Swimming
Land Based Activities: any land based Foxlake Adventures Activity, including but not limited to Sauna, Low ropes and Archery tag
Site: means the Site on which the Foxlake Adventures Activity takes place.
LOSS & LIABILITY
We will not accept any liability for personal injury sustained by You from the use of Our premises or facilities, unless such injury is caused by Our negligence or the negligence of Our employees or subcontractors.
We can accept no responsibility for accidents or losses arising either directly or indirectly as a result of any medical condition or physical disability.
Personal Insurance – We have public liability insurance which does not provide personal insurance cover (e.g. loss, damage, injury, accident) of any kind, meaning We will not be responsible for any damage to or loss of property belonging to You.
Use of Our facilities, hire kit and other relevant equipment provided by Us is used at Your own risk and We will not accept any liability for any personal injury sustained due to the misuse or manipulation of Our safety equipment.
You must complete and sign the Waiver prior to commencing any Foxlake Adventures Activity.
SAFETY & SUPERVISION
You must observe all directions, instructions and requests of Us or Our staff at all times when taking part or preparing to take part in any Foxlake Adventures Activity.
All children under 16 years must have responsible, on-site supervision at all times. Those undertaking organized programmes/activities may be supervised by an appropriate coach, leader or instructor supplied by Us.
You must always wear a buoyancy aid or impact vest and a helmet when You are on or about to go on any Water Based Activities. You must wear a wetsuit unless advised otherwise by Our instructors.
If You wish to use Your own safety equipment, You must satisfy Yourself that it is adequate to meet the prevailing conditions. We cannot accept any liability for any damage to or loss of property, personal injury, accident or death which occurs as a result of the failure or inadequacy of any piece of equipment supplied by You.
ON SITE CONDUCT
We may refuse to allow a participant to take part in any Foxlake Adventures Activity or to remove a participant from any Foxlake Adventures Activity should We, in Our sole discretion, deem it necessary to do so in the interests of safety and no refund will be offered.
It is prohibited to consume alcohol or drugs prior to any Foxlake Adventures Activity. Anyone suspected to be under the influence of alcohol or drugs will not be allowed to participate and no refund will be offered.
We may refuse to allow any participant to take part in any Foxlake Adventures Activity or to remove a participant from any Foxlake Adventures Activity should We, in Our sole discretion, deem necessary if they act in a verbally or physically abusive way towards Our employees or anyone else on Site.
SAUNA
- Age restriction - under 16's must be supervised by an adult ratio 1:1 under 16 years old.
Under 16's must wear a buoyancy aid provided by us when in the plunge pool
You must not use the Sauna if You suffer from heart or circulatory problems, high or low blood pressure, epilepsy, diabetes or if You are prone to dizziness or fainting spells.
- You must be confident in and around water and be able to swim at least 25 metres unaided without a floatation device. It is Your sole responsibility to ensure this standard of competence is met for Yourself and any participants that You are responsible for.
- All persons using a body of water as a ‘cold plunge’ do so at their own risk. - It is Your own responsibility to ensure that You are a capable and can handle being exposed to the cold temperatures and other dangers of a body of water.
- To prevent burning, jewellery should be removed before entering the sauna.
- Sauna sessions of no longer than 20 minutes at a time (We recommend 5 –12 minutes in the Sauna, before going outside to cool down).
- We recommend waiting 5-15 minutes before driving after being in the Sauna and plunge pool
- If You are making this booking on behalf of a group, it is Your responsibility to make all users aware of the terms and conditions and to practice safe sauna use.
If You have any reservations regarding sauna use, such as medical conditions, underlying health problems, the use of prescription drugs or pregnancy, it is essential that You consult Your GP before using the sauna.
PARTICIPATION REQUIREMENTS
You must be confident in and around water, and be able to swim at least 25m unaided without a floatation device. It is Your sole responsibility to ensure this standard of competence is met for Yourself and any Participants that You are responsible for.
If You have suffered a concussion in the last 8 weeks, You are not permitted to participate in any Foxlake Adventures Activity.
If You are in any stage of pregnancy, You are not permitted to participate in any Foxlake Adventures Activity.
Any medical conditions or physical disabilities must be declared to Us at the time of booking and, in any event, prior to the Foxlake Adventures Activity commencing.
For any Foxlake Adventures Activity, You confirm that You fall within the age, height and weight restrictions set by Us. The current restrictions for Foxlake Adventures Activities are as follows:
WAKEBOARDING
FOXFALL
- Minimum age 6 years old
- Minimum height 1.2m
- Maximum weight 120kg/18.5 stone
RINGO
AQUA PARK
- Minimum age 6 years old
- 6 & 7 year olds must be accompanied by an adult on the session (3 children to 1 adult ratio)
- Minimum height of 1.1 metres
MISCELLANEOUS
Cancellation- Participants whom have paid for courses in advance You must provide at least 48 hours’ notice of any cancellations. For any group of 10 participants or more, the notice period is 14 days. We regret that any courses cancelled without such notice cannot be refunded. If numbers are altered less than 2 weeks before then a group can only be credited/refunded for unused spaces IF the site is able to fill those spaces with other customer bookings.
This Waiver contains important information concerning participation by You in any Foxlake Adventures and, accordingly, You acknowledge and agree that You are aware of, and accept this Waiver.
All matters arising out of or in connection with this Waiver shall be governed by the law of Scotland and shall be subject to the jurisdiction of the court of Scotland.
PHOTOGRAPHY, VIDEOGRAPHY AND AUDIO RECORDINGS
During Your visit to Foxlake Adventures Your image or voice may be captured by either Our devices or those of Our partners. You accept and consent by making the booking that still or video images may be taken of You and/or Participants under the age of 18 in Your Group during Your time spent on Site.
Many of Our visitors will also be capturing video and photographs whilst on site. By attending Site, You understand and accept that We are not responsible for the use of any images of You that may be captured in this way.
Declaration
I have read in full, understand and agree to abide by all the terms and conditions on this document and the 'Booking terms and conditions' shown on https://www.foxlake.co.uk/booking-terms-and-conditions, issued by Wild Shore Foxlake Ltd. listed above and accept them on behalf of the each Participant.
I confirm that I have authority to accept these terms and conditions on behalf of the each Participant and declare that if I am not the parent or guardian of any Participant, that I have the authority of their parent(s) or guardian(s) to sign and accept these terms and conditions.
Please note by writing the names of each Participant in the space provided you are confirming each Participant’s place on a Foxlake Adventures Activity and that you have read, understood and accept, and have the authority to accept, the Terms & Conditions on each Participant’s behalf.
Declaration
I have read in full, understand and agree to abide by all the terms and conditions of use, issued by Wild Shore Foxlake Ltd listed above and hereby accept them.