Participant Safety and Risk Waiver
Nature of Activity — Acknowledgement of Inherent Risks
Himalayan motorcycle touring is an adventure activity conducted in remote, high-altitude mountain terrain. It involves inherent and unavoidable risks that cannot be eliminated by any amount of care, expertise, or safety precautions. By participating in any tour organised by Motohimalayas, each participant acknowledges the following specific risks, among others:
- Extreme weather conditions including snowfall, fog, hailstorms, and blizzards;
- Road hazards including hairpin bends, gravel, ice, potholes, landslides, and road subsidence;
- High-altitude physiological risks including Acute Mountain Sickness (AMS), High Altitude Pulmonary Oedema (HAPE), and High Altitude Cerebral Oedema (HACE);
- Remoteness of terrain and limited access to emergency medical services, hospitals, and evacuation infrastructure;
- Mechanical failure of motorcycles;
- Wildlife hazards;
- Dehydration, hypothermia, and exhaustion; and
- The risk of serious injury, permanent disability, or death.
Voluntary Assumption of Risk
The participant, hereby:
- Confirm that participant have read and fully understood the nature and description of the tour, including its high-altitude and adventure elements;
- Voluntarily and freely elect to participate in the Motohimalayas.com tour, with full knowledge of the risks described in Clause 10.1 and all other inherent risks;
- Voluntarily and irrevocably assume all risks of participation — including the risk of serious injury, permanent disablement, or death — whether arising from the negligence of any third party, from an Act of God, from equipment failure, or from any other cause, except to the extent directly caused by the gross negligence or wilful misconduct of HMRA Private Limited (Himalayan Monk Riders Associates Pvt Ltd.);
- Confirm that I am physically fit, medically able, and have no undisclosed health condition that contraindicates participation; and
- Confirm that I hold a valid driving licence for the class of motorcycle provided and have adequate experience to ride in mountain conditions.
Release and Indemnity
In consideration of being permitted to participate in the tour, participant — on behalf of himself, their legal heirs, executors, administrators, and assigns — hereby:
- Irrevocably and unconditionally release, discharge, and forever hold harmless HMRA Private Limited (Himalayan Monk Riders Associates Pvt Ltd.), Motohimalayas.com, and their respective directors, officers, employees, tour leaders, guides, partner agencies, and agents (collectively, "Released Parties") from any and all claims, demands, damages, losses, costs, and liabilities — whether in contract, tort, negligence, or otherwise — arising from or in connection with my participation in the tour, except where directly caused by the gross negligence or wilful misconduct of the Released Parties;
- Agree to indemnify and keep indemnified the Released Parties against all claims, costs, expenses, and liabilities (including reasonable legal costs) brought against the Released Parties by any third party arising from my conduct, actions, or omissions during the tour.
Emergency Medical Authorisation
Participant hereby authorise the tour leader, manager, or any authorised representative of Motohimalayas.com to seek emergency medical assistance on my behalf — including transportation, hospitalisation, and emergency surgical procedures — in the event that participant is incapacitated and unable to make decisions for himself during the tour.
Participant acknowledge that all costs arising from such emergency medical assistance shall be his sole financial responsibility and shall be borne by my travel and medical insurance policy.
