Waiver of Liability and Hold Harmless Agreement
Big Tooth Expeditions, a trading name of One With Whales Expeditions Inc.
IMPORTANT LEGAL NOTICE: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY IN ITS ENTIRETY BEFORE AGREEING. YOU ARE GIVING UP SIGNIFICANT LEGAL RIGHTS BY AGREEING TO THIS WAIVER, INCLUDING THE RIGHT TO SUE. IF YOU HAVE ANY QUESTIONS, CONTACT US BEFORE AGREEING.
Introduction
Big Tooth Expeditions is a trading name of One With Whales Expeditions Inc., a company incorporated in British Columbia, Canada. This agreement is made with that company. Participation in trips organised by it involves inherent risks due to the nature of outdoor, aquatic and wildlife activities in remote environments. This Waiver of Liability and Hold Harmless Agreement is a binding legal contract. Acknowledgment is mandatory for participation.
By checking the box below and entering your name and the date, you agree to be bound by this agreement. That constitutes your electronic signature and has the same effect as signing by hand.
1. Acknowledgment of Risks
1.1 I understand that participation involves inherent risks, including but not limited to: freediving, snorkelling and open-water swimming in deep offshore water, out of sight of the sea floor and often far from land; entry and exit from small boats in open ocean; boat and vehicle travel in remote regions; physical exertion; close in-water encounters with sperm whales and other large cetaceans — animals of very great size and power whose behaviour cannot be predicted or controlled; hiking and walking on uneven or coastal terrain; visits to villages and cultural sites; food and water prepared in remote locations; handling of expedition or research equipment; equipment failure; changing weather and sea conditions; and limited or delayed access to medical care and evacuation.
1.2 I understand these risks may result in injury, illness, disability, property damage or death, and I voluntarily accept and assume all of them, both known and unknown, including risks that may not be foreseeable.
2. Release of Liability
2.1 To the fullest extent permitted by law, I — on my own behalf and on behalf of my heirs, executors, administrators, next of kin, personal representatives and assigns — release, waive and discharge One With Whales Expeditions Inc., its owners, directors, employees, agents, guides, contractors and affiliates (together, "the Released Parties") from any and all liability for claims, damages, losses or expenses of any kind arising from my participation in any Big Tooth Expeditions trip or activity.
2.2 This release applies to claims resulting from negligence, breach of contract, or any other cause, including where caused by the negligence of the Released Parties, except for gross negligence or wilful misconduct.
2.3 One With Whales Expeditions Inc. enters into this release both on its own behalf and as trustee and agent for each of the other Released Parties, so that each of them may rely on and enforce it.
2.4 Big Tooth Expeditions acts as a trip organiser and coordinator. Local boat operators, vessel captains, guides, drivers, accommodation providers and activity operators are independent third party service providers. Big Tooth Expeditions does not own, operate or control these third parties and accepts no liability for their acts, omissions, negligence or default. I may be asked to sign additional waivers required by them.
2.5 In the event that any liability is found against Big Tooth Expeditions, that liability shall not exceed the total trip fee I have paid.
2.6 Nothing in this agreement limits any statutory rights I have as a consumer, or any liability that cannot be excluded by law.
3. Indemnification
3.1 I agree to indemnify and hold harmless the Released Parties against any claim, liability, cost or expense, including legal fees, brought by or on behalf of any third party arising from my participation, my conduct or negligence, or my breach of this agreement.
4. Eligibility, Fitness and Ability
4.1 I confirm that I am at least 19 years of age, the age of majority in British Columbia, Canada.
4.2 I am in good physical and mental health and capable of the activities involved.
4.3 I am a competent and confident swimmer, able to swim at least 300 metres unaided in open water including in challenging conditions such as waves or chop, and I am comfortable entering deep offshore water where the sea floor is not visible. I meet any additional in-water requirement stated for my trip.
4.4 I have disclosed all relevant medical conditions, disabilities, allergies, dietary requirements and medications, and I understand that failure to disclose releases Big Tooth Expeditions from responsibility for consequences arising from what was not disclosed.
4.5 I will withdraw from any activity if advised to do so by a guide or trip leader.
5. Medical, Insurance and Emergency Authorisation
5.1 I confirm that I will hold travel medical insurance for the full duration of the trip, covering water-based activities including freediving and snorkelling, hiking and outdoor activities, emergency evacuation and repatriation, and emergency medical treatment.
5.2 I will bring a copy of my policy for my guide on arrival. I understand that without it, Big Tooth Expeditions' ability to assist me in an emergency is significantly limited.
5.3 If I am injured or unwell and unable to make decisions for myself, I authorise Big Tooth Expeditions to arrange the medical treatment, evacuation or transport it reasonably considers necessary, and to disclose the information needed to arrange it. I accept that all such costs are my sole responsibility.
5.4 I will provide the name and telephone number of an emergency contact before the trip, and I confirm that person has agreed to act in that role.
6. Behaviour and Compliance
6.1 I agree to follow all safety instructions from guides, crew and operators, and to respect local laws, permit conditions, wildlife and cultural practices.
6.2 I understand that behaviour which is unsafe, disrespectful or seriously disruptive may result in my removal from an activity or from the trip without refund, and that I would then be responsible for my own onward travel, accommodation and costs from that point.
7. Photographic and Media Release
7.1 I grant Big Tooth Expeditions the right to use photographs and video taken by its team or affiliated photographers during the trip for educational, promotional, social media and editorial purposes.
7.2 Images and footage I take myself remain mine. I agree not to use images or footage provided to me by Big Tooth Expeditions for commercial purposes without written permission.
7.3 If I do not wish to appear in published media, I will notify Big Tooth Expeditions in writing before the trip start date.
8. Scope and Duration
8.1 This agreement applies to the trip I am booking and to any activity organised or arranged by Big Tooth Expeditions in connection with it, including transfers, land activities, excursions and any research or citizen science activity forming part of the expedition.
8.2 It remains in force for the duration of that trip and continues to apply to any claim arising from it after the trip ends. It does not cover future trips, which will require a new agreement.
9. Severability
9.1 If any provision of this agreement is found unenforceable, the remaining provisions continue in full force and effect.
10. Governing Law
10.1 This agreement is governed by the laws of the Province of British Columbia, Canada.
10.2 Any dispute arising from it may be brought in the courts of British Columbia. Nothing in this section removes any right I may have to bring proceedings where I reside.
11. Acknowledgment of Independent Review
11.1 I acknowledge that I have had sufficient time to read this agreement in full, that I have not been rushed or pressured into agreeing, and that I have had the opportunity to seek independent legal advice before doing so.
11.2 I am not relying on anything said to me verbally, or in messages, that differs from this agreement, the Terms and Conditions, or the published details of my trip.
☐ I have read, understood and voluntarily agree to all terms of this Waiver of Liability and Hold Harmless Agreement.
Full name: _____________________________
Date: _____________________________
Where this agreement is accepted online, ticking the box and entering your full name and the date constitutes your electronic signature.
Version 2026.1 — effective 23 August 2026 — Big Tooth Expeditions, a trading name of One With Whales Expeditions Inc.