
Schedule 3
Guest Waiver Form
Liability Waiver, Release & Acknowledgement of Risk
By signing (including electronically), I agree:
1 Device Purpose & Limitations
1.1 The Device is a supplemental monitoring aid only. It does not replace active supervision, lifeguards, or safe conduct.
1.2 Alerts may fail or be delayed due to misuse, improper fit, water conditions, interference, connectivity or power issues, or other factors.
1.3 The Device may be periodically updated, replaced, or modified by the Hotel or MagEdge (including changes to bracelet/wristband design or features) as part of ongoing improvement and pilot testing. Such changes may temporarily affect how alerts are displayed or delivered, but do not change the fact that the Device is only a supplemental aid and does not replace supervision or lifeguards.
2 Assumption of Risk
I understand aquatic activities involve inherent risks, including drowning, injury, and death, and I voluntarily accept these risks for myself (and for any minor in my care, if applicable).
3 Proper Use
I will follow all instructions, wear the Device correctly, and comply with posted rules and staff directions. I will immediately stop use if the Device appears damaged or not functioning. I understand that if the Device or bracelet is replaced or exchanged during my stay, I must follow staff instructions regarding the new Device and confirm that it is properly worn and activated before entering the water.
4 Release & Waiver
To the fullest extent permitted by law, I release and forever discharge MagEdge, the Hotel, and their affiliates, officers, employees, and contractors (collectively, the "Released Parties") from any and all claims, liabilities, losses, and damages arising out of or related to my (or the minor's) use of the Device or participation in aquatic activities except to the extent caused by the gross negligence or wilful misconduct of a Released Party.
5 Liability Cap & Excluded Damages
To the fullest extent permitted by law, the Released Parties shall not be liable for indirect, incidental, special, or consequential damages. Any direct damages recoverable by me shall be limited to US$ 500.00 in the aggregate. This cap does not apply where such limitation is prohibited by law.
6 Indemnity
I will indemnify and hold harmless the Released Parties from third-party claims arising from (a) my breach of this Waiver; (b) my misuse or unauthorised use of the Device; or (c) my failure to supervise minors in my care.
7 Health & Fitness
I am physically able to engage in aquatic activities and will not use the pool or Device while impaired or medically unfit.
8 Minors
If I am the parent/legal guardian, I accept this Waiver for the minor named below, assume all associated risks, and undertake the obligations in Clauses 3, 6, and 7 for that minor.
9 Data Notice
Basic usage/technical data may be collected by the System for safety, maintenance, and analytics. Personal data (if any) will be handled in line with applicable law and the Hotel's privacy notices.
10 Third-Party Beneficiary
Mag Edge Pte Ltd is an intended third-party beneficiary of this Waiver and may enforce it directly.
11 Electronic Execution
I agree this Waiver may be executed by touchscreen, click-accept, or typed name and will be legally binding as an original.
12 Governing Law & Disputes
This Waiver is governed by Maldivian law. Any dispute shall be referred to SIAC arbitration in Singapore before a sole arbitrator, in English. Emergency injunctive relief may be sought in a court of competent jurisdiction.
13 Severability
If any provision is unenforceable, the remainder remains in effect to the maximum extent permitted.
By signing below or clicking "Accept" in the app or system, you affirm that you have read, understood, and voluntarily agreed to all terms of this waiver and release.
By signing/accepting, I confirm I am at least 18 years old (or the legal age of majority) and have read, understood, and agree to this Waiver.
Signature
IN WITNESS WHEREOF, the undersigned Guest has executed this Waiver as of the date and time set out below.