Our Indemnity Policy Signed Before Play or Visit
INDEMNITY, RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT
Balam Golf Course
Placencia, Belize
This Indemnity, Release of Liability & Assumption of Risk Agreement (the “Agreement”) is entered into by the undersigned participant or guest (“Guest”).
DEFINITION OF RELEASED PARTIES
For purposes of this Agreement, the “Released Parties” expressly and specifically include:
Balam Golf Management Ltd. (Belize)
Precast Concrete Consultants Ltd. (Belize), as landowner and owner of buildings and improvements
Royal Balam Golf Management LLC (Wyoming, USA), as payment and administrative entity
Any and all parent companies, subsidiaries, affiliates, related entities, successors, and assigns
All owners, members, shareholders, directors, officers, managers, employees, agents, contractors, subcontractors, volunteers, instructors, caddies, boat captains, boat operators, crew members, representatives, and insurers of any of the foregoing
This Agreement, the Guest acknowledges that participation in golf-related activities, elevated range activities, transportation by boat, dining, and presence on the premises involves inherent, elevated, and unforeseen risks, and the Guest voluntarily assumes all such risks.
1. ASSUMPTION OF RISK
The Guest understands and agrees that activities related to Balam Golf Course may include, but are not limited to:
Golf play, practice, lessons, and use of driving ranges or practice facilities, including multi-level and elevated driving range platforms
Risk of falling from elevated or upper levels, observation decks, or platforms, whether accidental or due to loss of balance
Railings, barriers, or protective features not eliminating all fall risk
Objects or equipment falling from above, including clubs, balls, phones, or personal items
People swinging golf clubs on elevated platforms, creating risk to participants and bystanders
Use of golf carts, equipment, clubs, and facilities, including rollovers, crashes, collisions, tip-overs, ejections, mechanical failure, operator error, passenger conduct, and uneven or jungle terrain
Driving golf carts into ponds, waterways, vegetation, or off designated paths
Walking on uneven terrain, wet grass, sand, rocks, docks, piers, stairs, bridges, and pathways
Transportation by boat, including embarking, disembarking, and travel over open water
Slipping, tripping, falling, or being struck by golf balls, clubs, carts, or other equipment
Falling into water from boats, docks, elevated structures, or course-adjacent waterways
Weather-related risks including extreme heat, sun exposure, rain, wind, lightning strikes, hurricanes, tropical storms, flooding, fires, smoke, and other natural or environmental events
Acts of nature or force majeure events, whether predictable or unpredictable
Wildlife encounters and animal attacks, including large predators (including big cats), snakes, reptiles, insects, spiders, scorpions, birds, mammals, marine animals, and livestock
Bug bites, stings, allergic reactions, infections, or diseases transmitted by insects or animals
Plant, vegetation, and environmental exposure, including toxic, irritant, or allergenic plants, trees, grasses, pollen, sap, thorns, fungi, or mold
Food and beverage consumption, including alcohol
Surface & Environmental Conditions
The Guest further acknowledges and agrees that many surfaces throughout the property may be wet, uneven, or slippery due to environmental conditions, weather, water proximity, cleaning activities, humidity, algae, sand, mud, vegetation, or normal operations.
The Guest understands and agrees that they must presume that any boat, dock, pier, boarding area, water-adjacent surface, golf cart path, golf cart, stairway, bridge, deck, ramp, or walkway may be slippery at any time, whether visibly wet or not.
The Guest agrees to exercise extreme caution when walking, boarding or exiting boats, operating or riding in golf carts, using stairs, walking on cart paths, or moving through any area associated with water or elevated surfaces. The Guest acknowledges that slips, falls, and loss of footing are inherent risks associated with these environments and voluntarily assumes full responsibility for any injury, accident, or incident resulting from such conditions.
The Guest voluntarily and knowingly assumes all risks, whether known or unknown, foreseeable or unforeseeable, including the risk of serious injury, permanent disability, illness, disease, property damage, or death, as well as property loss or damage.
2. RELEASE OF LIABILITY
To the fullest extent permitted by the laws of Belize, the Guest hereby releases, waives, discharges, and covenants not to sue the Released Parties from any and all claims, demands, actions, causes of action, damages, losses, costs, or expenses of any kind arising out of or related to the Guest’s participation.
This release applies even if caused in whole or in part by the negligence of the Released Parties, including but not limited to negligence in the operation, ownership, maintenance, inspection, supervision, instruction, transportation, design, construction, security, or management of the premises, equipment, boats, golf carts, facilities, or activities.
3. INDEMNIFICATION
The Guest agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, costs, and legal fees arising from:
The Guest’s participation in activities
The Guest’s breach of this Agreement
Injury or damage caused by the Guest to any person or property
4. BOAT & WATER ACTIVITY DISCLAIMER
The Guest acknowledges that boat transportation and water-related activities involve additional risks, including but not limited to:
Open water travel risks
Boarding and disembarking hazards from docks, boats, or uneven surfaces
Rough seas, wakes, currents, and changing weather conditions
Falling into the water, drowning, or impact with vessels or structures
Mechanical failure, equipment malfunction, or operator error
Fire, collision, or capsizing
Possible delays in emergency response or rescue due to location and conditions
The Guest agrees that:
Life jackets may be provided but may not eliminate all risks
Swimming ability does not guarantee safety
All participation is entirely at the Guest’s own risk, regardless of weather or sea conditions
5. MEDICAL CONDITION, REMOTE LOCATION & FITNESS TO PARTICIPATE
The Guest certifies that they are physically and medically fit to participate and have no condition that would increase the risk of injury.
The Guest acknowledges that Balam Golf Course is located in a remote environment and that:
Immediate access to medical care may be limited
Emergency response, evacuation, or treatment may be delayed
Medical facilities may be distant or limited in capability
The Guest assumes full responsibility for any medical expenses incurred.
In the event of an emergency, the Guest authorizes the Released Parties to obtain medical treatment on their behalf and agrees to be financially responsible for such treatment.
6. FOOD, BEVERAGE & ALLERGY DISCLOSURE
The Guest acknowledges that food and beverages may be prepared and served on-site or through third parties. The Guest agrees to:
Declare all food allergies, dietary restrictions, or medical sensitivities to staff prior to ordering or consuming food or beverages
Accept full responsibility for any allergic reaction or illness resulting from failure to disclose such information
Balam Golf Course makes no guarantee of allergen-free food preparation.
7. PROPERTY & PERSONAL BELONGINGS
The Guest is solely responsible for personal belongings. The Released Parties are not responsible for loss, theft, or damage to personal property.
8. ALCOHOL, CONDUCT & PERSONAL RESPONSIBILITY
The Guest acknowledges that the consumption of alcohol significantly increases the risk of injury and accidents. The Guest voluntarily assumes full responsibility for:
Injuries or accidents occurring while intoxicated or impaired
Operating or riding in golf carts after consuming alcohol
Falls, poor judgment, unsafe behavior, or harm to others related to alcohol consumption
The Guest further acknowledges that under the laws of Belize a person may be considered legally intoxicated when their blood alcohol concentration reaches or exceeds eighty (80) milligrams of alcohol per one hundred (100) millilitres of blood, commonly referred to as 0.08% BAC.
The Guest understands that operating any vehicle, including but not limited to golf carts, maintenance vehicles, boats, or similar equipment, while impaired by alcohol or drugs presents significant safety risks.
The Guest agrees that any operation or use of golf carts, vehicles, boats, or equipment while under the influence of alcohol or drugs is undertaken entirely at the Guest’s own risk, and the Guest assumes full responsibility for any injury, damage, or accident arising from such conduct.
The Guest further agrees that the Released Parties shall not be responsible or liable for any injury, death, property damage, or other loss resulting from the Guest’s intoxication or impairment.
The Released Parties reserve the right, at their sole discretion, to refuse service, transportation, equipment use, or participation in any activity to any Guest who appears intoxicated, impaired, disorderly, or who otherwise poses a safety risk to themselves or others.
9. PHOTOGRAPHY & MEDIA RELEASE
The Guest grants permission for photographs or video taken on the premises to be used for promotional or marketing purposes without compensation.
10. FORCE MAJEURE, GOVERNING LAW, JURISDICTION & SEVERABILITY
Balam Golf Course shall not be held liable for any delay, interruption, cancellation, injury, damage, or loss caused by acts of God or force majeure events, including hurricanes, tropical storms, fires, floods, lightning, earthquakes, governmental actions, or other events beyond reasonable control.
This Agreement shall be governed by and interpreted in accordance with the laws of Belize, without regard to conflict-of-law principles. The Guest agrees that any dispute, claim, or legal proceeding shall be brought exclusively in the courts of Belize.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. VOLUNTARY PARTICIPATION, BINDING EFFECT & ACKNOWLEDGEMENT
The Guest acknowledges that all activities are entirely voluntary, and that the Guest freely chooses to participate at their own risk.
This Agreement is binding upon the Guest, as well as the Guest’s heirs, family members, beneficiaries, estate, executors, administrators, personal representatives, and assigns.
By signing below, the Guest confirms that they have read, understood, and voluntarily agreed to this Agreement, and understand that they are waiving substantial legal rights