This Waiver, Release and Assumption of Risk Agreement (the "Waiver") is entered into between the undersigned guest, on behalf of themselves, their heirs, executors, administrators, family, and minors in their care (collectively the "Releasor") and Phteah Yeay, its owners, directors, officers, employees, contractors, instructors, guides, vendors, and agents (collectively the "Released Parties"), in consideration of being permitted to participate in the activities described below.
1. Activities covered
This Waiver covers all of the following activities, whether free or paid, organised or self-directed, on or off the Phteah Yeay premises (tick those participating in at sign-on):
- Swimming pool, water play, and sun-deck use
- Cooking classes, kitchen demonstrations, and food preparation activities
- Cultural and food tours, market visits, transportation by tuk-tuk, van, or other vehicles
- Outdoor activities (cycling, walking tours, temple visits, traditional games)
- Yoga, meditation, traditional massage, and wellness sessions
- Events and gatherings (weddings, parties, ceremonies, performances)
- Other activity (specify on sign-on)
2. Acknowledgement and assumption of risk
I acknowledge that the activities listed above carry inherent risks of personal injury, illness, property loss, and even death. Risks include, but are not limited to:
- Slips, falls, drowning, and water-related injuries in or near the swimming pool
- Cuts, burns, scalds, allergic reactions, food poisoning, and choking from cooking-class activities
- Traffic accidents, motion sickness, theft, lost belongings, and exposure to weather, heat, dehydration, insect bites, and infectious disease during tours and transport
- Muscle strains, joint injuries, and aggravation of pre-existing medical conditions during physical activities, yoga, and wellness
- Crowd-related accidents, alcohol-related incidents, fire, and acoustic injury during events
- Acts of force majeure, third-party negligence, criminal acts, and unforeseen circumstances
Knowing these risks, and freely choosing to participate, I voluntarily accept and assume all risk of injury, illness, loss, or death, both known and unknown, that may arise from my participation, including any risk caused or contributed to by the ordinary negligence of the Released Parties.
3. Release of liability
To the fullest extent permitted by the laws of the Kingdom of Cambodia, I release, waive, discharge and covenant not to sue the Released Parties from any and all liability, claim, demand, action, or cause of action, whether in contract or tort, for any loss, damage, injury, illness, or death arising from my participation in the activities, except for liability that cannot be excluded under Cambodian law (in particular, gross negligence, wilful misconduct, fraud, and death or personal injury caused by the Released Parties' negligence, where such exclusion is prohibited by law).
4. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claim, loss, damage, expense, or liability (including reasonable legal fees) brought against them by any third party arising out of my acts or omissions, my breach of these terms, or my violation of Cambodian law during my stay or participation.
5. Health representation & fitness
- I represent that I am in good health and physically and mentally able to participate in the activities I have selected. I have disclosed all relevant medical conditions, allergies, pregnancy, mobility limitations, and medications on the Guest Registration Form.
- I authorise Phteah Yeay to obtain emergency medical treatment for me at my own expense if I am unable to give consent at the time, and I waive any claim against Phteah Yeay arising from such good-faith assistance.
- I confirm that I have adequate travel and medical insurance covering my activities. Phteah Yeay strongly recommends that all guests carry travel insurance.
6. Alcohol & substances
I will not participate in any activity, including swimming, cooking, tours, or operating vehicles, while under the influence of alcohol, illegal drugs, or any substance that impairs judgment. Phteah Yeay may exclude me from any activity if staff reasonably suspects impairment, with no refund.
7. Photography, video & media release
During activities and events, Phteah Yeay or its photographer may capture photos and video that include me. At sign-on, I will indicate my preference:
- I consent — Phteah Yeay may use these images for marketing, social media, and promotional purposes without further compensation.
- I do not consent — Please do not include identifiable images of me in any marketing material.
8. Minors
If I am signing on behalf of a minor (under 18 years old), I represent that I am the parent or legal guardian of the minor and have full legal authority to bind the minor to this Waiver. I assume the same risks on behalf of the minor and release the Released Parties on the same terms.
9. Governing law & severability
This Waiver is governed by and construed under the laws of the Kingdom of Cambodia. The competent courts of Cambodia shall have exclusive jurisdiction. If any provision is found unenforceable, the remainder shall continue in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
10. Declaration
I have read this Waiver, understood it, asked any questions I wished to ask, and signed it voluntarily.
Khmer-language version available on request. Activity-specific sign-on at check-in or before activity start.
Related: House Rules · Booking Agreement