WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Please read the following agreement carefully BEFORE DECIDING TO PARTICIPATE. By signing this document, YOU ARE EXPRESSLY AGREEING TO HAVE KNOWLINGLY, FULLY AND TOTALLY RELEASED the Owner/Company/His Agents and Employees (hereinafter “The Released”) FROM ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising out of any act, omission, or condition existing prior to the signing of the agreement, and extending to include any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities, occurring at any point in the future from the activities in which you are about to purchase/engage.
IN CONSIDERATION of Resort Management, S.A., doing business as Los Buzos Resort (“The Released”) allowing me to participate in any and all recreational activities or events in which Los Buzos is in any way involved (the “Activities”), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”).
1. ACKNOWLEDGEMENT OF RISKS. Acknowledge that some, but not all, of the risks of participating in the watersport activity include: (1) Changing water flow, tides, currents, wave action and ships’ wakes; (2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects: (3) The negligent actions and/or omissions of other participants; (4) Your own actions and/or omissions, your level of competency as to the activity, and your own physical and mental conditions; (5) Wind shear, inclement weather, lightning, variances and extremes of wind weather and temperature; (6) My sense of balance, physical coordination, ability to operate equipment, swim and / or follow directions; (7) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and /or drowning; (8) The presence on insects and marine life forms; (9) Equipment failure or operator error; (10) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; (11) Fatigue, chill and / or dizziness which may diminish my / or our reaction time and increase the risk of an accident.
2. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY. By initialing this section and executing this WAIVER below, you are agreeing that you have reviewed the preceding non-exclusive list of sample inherent risks involved in your participation in these activities, and with full knowledge and understanding, you are voluntarily agreeing to engage and participate in these activities and to VOLUNTARILY AND EXPRESSLY ASSUME THE RISK OF SERIOUS BODILY HARM, PERSONAL INJURY, DEATH OR DAMAGE resulting from any and all inherent risks while participating and engaging in (including transit to and from) these water sports activities. By expressly assuming ANY AND ALL INHERENT RISKS involved with these water sports activities, you are voluntarily relinquishing the ability to seek or collect damages from the Released due to any personal injury, claim, or incident occurring or in any way related to or arising from the inherent risks of your involvement in these water sports activities. I AGREE TO WEAR An approved personal flotation device while participating in the activity or riding in any watercraft.
3. RELEASE. I hereby release Resort Management, S.A., its principals, directors, officers, agents, employees and volunteers, their insurers, and each and every land owner, municipal and / or governmental agency Los Buzos Resort| www.losbuzos.com 2 upon whose property an activity is conducted (“owner”) and their insurers, if any, (Collectively “Releases”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AND OTHER PERSONS as a result of my / our participation in the activity, EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).
4. PHOTO RELEASE. I hereby authorize Resort Management, S.A., to publish photographs or videos taken of me, or persons under my legal guardianship, for use in Los Buzos Resort print and online publications, as well as by any outside third party interests. In consideration for my voluntary participation in publications produced by Los Buzos Resort, or any other third party interests, I agree that I will receive no financial compensation. Furthermore, I agree that participation in any print or online publication produced by Resort Management, S.A., or any outside third party interests, confers no ownership or special rights whatsoever.
I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OR LIABILITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.
*EACH ADULT PARTICIPANT MUST INDIVIDUALLY SIGN A WAIVER. Parental Consent (required if the participant is less than 18 years of age)As the parent or legal guardian to the minor identified below, I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Activities. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.