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PARTICIPATION, WAIVER, ASSUMPTION OF RISK, INDEMNIFICATION, HOLD HARMLESS AND RELEASE OF LIABILITY AGREEMENT
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. YOU ARE ASSUMING RISKS RELATED TO EXTREMELY DANGEROUS ACTIVITIES AND WAIVING YOUR LEGAL RIGHTS.
WARNING: Canyoning tours, caving, rappelling activities, hiking tours, suspension bridge crossings,kayaks rides, ropes courses, slides, observation towers,trails, trekking, bodyrafting, cliffjumping rock climbing and other activities offered by Aventureo Llc. (“Aventureo PR”) and/or land owners as well as the mere presence in their premises are EXTREMELY DANGEROUS ACTIVITIES (collectively, the “ACTIVITIES”), and inherently and inevitably involve serious risks of (i) temporary or permanent and/or complete or partial mental, emotional and/or physical injury, illness, cuts, overexertion, bruises, abrasions, paralysis, incapacity, dismemberment and death; (ii) accidents or illness in remote or inaccessible areas that lack medical facilities and/or immediate medical attention; (iii) property loss or damage; (iv) equipment and/or infrastructure malfunction; and (v) other risks, damages or injuries related or inherent to the activities (collectively, “RISKS AND INJURIES”).
“I AFFIRM THAT I VOLUNTARILY WISH TO PARTICIPATE IN THE ‘ACTIVITIES’, WHICH INEVITABLY CARRY ‘RISKS AND INJURIES’, AND I ACKNOWLEDGE AND CERTIFY THAT TO ME THESE ‘ACTIVITIES’ ARE NOT NECESSARY, ESSENTIAL OR IMPORTANT IN ANY WAY.”
In consideration of, and partial payment for, my participation in the ACTIVITIES, I hereby unconditionally, irrevocably and fully: (i) release and DISCHARGE and agree to DEFEND, HOLD HARMLESS and INDEMNIFY Aventureo Llc, and their respective shareholders, directors, officers, insureds, contractors, agents, representatives, employees, affiliates and subsidiaries (collectively, the “Released Parties”), from any and all RISKS AND INJURIES, responsibilities, losses, damages, actions, judgments, claims, suits, costs and expenses (including attorneys’ fees), and liabilities, present or future, foreseeable or unforeseeable, that occur or may occur, orwhich I suffer or may suffer, directly or indirectly related to, in connection with, or as a result of, my participation in the ACTIVITIES including, but not limited to, those arising or caused, totally or partially by the actions, omissions, guilt and/or negligence of any of the Released Parties or any other person; and (ii) WAIVE and RENOUNCE any right that I, my spouse, heirs, successors or assigns, or any other person has or may have to sue and/or to institute any type of proceeding or claim of any nature as a result of any RISK AND INJURY or in any way related to my participation in the ACTIVITIES. I acknowledge that the Released Parties have stated that they will not have any liability for any RISKS AND INJURIES and/or any other injury and/or damages related in any way to my participation in the ACTIVITIES.
I acknowledge that the ACTIVITIES require my compliance with the following: (i) be in good mental and emotional health and good physical condition; (ii) not be under the influence of alcohol, drugs, medicines or substances which may impair my motor and visual skills, or cause any other impairment; (iii) not suffer from any mental, emotional or physical condition, incapacity or limitation including, without limitation, heart, back, respiratory, circulatory or neurologic conditions or illnesses, dizziness, acrophobia, claustrophobia, vertigo, hypertension, diabetes, hypoglycemia or any similar condition; and (iv) not be pregnant. I CERTIFY MY COMPLIANCE WITH THESE CRITERIA AND I ACKNOWLEDGE THAT NON-COMPLIANCE WITH THESE CRITERIA WILL CAUSE RISKS AND INJURIES. I acknowledge that the Released Parties are not health professionals and that they cannot assess my physical, mental or emotional condition, or the physical, mental or emotional condition of any other person participating in the ACTIVITIES. If, at any time, I feel that all or any stage of the ACTIVITIES are not suited
for me, I shall immediately so inform the tour guides, and I shall not participate, or shall immediately stop my participation in the ACTIVITIES.
I agree not to manipulate or interfere in any way with the infrastructure or equipment used in the ACTIVITIES including, but not limited to, belts, harnesses,lifejacket,helmet buckles, lines, ropes, cables or poles, and I shall obey the instructions and safety warnings issued by the tour guides. In case of emergency, I irrevocably authorize that efforts be made to secure medical treatment for me and consent to all medical treatments and invasive procedures necessary or convenient in order to cure me and/or stabilize or protect my life. I personally guarantee the payment of any cost or expense related to my medical treatment and/or the medical treatment of any person injured as a result of my participation in the ACTIVITIES.
I acknowledge that during my participation in the ACTIVITIES, the Released Parties or any other persons authorized by the Released Parties may take or capture photos, videos, images, record sounds or create or produce other material (collectively, the “Material”). I hereby agree and accept, fully, unconditionally and irrevocably, that the Material shall be the exclusive property of the Released Parties, and I also waive any and all rights of whatever nature that I may have over the Material. I accept and authorize the Released Parties to use, publish in any media, modify, sell or in any way transfer the Material for commercial purposes or any other purpose, and I also agree and accept that I shall not have the right to any compensation or claim in connection with the Material.
I agree and accept that this document, and any claim, suit, litigation or legal proceeding related to the same shall be subject to and interpreted exclusively in accordance with the laws of the Commonwealth of Puerto Rico, and that any such proceeding shall be carried out exclusively in the state courts of the Commonwealth of Puerto Rico. If any part of this agreement is held void, illegal or is declared without legal effect by a court of law, the enforceability, legality and applicability of the remaining provisions set forth herein shall not be in any way affected or limited.
WITH MY SIGNATURE I CERTIFY THAT I HAVE READ AND UNDERSTOOD THIS DOCUMENT IN ITS ENTIRETY. I AM AWARE OF THE RISKS I AM ASSUMING AND OF THE RIGHTS I AM WAIVING, AND I VOLUNTARILY ACCEPT THIS AGREEMENT IN ITS ENTIRETY, WITHOUT OBJECTION OR ANY LIMITATION WHATSOEVER.