What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue CLEARLY LLC, a Puerto Rico limited liability company also known as "Clearly Puerto Rico", "Clearly Crash Boat", "Clearly Rincon", or "Clearly Adventure Co.", "Clearly Adventure Company", or "Clearly Companies", (hereinafter referred to as “CLEARLY”), Clearly Companies LTD, including any other "Clearly" location as referred to hereinafter as "CLEARLY COMPANIES" the Department of Natural Resources, commonly referred to as referred to DNRA, hereinafter referred to as the the "DEPARTMENT OF NATURAL RESOURCES", or anyone associated with CLEARLY, CLEARLY COMPANIES, or the DEPARTMENT OF NATURAL RESOURCES such as its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (hereinafter “Released Parties”) for injuries or losses you suffer while using CLEARLY equipment or facilities. In short, you cannot recover any money from CLEARLY or the Released Parties if you are hurt while participating in activities utilizing any CLEARLY equipment or facilities.
Please take your time and read this agreement very carefully. When you are certain that you understand and agree to each paragraph, sign in the space provided.
“YOU” AND “I,” AS USED HEREIN, INCLUDES THE PARTICIPANT AS WELL AS HIS OR HER HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS, INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS. BY SIGNING THIS AGREEMENT, YOU ARE SIGNING ON BEHALF OF THE ABOVE-LISTED PERSONS AND YOUR SIGNATURE SHALL BE CONSIDERED BINDING UPON THEM.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES ORGANIZED BY CLEARLY WITHOUT THE SIGNED WAIVER.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES, AND ASSIGNS FROM SUING CLEARLY, CLEARLY COMPANIES, DEPARTMENT OF NATURAL RESOURCES, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES ORGANIZED BY CLEARLY
1. Outdoor activities, including but limited to kayaking, hiking, camping and/or outdoor activities, are dangerous and I ASSUME ALL RISKS, whether known or unknown, of injury, including death, illness or damage to my property. I understand that there is a significant risk of serious physical injury, death or other damages inherent in my participation in activities organized and lead by CLEARLY. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of CLEARLY or other parties, as well as the risks normally associated with outdoor endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my participation in CLEARLY’s activities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for all dangers and risks associated with kayaking, hiking, camping and/or outdoor activities. I certify that I understand kayaking, hiking, camping and/or outdoor activities exposes me to a high risk of injury or accident. I knowingly and voluntarily assume all risks, whether known or unknown, of paralysis, injury, illness, death or damage of whatever kind arising out of my participation in any such activity organized by CLEARLY.
2. Release of liability, WAIVER OF CLAIMS, ASSUMPTION OF RISK and hold harmless agreement is given in consideration for my participation. I recognize that CLEARLY could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to participate in this activity, I release CLEARLY, CLEARLY COMPANIES, the DEPARTMENT OF NATURAL RESOURCES and anyone associated with CLEARLY, CLEARLY COMPANIES, or the DEPARTMENT OF NATURAL RESOURCES including without limitation its officers, directors, staff, instructors, members, agents, guests and third parties as well as the released parties enumerated elsewhere in this document, from all liability, and knowingly, intentionally and voluntarily waive all claims, demands or causes of action of any king whatsoever, including but not limited to claims of negligence, which may arise as a result of my participation in a CLEARLY sponsored activity or from use of CLEARLY equipment.
3. Covenant not to sue is given in consideration for my participation in CLEARLY activities and use of CLEARLY equipment. Additionally, in consideration of any part payment for my right to participate in CLEARLY sponsored activities and use of CLEARLY equipment, I will not sue CLEARLY, CLEARLY COMPANIES, the DEPARTMENT OF NATURAL RESOURCES or anyone associated with CLEARLY, CLEARLY COMPANIES, or the DEPARTMENT OF NATURAL RESOURCES including without limitation its officers, directors, employees, instructors, members, agents and guests, as well as the released parties enumerated elsewhere in this document, for any injuries, illness, death, damages or other relief that I may claim that arise out of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY equipment.
4. I will protect CLEARLY, CLEARLY COMPANIES, and the DEPARTMENT OF NATURAL RESOURCES from liability. I agree to defend, protect, indemnify, and hold harmless CLEARLY, CLEARLY COMPANIES, and the DEPARTMENT OF NATURAL RESOURCES its officers, directors, members, instructors, employees, agents and guests, as well as the released parties enumerated elsewhere in this document, from and against any and all claims, suits, actions at law or in equity (including but not limited to claims of negligence), for damages or other relief and against any liability of any nature, together with attorneys’ fees and costs incurred, that may arise out of my use of CLEARLY equipment or participation in a CLEARLY sponsored activity. I agree to pay CLEARLY, CLEARLY COMPANIES, and the DEPARTMENT OF NATURAL RESOURCES's reasonable attorneys’ fees and costs if I bring a suit for injuries suffered at a CLEARLY sponsored activity and that action is unsuccessful, in whole or in part.
5. I agree to abide by all CLEARLY, CLEARLY COMPANIES, and the DEPARTMENT OF NATURAL RESOURCES rules. I agree to abide by all CLEARLY, CLEARLY COMPANIES, and the DEPARTMENT OF NATURAL RESOURCES rules contained in written form as well as verbal directions that may be given by CLEARLY staff or employees.
6. I am physically qualified to participate. I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use CLEARLY facilities. I agree to inform CLEARLY of any conditions that may have any effect on my ability to fully and safely participate in a CLEARLY sponsored activity, so that a determination can be made as to the proper course of action.
7. Other Provisions. This agreement constitutes the complete and sole agreement between me and CLEARLY, CLEARLY COMPANIES, the DEPARTMENT OF NATURAL RESOURCES, its officers, directors, instructors, employees, agents, members and guests and all others associated with CLEARLY, CLEARLY COMPANIES, and the DEPARTMENT OF NATURAL RESOURCES. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding. INDIVIDUAL OFFICERS, DIRECTORS, CLEARLY MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my participation in all CLEARLY activities and all associated events.
8. Venue and Jurisdiction. THE LAWS OF THE COMMONWEALTH OF PUERTO RICO SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE IN THE CITY OF AGUADILLA, PUERTO RICO.
9. Severability. If for any reason a provision of this Agreement is found to be unenforceable, the offending provision may be amended to the extent necessary to conform to applicable law, or, if it cannot be so amended without materially altering the intention of the Parties, it shall be severed here from. In either event, the remainder of the Agreement shall continue in full force and effect.
10. IN RETURN FOR MY LIKENESS OF BEING CAPTURED IN ANY PHOTO SHOOT OR VIDEO SHOOT DATED ABOVE, I hereby assign full copyright of any and all photographs, containing all or part of my image, to the above-mentioned photographer (and the related representatives and assigns) together with the right of reproduction either wholly or in part. I grant to the Photographer or licensees or assignees the permission to can the above-mentioned photographs either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product advertising and such other fashion/business purpose in any manner and medium. Terms of Trade: The Photographer and licensees or assignees may have unrestricted use of these for whatever purpose, including advertising and marketing, with any retouching or alteration, without restriction. Non exclusive with no copyright transfer: Clearly and the above named media company/videographer/photographer and its assigns may use any and all of the images of the models from the date above, without encumbrance, for commercial or non-commercial purposes. Clearly and its assigns reserve the right to use the images of all models from the shoot dated above. Model Use of Images: The models, individually or collectively, may use the images free of charge for personal edification and any non-commercial use from the session occurring on the date above. Models may use their own images, but will not use any of these images to support another photographer or to support another commercial use outside of Clearly, or the videographer/photographer/media company named above, and its assigns, unless negotiated with and agreed upon by all parties. Commercial use includes but is not limited to: Use of hashtags for another brand outside Clearly, sharing the image to endorse yourself to support a different product or service outside of Clearly or the media company named above, using the images on your personal or business blog in support of a business outside of Clearly. I understand I have to right to revoke permission and I may request an image stops being used at any time. If I would like an image removed from commercial use, I, the model must provide written notification to Clearly and the photographer/videographer/media company named above, and allow 4-6 weeks for processing. I understand that Clearly honors the rights of its models, talent, staff, and assigns. I will not at any point pursue legal action regarding the image or video of my likeness and if a legal conflict arises I agree to participate in ADR (arbitration) in lieu of filing any type of lawsuit, complaint, or charge.
I, the model, agree to the terms above and that the above mentioned photographs and any reproductions shall be deemed to represent an imaginary person, and further agree that Clearly, the Videographer, Photographer, media company above, or any person authorized by or acting on his or her behalf may use the above mentioned photographs or any reproductions of them for any advertising purposes or for the purpose of illustrating any wording, and agree that no such wording shall be considered to be attributed to me personally. The photos can be reproduced and sold in perpetuity. Provided my name is not mentioned in connection with any other statement or wording which may be attributed to me personally, I undertake not to prosecute legally or to institute proceedings, claims or demands against either the Photographer or his or her agents in respect of any usage of the above mentioned photographs. I hereby release the photographer named above from all claims and liability relating to images, video or photographs taken of me. I release Clearly from any claims mental, emotional, or physical damage suffered by myself at this shoot. I have read this model release form carefully and fully understand its meanings and implications.
11. I AGREE TO ALL CLEARLY POLICY, RULES AND REGULATIONS.
a.) I agree to take full responsibility for the actions of all guests in my party during as well as pre and post activity. This includes the actions of any animals accompanying guests on-site or during activities.
b.) I agree that any doumentations presented including the information used to complete this release is true and correct.
c.) All children under the age of 12 and pets must be accompanied by an adult 18+ at all times during as well as pre and post activity.
e.) I agree to disclose any medical including physical or mental conditions that may effect myself, my child or any animals in my group in such a way that could implicate their ability to take part in described activity or interrupt described activity.
f.) I hereby understand that I may be asked to remove myself from the activity at any time for any reason with or without reason. I understand that Same-Day Cancellations, Refusal of Service and any cancellations during tour times are not entitled a refund.
g.) No acohol, drugs or weapons or any kind will be permitted on guided tours or group services. Evidence of alcohol, drugs or weapons may result in immediate termination of activiy.
I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.