In consideration of the services of Cumpleaños VIP LLC DBA VIP Adventures, their agents, owners, officers, managers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "VIPA"), I hereby agree to release, indemnify, and discharge VIPA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in an inflatable device, biking, kayaking, paddleboarding, and snorkeling activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: boat capsize and entrapment; tidal conditions, surf and currents; travel in remote areas; collision with objects or other watercraft; accidental drowning; illness in remote areas; slipping and falling; collision with fixed objects or people; the exposure to insects; falling off of or being thrown from the inflatables or other amusement devises, falling from significant heights, pinches, rope burns, twists and jolts, strains, sprains, broken bones and musculoskeletal injuries including head, neck, life threatening injuries, and back injuries; cuts, abrasions, and bruises; cardiac related illness; exposure to temperature and weather extremes which could cause hypothermia (heat related illnesses), heat exhaustion, sunburn, heat stroke, and dehydration; large waves, eddies and whirlpools, and lightening; aggressive and/or poisonous marine life, undersea wrecks, natural and artificial reefs, caves, caverns, boats and their equipment, and other divers; entanglement in/or missing guidelines or floats; wrist, arm, shoulder, and/or back injuries; rapidly changing adverse weather and water conditions; Kayaks are slippery when wet and accidents can occur getting in or out. Exposure to the natural elements can be uncomfortable and/or harmful, the negligence of participants, or other persons who may be present; equipment failure or operator error; my own physical condition, and the physical exertion associated with this activity.
Furthermore, VIPA employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless VIPA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of VIPA equipment or facilities, including any such claims which allege negligent acts or omissions of VIPA.
4. Should VIPA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against VIPA, I agree to do so solely in the commonwealth of Puerto Rico, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against VIPA on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Today's Date: January 24, 2022