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ADVENTURE LIABILITY WAIVER AND RELEASE AGREEMENT

EXTREME SPORT

ADVENTURE LIABILITY WAIVER AND RELEASE AGREEMENT

(PLEASE READ CAREFULLY. BY SIGNING, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.)

1. DEFINITIONS

  • “Company” refers to [Company Name], its owners, officers, directors, members, managers, employees, volunteers, agents, independent contractors, insurers, facility operators, landlords, sponsors, suppliers, and affiliated entities.
  • “Participant” refers to the undersigned individual(s) engaging in any of the Activities. “Participant” includes any parent or legal guardian signing on behalf of a minor.
  • “Activities” refers to any and all adventure tourism or outdoor activities provided, organized, sanctioned, or operated by the Company, including (but not limited to):
  • Snorkeling, scuba diving, free diving, and swimming with sharks, and other marine-based activities.
  • Hiking, trekking, mountaineering, or touring in remote areas and at high altitudes, including near volcanoes.
  • Marathons, ultramarathons, long-distance biking, triathlons, or similar endurance sports or events.
  • Caving, canyoneering, ziplining, rappelling, rock/rope climbing, and other vertical or aerial activities.
  • Cycling, mountain biking, road biking, and similar ground-based sports.
  • Kayaking, rafting, boating, sailing, white-water sports, surfing, stand-up paddleboarding, and other watercraft-based activities.
  • Wildlife viewing, camping, horseback riding, equine activities, or cultural excursions.
  • Travel by aircraft, boat, public and private vehicles (including transfers to and from tour areas).
  • General sightseeing of local landmarks, attractions, or points of interest.
  • Any other outdoor, indoor, or remote-location tours, “free time” activities, training sessions, or events provided or facilitated by the Company.

You understand that “Activities” can also include using equipment provided by the Company or third-party suppliers, and that these Activities may occur in remote areas with limited or delayed access to medical facilities.


2. IMPORTANT NOTICE

  • By signing this Agreement, you acknowledge that you understand and voluntarily accept the risks associated with the Activities, including the possibility of serious injury, permanent disability, or death.
  • You further acknowledge that you are waiving and releasing certain legal rights, including the right to file a lawsuit against the Company in certain circumstances.
  • No Guarantee: The Company makes no guarantee regarding weather conditions, wildlife encounters, or uninterrupted itineraries. External factors may impact the timing, location, or nature of the Activities.


3. ACKNOWLEDGMENT OF RISKS

  1. Inherent Dangers: The Activities involve inherent risks and dangers, both known and unknown, which may include but are not limited to:
  2. Terrain hazards (rugged, steep, slippery, or unstable surfaces);
  3. Environmental risks (altitude sickness, breathing difficulties, heatstroke, drowning, etc.);
  4. Animal or wildlife encounters (including sharks, sea lions, marine life, and other animals);
  5. Mechanical, equipment, or structural failures or malfunctions;
  6. Remote and isolated locations with limited or delayed medical care;
  7. Natural disasters or acts of God, such as volcanic activity, earthquakes, extreme weather conditions, landslides, rockfalls, or floods;
  8. Changing weather conditions (storms, high tides, choppy seas);
  9. Human error, negligence, or omissions by the Company, other participants, or third parties;
  10. Consumption of alcohol or the influence of drugs (legal or illegal), which may impair judgment;
  11. The potential for theft, robbery, vandalism, or other criminal acts by third parties; 
  12. Illness, including food poisoning or other food- or waterborne illnesses; 
  13. Delays or cancellations due to weather, political unrest, mechanical breakdown, natural disasters, or other uncontrollable circumstances;
  14. Extended physical exertion over many hours, leading to fatigue, dehydration, heatstroke, hypothermia, or overexertion injuries;
  15. Interactions with vehicles or other participants when the route overlaps roads, trails, or public spaces;
  16. Inadequate rest or training, which may lead to exhaustion, collapse, or cardiovascular strain;
  17. Steep, uneven, or remote terrain with limited rescue or aid access;
  18. Exposure to unpredictable weather (heatwaves, storms, cold snaps) that may be dangerous over long distances;
  19. Limited or delayed medical support, such as sparse aid stations or long evacuation times.
  20. Physical & Mental Fitness: The Activities can be physically and mentally demanding.
  21. Free/Unsupervised Time: If the itinerary allows free time, any optional or additional activities I undertake during that free time are solely at my own risk, and the Company is not responsible for my actions or consequences during such periods.


4. ASSUMPTION OF RISK

  1. I acknowledge that participation in the Activities is voluntary, and I knowingly and freely assume all known and unknown risks, dangers, and hazards associated with the Activities—even those arising from negligence (except where prohibited by law) by the Company or third parties.
  2. I further confirm that I have not relied on any oral or written representations or statements made by the Company other than what is set forth in this Agreement, especially concerning the safety of the Activities.
  3. I voluntarily assume all risks and hazards arising out of or related to my participation in the Activities.


5. CERTIFICATION OF PHYSICAL AND MENTAL FITNESS

  1. I certify that I am (or my minor child/ward is) in good health and physical condition, with no medical, mental, or physical conditions that could be worsened by participating in the Activities.
  2. I confirm that I am (or my minor child/ward is) adequately trained and prepared for these Activities, including but not limited to marathons, ultramarathons, long-distance biking, or other endurance events. I have consulted a medical professional regarding my fitness for prolonged, high-intensity physical exertion, and I have disclosed any medical conditions that could be aggravated by such exertion.
  3. I am not under the influence of alcohol, drugs (prescription or otherwise), or any substance that might impair my ability to engage safely in the Activities.
  4. I understand it is my sole responsibility to determine whether I am sufficiently fit to participate and, if necessary, to consult a physician or healthcare professional before doing so.
  5. I agree to immediately notify the Company of any change in my condition or any concerns about my ability to participate safely in the Activities.


6. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION

  1. Release of Liability: To the fullest extent permitted by law, I (on behalf of myself, my spouse, partner, heirs, next of kin, executors, administrators, assigns, and legal representatives) hereby waive, release, and forever discharge the Company from any and all claims or causes of action relating to damage, loss, injury, or death that may result from my participation in the Activities, including those arising from the Company’s negligence or fault.
  2. Waiver of Claims: I agree not to sue or otherwise make a claim against the Company for any injury, damage, death, or other loss sustained as a result of my participation in the Activities.
  3. Indemnification: I agree to indemnify and hold harmless the Company from and against any and all losses, liabilities, claims, obligations, damages, and expenses (including attorneys’ fees and other legal costs) that may be incurred by the Company as a result of my actions or omissions (or those of my minor child/ward).
  4. Scope of Release: This release applies to any and all claims, whether resulting from ordinary negligence, gross negligence, strict liability, breach of contract, breach of any duty of care, or any other act or omission.
  5. No Vicarious Liability: The Company shall not be held vicariously liable for the negligent or intentional acts of any person or entity not employed by the Company, nor for the negligent or intentional acts of its employees committed outside the course or scope of their employment.


7. ALCOHOL AND ILLEGAL SUBSTANCES

  1. I understand that using, consuming, or being under the influence of alcohol or any illegal substance prior to or during the Activities significantly increases the inherent risks.
  2. If I choose to consume alcohol or use any substance that may impair my abilities, I assume and accept all resulting risks (including injury, death, or property damage), and I will indemnify the Company from any liability to third parties for damage or personal injury caused by my impaired conduct.


8. REMOTE LOCATION, MEDICAL TREATMENT, AND EXPENSES

  1. Remote Location: I acknowledge and understand that the Activities may take place in remote locations or areas where medical care and evacuation may be significantly delayed.
  2. Medical Support: While the Company may offer aid stations, support vehicles, or medical personnel at various points along the route, I acknowledge that immediate or comprehensive medical care may not be available. I accept full responsibility for any costs associated with evacuation or additional treatment if I am injured or unable to continue.
  3. Health Status Disclosure: I affirm I have disclosed all relevant medical conditions to the Company (including allergies, medications, or physical/mental conditions that may affect participation).
  4. Consent to Medical Treatment: In the event I require medical assistance, I authorize the Company, guides, or any associated medical personnel to administer or secure emergency medical treatment (including evacuation). I accept responsibility for all related costs.
  5. Transmissible Diseases: I acknowledge that traveling and participating in group activities can involve exposure to communicable diseases (e.g., COVID-19). I will follow any health or safety protocols imposed by the Company or local authorities. I release and agree to hold the Company harmless from any claim related to the transmission of any communicable or contagious disease.
  6. Medical Expenses: I understand I am solely responsible for all costs related to my medical treatment, evacuation, and any additional expenses incurred due to changes in itinerary or other circumstances beyond the Company’s control.


9. THIRD PARTIES SUPPLIERS

  1. Network of Suppliers: The Company contracts with various third-party suppliers, providers, sub-contractors, and independent entities (collectively “Third Party Suppliers”)—including, but not limited to, accommodations, activity providers, airlines, transfer companies, local guides, and government agencies—to facilitate or provide services for the Activities.
  2. Agency: In many instances, the Company acts only as an agent for these Third Party Suppliers. These suppliers may also engage sub-contractors or local operators.
  3. No Warranty on Acts/Omissions: Although the Company makes efforts to select reputable Third Party Suppliers, it cannot accept responsibility for their acts or omissions (whether negligent, willful, or otherwise). Services offered by Third Party Suppliers may be subject to separate terms and conditions, which you may be required to sign. Such terms could limit or exclude the supplier’s liability.
  4. Food or Beverage Risks: You acknowledge that consuming food or beverages provided by—or purchased through—Third Party Suppliers may pose risks of food poisoning or other food- or waterborne illnesses. The Company does not guarantee the standards, safety, or hygiene of any meals or drinks served by Third Party Suppliers.
  5. Compliance with Local Laws: Third Party Suppliers are required to comply with the local laws of the countries in which they operate. The Company makes no warranty that such suppliers comply with the laws of your country of residence or any other jurisdiction.
  6. Disputes: Any dispute you have with a Third Party Supplier is solely between you and that third party. The Company has no obligation to intervene in, defend, or resolve such disputes on your behalf.


10. GOVERNING LAW AND BINDING ARBITRATION

  1. Governing Law: This Agreement shall be governed, construed, and enforced in accordance with the laws of Ecuador, without regard to conflict-of-law principles.
  2. Venue/Jurisdiction: Any litigation or arbitration arising out of or related to this Agreement shall take place solely in Ecuador.
  3. Binding Arbitration: I agree that any dispute concerning or relating to this Agreement or the Activities shall be resolved exclusively by binding arbitration in accordance with the Arbitration and Mediation Center of the Chamber of Commerce of Quito, not by a lawsuit or resort to court process, except as applicable law provides for judicial review of arbitration proceedings.
  4. Trail By Jury Waiver: I understand I am waiving my right to a trial by jury.


11. SEVERABILITY AND SURVIVIAL

  1. Severability: If any portion of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  2. Survival: The acknowledgments, releases, and assumptions of risk in this Agreement survive completion or termination of the Activities.


12. TERMS OF AGREEMENT AND DURATION

  1. I understand this Agreement is continuous in nature and applies each time I engage in any Activities with the Company, at any location, now or in the future, until explicitly revoked in writing by me and acknowledged by the Company.


13. KNOWING AND VOLUNTARY EXECUTION

  1. I certify that I have had sufficient opportunity to read and understand the entire Agreement, have consulted with legal counsel if I wished, and agree to be bound by its terms.
  2. I confirm I am at least 18 years of age (or the parent/legal guardian signing on behalf of a minor) and that I have the legal capacity to enter into this Agreement.
  3. Disclaimer: I understand this Agreement and all related information do not constitute legal or medical advice. I am responsible for consulting appropriate professionals for counsel on these matters if I so choose.
First Participant's Name
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Tenth Participant's Name
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Parent or Guardian's Email Address
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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