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LIABILITY RELEASE AND WAIVER FORM


Please read and complete this Liability Release and Waiver Form (“Waiver”) carefully before participating in any activities provided by Cumpleaños VIP, LLC (including d/b/a “VIP Jetski Adventures” or “Cataño Watersports”) (hereinafter “Company”) in Puerto Rico. The term “I” refers to the participant described above and signatory below.


By initializing the terms and conditions 1 through 14 and signing this Waiver, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OUTLINED BELOW.  I ALSO ACKNOWLEDGE HAVING HAD ADEQUATE TIME TO CAREFULLY READ THIS WAIVER BEFORE SIGNING IT.  I ALSO WARRANT THAT I AM THE PERSON SIGNING THIS WAIVER.  IF I SIGN THIS WAIVER ON BEHALF OF ANOTHER PERSON AND A COURT OF LAW DETERMINES THAT THE WAIVER IS NOT ENFORCEABLE, I (THE SIGNATOR) WILL BECOME PERSONALLY LIABLE TO THE COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW FOR ALL OF THE COMPANY’S ECONOMIC AND OTHER LOSSES SUSTAINED AS A RESULT OF ITS INABILITY TO ENFORCE THIS WAIVER. 




1. Assumption of Risks: I understand that participating in watersports activities (“Activity”), including but not limited to jet skiing, rental of equipment, paddle boarding, kayaking, and snorkeling, involves inherent risks and dangers, which may be caused by anyone (including other participants) or anything, and such risks include, but are not limited to, serious bodily injury, broken bones or limbs, dismemberment, damage to internal organs, drowning, sunburn, injury from various waterborne organisms (including fish, mammals, birds and invertebrate organisms), slipping in wet or other slippery surfaces, seasickness, dehydration, bumps, bruises, cuts, sprained muscles and ligaments, property damage, paralysis, paraplegia and even death. I VOLUNTARILY ASSUME ALL SUCH RISKS AND DANGERS ASSOCIATED WITH THESE ACTIVITIES AND I WILL NOT HOLD LIABLE COMPANY, OR ANY OF ITS AFFILIATED ENTITIES, INCLUDING THEIR RESPECTIVE OFFICERS, OWNERS, INSURERS, EMPLOYEES, AND AGENTS, FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE I MAY SUSTAIN WHILE PARTICIPATING IN THE ACTIVITIES PROVIDED BY COMPANY. 



2. Physical Fitness and Health: I certify that I am physically fit and in good health to participate in the watersports activities provided by the Company. I acknowledge that I have no medical conditions or disabilities that would prevent me from safely participating in these activities. If I have any concerns about my physical fitness or health, I will consult with a medical professional before participating.


3. Safety Instructions and Guidelines: I agree to follow all safety instructions and guidelines provided by the Company's staff and instructors. I understand that failure to comply with these instructions may result in injury, property damage, or other harm to myself or others.



4. Release of Liability: In consideration of being allowed to participate in the rental of equipment, excursion, voyage, tours or any watersports activities provided by the Company, I HEREBY FOREVER RELEASE, ACQUIT AND DISCHARGE COMPANY, ALL OF ITS AFFILIATED COMPANIES, INCLUDING THEIR RESPECTIVE OFFICERS, OWNERS, INSURERS, EMPLOYEES, AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION EITHER IN LAW, ADMIRALTY OR EQUITY, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY OCCUR AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES PROVIDED BY COMPANY, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ARISING FROM THE NEGLIGENCE OR FAULT OF THE COMPANY OR ITS EMPLOYEES OR AGENTS, WHETHER PASSIVE OR ACTIVE, BUT ALWAYS EXCLUDING FROM THIS RELEASE ANY CLAIMS FOR GROSS NEGLIGENCE OR INTENTIONAL CONDUCT TO CAUSE HARM. 



5. Indemnification: I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS AFFILIATED COMPANIES, INCLUDING THEIR RESPECTIVE OFFICERS, OWNERS, INSURERS, EMPLOYEES, AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION BROUGHT AGAINST THEM BY ME, MY FAMILY, ESTATE, HEIRS, ASSIGNS OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO MY ENROLLMENT AND PARTICIPATION IN THE VOYAGE, EXCURSION, RENTAL OF EQUIPMENT, TOUR OR WATERSPORTS ACTIVITIES PROVIDED BY THE COMPANY.



6. Fitness to Participate: I warrant to the Company that the I do not have any physical limitations, medical ailments, or any physical or mental disability that would limit or prevent me from participating in the activity I intend to participate. Moreover, I warrant that during my participation in the activities provided by Company, I will not be under the influence of alcohol, drugs, medications, or substances that could affect my motor or visual skills, or cause any other impairment.  I warrant that I am not pregnant, recovering from surgery, and that I do not or have not ever suffered from heart, back or neck pain or ailments.



7. Photography and Video Release: I grant COMPANY the right to take photographs and videos of me during the watersports activities for promotional and marketing purposes. I understand that these photographs and videos may be used in various media platforms without any compensation to me.


 


8. Choice of Providers: The Participant acknowledges that he/she freely, consciously and voluntarily chose the Company, among other providers of similar watersports activities, as his/her provider of watersports activities.



9. Governing Law and Jurisdiction; waiver of right to a jury trial: This Waiver shall be governed by and construed in accordance with federal admiralty and maritime law, as recognized in the United States of America. Any disputes arising out of my participation in the activities provided by Company, or related to this Waiver, shall be subject to the exclusive jurisdiction of the United States District Court for the District of Puerto Rico, to the exclusion of any other forum of competent jurisdiction.  Moreover, I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A JURY TRIAL, AND IF I FILE A LAWSUIT, I WILL NOT REQUEST A TRIAL BY JURY.



10. Full and Final Settlement: I acknowledge and agree with the Company that: (1) the Company has given me sufficient time to carefully read and analyze this Waiver and its legal implications, (2) I understand the risks and claims that I am waiving as a condition to my participation in the activities provided by Company, (3) I am freely and voluntarily executing this Waiver, and (4) I am forever prevented from suing or otherwise submitting a claim against the Company for any property loss, personal injury or death that I may sustain while participating in or preparing for the activity provided by Company.


 


11.   I acknowledge that if I have paid any amounts to Company as a deposit or partial or full payment for the activity I intended to participate on, and when asked to sign this waiver I refuse, I will receive a full refund of all payments made.



12.  In case of an emergency, I irrevocably authorize all efforts to ensure my medical treatment and consent to receive any and all necessary medical treatment and invasive procedures with the purpose of healing and/or stabilizing or preserving my life.  I personally guarantee 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 provided by Company.



13. I further state that I am of lawful legal age (21 years or older) and legally competent to sign this Waiver, or that I have acquired the written consent of my parent or guardian, as shown below. I also acknowledge that I am versed and proficient in the English language, both orally and in written form.



14.  In the event any part of this agreement is declared null, illegal, or invalid by a court, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or limited.

I HAVE CAREFULLY READ AND UNDERSTOOD THIS LIABILITY RELEASE AND WAIVER FORM; I UNDERSTAND THAT ITS TERMS ARE CONTRACTUAL AND NOT A MERE RECITAL, AND I VOLUNTARILY SIGN IT ON BEHALF OF MYSELF  (OR MY UNDERAGE CHILD) AND MY (AND MY CHILD’S) HEIRS, WITH FULL KNOWLEDGE OF ITS CONTENTS AND LEGAL SIGNIFICANCE.

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Age
Age
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Second Participant's Age
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Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Age
Age
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Age
Age
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Age
Age
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Age
Age
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Age
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Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Age
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Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Age
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Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Age
Age
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Age
Age
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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