EXTRACONTRACTUAL CONTRACTUAL CIVIL LIABILITY AGREEMENT
The purpose of this agreement is to make known the obligations and duties of each of the parties, as well as the civil, contractual and extra-contractual liability associated with the provision of the services and use of the establishments of AZUERO ADVENTURES, dedicated to the activities of HIKING, HORSE RIDING, KAYAK, STAND UP PADDLE, SURF, 4x4, DIVING, FISHING, WHALE WATCHING, SEA TURTLE WATCHING, AND CAMPING. It is the obligation of the company AZUERO ADVENTURES, to inform the participants of the regulations and security measures that are taken into account to carry out any of the aforementioned activities, on the other hand, it is the participant’s obligation to read, understand and comply with the stipulations and indications in the present agreement carefully in order to anticipate any eventuality and be clear about the responsibility of each of the parties.
The practice of the activities described above entail the possibility of suffering minor and / or serious physical injuries, or even death, therefore, it is a free and spontaneous decision to practice them.
Among the subscribers, AZUERO ADVENTURES , who for the purposes of this document will be called the OPERATOR; and ………………………………………… .., with identification number ……………………………………………., which for the purposes of this contract will be called the PARTICIPANT, this agreement provides the terms by which the OPERATOR it is exempted from contractual or extra-contractual civil liability, arising from the provision of services by the OPERATOR and the claim of any collection or compensation for the practice of HIKING, HORSE RIDING, KAYAK, STAND UP PADDLE, SURF, 4x4, DIVING, FISHING, WHALE WATCHING, SEA TURTLE WATCHING, CAMPING, and related activities , including other related sports, namely:
FIRST: It is understood that the OPERATOR, provides the conditions and equipment necessary for the practice of the aforementioned activities, understood as employees, instructors, agents, maintenance people, owners of the land used to practice HIKING, HORSE RIDING, KAYAK, STAND UP PADDLE, SURF, 4x4, DIVING, FISHING , WHALE WATCHING, WATCHING OF SEA TURTLES, AND CAMPING among others. Furthermore it is understood that the PARTICIPANT utilizes the services and / or use of the facilities of the operator where the following sports are practiced: HIKING, HORSE RIDING, KAYAK, STAND UP PADDLE, SURF, 4x4, DIVING, FISHING , WHALE WATCHING, WATCHING OF SEA TURTLES, AND CAMPING among others.
SECOND: The PARTICIPANT declares to know that HIKING, HORSE RIDING, KAYAKING, STAND UP PADDLE, SURF, 4x4, DIVING, FISHING, WHALE WATCHING, SEA TURTLE WATCHING, CAMPING and some other sports related to these activities are sports that have a risk and that they imply an inherent danger, which cannot be completely eliminated even when there is some degree of prevention, care, precaution, instruction or experience. The participant knows and understands the range, nature, and extent of the risks involved in the activities contemplated in this contract. In these sports, unforeseen events may arise from which no responsibility can be derived from either party, due to the fortuitous nature of activities known to the participant. The participant accepts the risks and possible consequences and assumes voluntarily and freely the responsibility for all the risks and dangers involved in the practice of HIKING, HORSE RIDING, KAYAKING, STAND UP PADDLE, SURF, 4x4, DIVING, FISHING, WHALE WATCHING, WHALE WATCHING SEA TURTLES, CAMPING among others.
THIRD: THE PARTICIPANT by means of this contract releases the OPERATOR from all contractual or extra-contractual civil liability or penalty for any damage or injury, death, natural, moral or economic damage, derived from these sports activities. Likewise, it waives all types of compensation, claims, demands or actions for damages derived from the agreed activities, including the practice, transport, entertainment, competition, and any other act that is carried out during the development of these activities or sports.
FOURTH: THE PARTICIPANT, as well as their heirs, administrators, guardians or curators, waive a lawsuit or similar legal action against THE OPERATOR, originated in the activities that the contract deals with.
FIFTH: This contract is in force from the moment it is signed and continues to be in force for as long as the PARTICIPANT carries out the activities within the contract or throughout the duration of the services rendered. In case of a refund by the OPERATOR, the refund will be made to the holder of the reservation, which will be effective once the OPERATOR contacts the PARTICIPANT. In the event that the cancellation is made by the PARTICIPANT, it will be taken into account that requests for refund of money are only accepted due to unforeseeable circumstances, force majeure or medical incapacity.
SIXTH: If the PARTICIPANT suffers from any disease or ailment that does not allow them to practice the activities within this contract or fraudulently conceals it or lies when answering about medical restrictions, the OPERATOR is not responsible for the consequences that are generated by the practice of these activities. The PARTICIPANT understands that in order to practice the activities within this contract, they must be carried out in sound mental and physical sense. It is forbidden to perform them under the influence of alcohol and / or psychotropic substances.
SEVENTH: When the person wishing to practice any of the aforementioned activities, is under 18 years of age, they must be accompanied or authorized in writing by their parents or guardian, who will sign this contract on behalf of the minor, assuming after reading it, in their capacity as parents or guardians, any responsibility for the practice that your child performs in any of the activities mentioned here.
EIGHTH: By participating or attending any activity related to this program, whether inside or outside the facilities, the PARTICIPANT gives their consent to the use of photographs, images, films or videos taken or provided by the OPERATOR for advertising, promotion , television, websites or any other use, and expressly waives any right to privacy, compensation, copyright or other property rights related thereto.
I HAVE READ THIS AGREEMENT CAREFULLY AND THE ATTACHED RECOMMENDATIONS, I UNDERSTAND AND FULLY ACCEPT ITS CONTENT, KNOWING AND ASSUMING THE RISKS THAT ARISE FROM THIS AGREEMENT, SIGNING FREELY AND VOLUNTARILY DECLARING THAT I AM OF LEGAL AGE (OVER 18) AND THAT I DO NOT HAVE ANY IMPEDIMENT TO CARRY OUT THESE ACTIVITIES.
In Cambutal being the ………………… of the month of ……………… year ……………….