I, do hereby affirm and acknowledge that I have been Equipment related to the activities, and traveling to and from activity sites, in which I am about to engage. Inherent hazards and risks include but are not limited to: 1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death. 2. Falling, causing broken bones severe injuries to the head, neck and back which may result in severe impairment or even death. 3. All "act of nature," including but not limited to avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions. 4. Risks associated with crossing, climbing or down-climbing of rock. 5. Risks associated with river crossings, fording’s, or portaging. 6. Possible equipment failure and/or malfunction of my own or others' equipment, which may have been rented, borrowed, or personally owned. 7. My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of Including but not limited to operator failure. 8. Heat related injuries and illness including but not limited to heat exhaustion, heat stroke, sunburn, Hypothermia and dehydration. 9. Attack by or encounter with insects, reptiles, and/or animals. 10. Accidents or illness occurring in remote places where there are no available medical facilities. 11. Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident 12. My sense of balance, physical coordination, and ability to follow instructions. *I understand the description of these risks is not complete and that unknown or unanticipated risks may result in Injury, illness, or death. Release of Liability, Waiver of Claims and Indemnity Agreement I consideration for being permitted to participate in any way in hiking and related activities, I hereby agree, acknowledge and appreciate that: 1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named SAN JUAN TOURS LLC persons or entities, herein referred to as releases. 2. To release the releases SAN JUAN TOURS LLC, their officers, directors, employees, representatives, agents, and volunteers, from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or Wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By executing this Document, I agree to hold the releases harmless and irldemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities. 3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. 4. I agree and accept that this document, as well as any claim, demand, litigation or legal procedure related to it will be subject to, and will be interpreted exclusively in accordance with, the laws of the Commonwealth of Puerto Rico, and that any such procedure shall be it will air exclusively in the state courts of the Commonwealth of Puerto Rico, and that any such procedure shall be it will air exclusively in the state courts of the Commonwealth of Puerto Rico. In the event that any part of this agreement is declared void, illegal or is rendered ineffective by a court, the validity, legality and applicability of the remaining provisions established herein will not be affected or limited in any way. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Date: April 25, 2025
|