1. ASSUMPTION OF ALL RISK.
I understand that boating and associated water activities (including, but not limited to: swimming, diving, freediving, fishing, jumping or diving into a body of water) (hereinafter referred to as the “Activities”) are inherently dangerous. I further understand that there is a significant risk of serious physical injury, including paralysis and death, as well as other damages inherent in boating and the Activities and in my (or any minor for whom I am the parent, guardian or otherwise responsible) (hereinafter referred to as the “Minor”) use of any boat owned, operated or supplied by Baja Adventure Co. and PROMOCIONES Y OPERACIONES TURISTICAS BACO S DE RL DE CV (hereinafter referred to as “Boat”) and participation in any Activities. These risks and hazards can include, but are not limited to, drowning, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part of the Boat and/or apparatus used for Activities; defective, slippery, worn, or uneven decks, flooring or pads; electrocution; laceration or death caused by, among other things, boat propeller(s); strained or sprained muscles, joints and connective tissue; broken bones; personal injury, including paralysis, death, illness, property damage, and other losses. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me (or the Minor)
I THEREFORE CERTIFY THAT I (OR THE MINOR) UNDERSTAND(S) BOATING AND THE ACTIVITIES EXPOSE ME (OR THE MINOR) TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME AND ACCEPT ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY (OR MINOR’S) PARTICIPATION IN THE ACTIVITIES.
2. WAIVER OF LIABILITY AND INDEMNIFICATION / PHOTO RELEASE
In consideration of, and as partial payment for, the right to use the Boat and participate in any of the Activities, I HEREBY RELEASE BAJA ADVENTURE CO. and PROMOCIONES Y OPERACIONES TURISTICAS BACO S DE RL DE CV FROM ALL CLAIMS AND LIABILITIES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, CLAIMS OF NEGLIGENCE ON THE PART OF THE RELEASED PARTIES THAT MAY ARISE FROM MY (OR THE MINOR’S) PARTICIPATION IN ANY ACTIVITIES. I EXPRESSLY AGREE NOT TO SUE THE RELEASED PARTIES AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST THE RELEASED PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ON THE PART OF THE RELEASED PARTIES ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN ANY ACTIVITIES. FURTHERMORE, I EXPRESSLY AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES FROM ALL ASSERTED CLAIMS AND LIABILITIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ON THE PART OF THE RELEASED PARTIES ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN ANY ACTIVITIES. I EXPRESSLY ACKNOWLEDGE THAT INSIGNING THIS AGREEMENT, I AGREE TO DEFEND AND INDEMNIFY THE RELEASED PARTIES FROM ALL ASSERTED CLAIMS AND LIABILITIES ARISING FROM ALL ACTS OR OMISSIONS, INCLUDING THOSE OF THE RELEASED PARTIES’ OWN NEGLIGENCE, THAT THE MINOR, IF APPLICABLE, EVER HAD OR MAY HAVE ARISING FROM THE MINOR’S PARTICIPATION IN ANY ACTIVITIES.
I FURTHER IRREVOCABLY GRANT BAJA ADVENTURE CO. and PROMOCIONES Y OPERACIONES TURISTICAS BACO S DE RL DE CV, PERMISSION AND/OR A ROYALTY-FREE WORLDWIDE LICENSE TO USE MY LIKENESS (AND THE MINOR’S) IN ANY PHOTOGRAPH AND/OR OTHER DIGITAL MEDIA WITHOUT PAYMENT OR ANY OTHER FORM OF CONSIDERATION FOR PURPOSES OF IT’S OWN ADVERTISING AND/OR MARKETING.
3. I AM PHYSICALLY QUALIFIED TO PARTICIPATE.
I certify that I (and the Minor, if applicable) have no physical limitations or medical conditions that would impair my (or their) ability to fully and safely participate in the Activities. I agree to inform the Boat captain of any conditions that may have any effect on my (or their) ability to fully and safely use the Boat or participate in any Activities prior to boarding the Boat, so that a determination can be made as to the proper course of action.
5. BINDING AGREEMENT.
The parties to this Agreement intend the Agreement to be binding, to the fullest extent of the law, on all parties signing below, including any Minor on whose behalf a Parent/Guardian has signed, if applicable, and all their respective successors, heirs, executors, administrators, and family.