I, ___________________________________, being an adult, (or a minor on whose behalf a parent or legal guardian is signing this document) (hereafter “I” or “me”), acknowledge that:
1) I Know How To Swim And To Maintain Buoyancy In Open Water, And I Am In Good Health: My swimming skills are above those of a novice and I can maintain my head above water when my feet do not make contact with the bottom for extended periods of time. Likewise, I am in good physical and mental health, I am not under the influence of any drugs, alcohol, or other substances which may impair my swimming skills or my ability to take and follow instructions. I am not pregnant nor am I suffering from any spinal or skeletal defect, hearing, vision or balance impairment or other physical impairment. I understand that the foregoing representations as to my physical condition are being relied upon by GALAPAGOS SURF DISCOVERY. I hereby agree to follow all rules, regulations, and instructions of GALAPAGOS SURF DISCOVERY while participating in this activity, or while renting equipment from GALAPAGOS SURF DISCOVERY.
2) I Acknowledge That Paddleboarding and Kayaking May Be Dangerous And I Accept And Assume Such Risk: I acknowledge that I have voluntarily chosen to participate in this activity with GALAPAGOS SURF DISCOVERY, or if the individual participating is a minor, I have, as the minor’s parent or legal guardian, voluntarily consented to such minor’s participation. I know and fully understand that water sports such as paddleboarding and kayaking happen in an uncontrolled natural environment with inherent risks and hazards, where serious accidents can occur, participants can sustain property damage, injuries, illness and even die. I acknowledge and willingly and voluntarily assume all risks and hazards while paddleboarding or kayaking and during all related activities from the transportation to the site, safety briefing, paddling, and snorkeling, including, but not limited to those involving (1) loss of control of the paddleboard or kayak or other equipment, malfunction of the paddleboard or kayak or other equipment, falls from the paddleboard or kayak or other equipment, collision with other participants, equipment, rocks, and any other manmade or natural obstacles, whether obvious or not; (2) judgment, decision making and conduct of the assistant/guide; (3) submersion in water, drowning; (4) encounters with animals, marine life, plant life, rocks and insects; (5) exposure to outdoor ocean environment, bacteria or microbes, extreme temperatures, sun, and inclement weather, including travel by foot or vehicle in any way related to this activity; (6) assistance in lifting and/or carrying the paddleboarding or kayaking equipment; (7) rescue-related injuries; and (8) unavailability of immediate and appropriate medical attention in case of injury. I understand and acknowledge that the above list is not meant to be complete or exhaustive; that other unforeseen and unanticipated risks, known or unknown, may also exist and result in damage, injury, illness, or death.
3) Responsibility For Additional Costs And Equipment Rented: I understand that I am responsible for any costs not included explicitly in the description of the activity. I have reviewed each piece of equipment that I am renting to ensure it is in good condition. I understand that I will be charged its real value in case of damage or loss.
4) I Waive My Right To Sue GALAPAGOS SURF DISCOVERY: In consideration for GALAPAGOS SURF DISCOVERY agreeing to provide me with equipment rental, instructions and/or allowing me to participate in this activity, I agree that I shall not make a claim or bring any action against, sue, or hold responsible GALAPAGOS SURF DISCOVERY, its owners, officers, agents, employees, associates, representatives, (referred to collectively in this agreement as “GALAPAGOS SURF DISCOVERY”) or expect, require, or pursue them, to be held accountable for any damages. I voluntarily agree to release, discharge, and hold harmless GALAPAGOS SURF DISCOVERY from and against any and all claims of liability, even those arising out of their negligence, fault, recklessness, or any other act or omission which causes me damages, property damage, illness, personal injury, disease, or death, of any nature in any way connected with my participation in this activity. I also expressly agree to release and discharge GALAPAGOS SURF DISCOVERY from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency or medical services.
5) Indemnity: I further agree, to hold harmless, defend, and indemnify GALAPAGOS SURF DISCOVERY from all defense costs, including attorney’s fees incurred in connection with any claims arising from the activities anticipated herein, including but not limited to those for bodily injury, wrongful death, or property damage, whether caused by or sustained by any minor under 18 years of age on whose behalf I am signing, or which I may have caused to spectators or other third parties, whether negligent or not, in the course of my participation in this activity.
6) Permission to Obtain Medical Assistance: In the event of any injury, illness, emergency, accident or other harm sustained by me (or by the minor on whose behalf I am signing this document), I hereby give GALAPAGOS SURF DISCOVERY permission to obtain Medical Assistance, in which event I hereby make the same releases and waivers in GALAPAGOS SURF DISCOVERY’s favor as I have otherwise made in this agreement in connection with any such medical assistance sought or not sought. In addition, the expenses for any such medical emergency shall be my sole responsibility and not that of GALAPAGOS SURF DISCOVERY.
7) Responsibility for the conservation of Galapagos National Park: I understand the rules and the importance of conservation of the Galapagos Marine Reserve where this activity will take place and I promise to abide by these regulations during the activity.
8) I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND IT IS MY INTENTION THAT IT BE BROADLY CONSTRUED IN FAVOR OF GALAPAGOS SURF DISCOVERY IN THE EVENT OF ANY AMBIGUITIES, WHICH SHALL BE RESOLVED IN GALAPAGOS SURF DISCOVERY’S FAVOR. I UNDERSTAND THAT I AM ASSUMING ALL THE RISKS INHERENT IN THIS PADDLEBOARDING OR KAYAKING ACTIVITY, AND THAT I MAY BE INJURED OR EVEN DIE AS A RESULT OF MY PARTICIPATION. I UNDERSTAND THAT THIS IS A RELEASE OF ANY AND ALL CLAIMS. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN ME AND GALAPAGOS SURF DISCOVERY, AND THAT NO REPRESENTATIONS HAVE BEEN MADE TO ME BY GALAPAGOS SURF DISCOVERY OUTSIDE OF THIS AGREEMENT. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF ALL THE PROVISIONS IN THIS RELEASE AND MY AGREEMENT TO BE BOUND BY THEM.
Full Name of Participant ___________________________________________________________
Name of parent/guardian (in case of minor participant) ___________________________________
Passport (nationality / number) ______________________________________________________
Signature __________________________________ Date _______________________________
Email _____________________________________ Phone ______________________________