RELEASE OF LIABILITY AND ASSUMPTION OF ALL RISKS AGREEMENT
Please Read Carefully: This Is a Legally Enforceable Waiver of Rights
ASSUMPTION OF RISKS
I acknowledge that I am voluntarily participating in a trip, tour, or expedition organized by UNCHARTED EXPEDITIONS.
I understand that travel to foreign countries and/or remote areas visited by these trips involves numerous risks and dangers, including, but not limited to, the forces of nature, civil unrest, terrorism, roads, trails, hotels, vehicles, boats, airplanes, unpredictable wild animals, and other means of conveyance which may not be operated or maintained to standards common in the United States.
I further understand that risks may include decompression sickness, any type of illness, limited or delayed access to medical care, limited availability of medical supplies, the adequacy of medical attention once provided, and negligence on the part of UNCHARTED EXPEDITIONS or its agents or associates.
I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activities beyond the safety of everyday life and work, and that these inherent risks contribute to such enjoyment and are a reason for my voluntary participation.
I hereby voluntarily accept any and all risks of illness, injury, emotional trauma, or death associated with my participation in the trip, tour, or expedition.
RELEASE OF LIABILITY
As lawful consideration for being permitted by UNCHARTED EXPEDITIONS to participate in such trips and activities, I hereby agree that I, my heirs, and legal representatives, or any member of my family, will not make a claim against or sue UNCHARTED EXPEDITIONS or any of its affiliated agents or employees for bodily injury, death, emotional trauma, or property damage resulting from my participation in the trip, tour, or expedition.
I therefore release and discharge UNCHARTED EXPEDITIONS and its agents and employees from and against any and all liability arising from my participation in the trip, tour, or expedition, even though that liability may arise out of negligence or carelessness on the part of UNCHARTED EXPEDITIONS or its affiliated agents, associates or employees.
RELEASED PARTIES
I understand that the purpose of this agreement is to exempt and release UNCHARTED EXPEDITIONS, its owners, employees, crew, designees, agents, sponsors, volunteers, and advertisers, as well as all involved boats and other means of transportation, whether owned, operated, leased, or chartered, and to hold these entities and individuals (the “Released Parties”) harmless from any and all liabilities arising as a result of any acts or omissions on their part, including, but not limited to, active or passive negligence or negligence of any type.
KNOWING AND VOLUNTARY AGREEMENT
I have carefully read and fully understand the contents of this agreement, including the conditions regarding responsibility borne by trip participants and conditions regarding cancellations and refunds.
I am aware that this is a release of liability and a legally binding and enforceable contract between myself and UNCHARTED EXPEDITIONS, and I agree to it of my own free will.
UNCHARTED EXPEDITIONS strongly recommends that participants purchase travel insurance, as we cannot offer refunds for reasons such as trip cancellation or travel delays.
GOVERNING LAW AND JURISDICTION
To resolve any dispute arising from the interpretation, compliance with, or performance of this Agreement, the parties submit to the laws of Baja California Sur, México, and to the courts of Los Cabos, Baja California Sur, México.
The parties agree to waive any venue they may be assigned as a result of their present or future addresses, or for any other reason.
The parties, being aware of the content, effect, and binding force of this Agreement, execute the Agreement in Baja California Sur, México.
ACCEPTANCE
By checking the acceptance box associated with this agreement on the Uncharted Expeditions guest form, I confirm that I have read, understood, and voluntarily agree to this Release of Liability and Assumption of Risk Agreement, and acknowledge that it constitutes a legally binding agreement between myself and UNCHARTED EXPEDITIONS.
This agreement must be accepted by each individual participant prior to participating in any Uncharted Expeditions trip, tour, or expedition.
PARENT OR GUARDIAN OF A MINOR
If the participant is a minor, the parent or legal guardian must provide consent and agree, individually and on behalf of the minor, to all the terms established in this agreement.