Liability Waiver
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Certified Interpretive Tour Guide Service for the EcoSensitive Traveler
Instructions

  1. Before booking your trip, please read this page.
  2. Fill out the form if you agree with this Liability Waiver.
  3. The person who fills the information is acting on behalf of all the participants in selected tour/s.
  4. By sending this Liability Waiver, you also agree with our Terms and Conditions.
  5. Review required fields.
  6. Hit the Submit button.
  7. Once we receive the email with this electronic acceptance, we will send you a copy for your
    records.
II hereby grant permission to Audubon to reproduce
my/my child’s appearance, name, likeness, voice and
biographical information in connection with the
Program in any and all manners, including
promotional materials,
and any and all media, including the Internet,
throughout the world and in perpetuity.
I expressly release Audubon, its officers, directors,
employees, agents licensees, successors and assigns
from
and for any and all claims, demands or causes of
action which I have or may have for (i) libel,
defamation,
invasion of privacy or right of publicity arising from
Audubon’s use of my/my child’s appearance, name,
likeness, voice and biographical information, including
but not limited to, the distribution, broadcast or
exhibition thereof or (ii) on account of any loss,
damage, or injury to person or property suffered or
incurred
by me/my child, except by Audubon’s negligence, in
connection with any aspect of my child’s participation
in
the Program or in any Program-related activity,
including any transportation arranged by, paid for or
provided by Audubon.
This release shall be binding upon me and my heirs,
next of kin, executors, administrators and assigns. By
signing
below (or clicking the checkbox for the online form for
Audubon’s Baltimore Birding Weekend), I acknowledge
that I have thoroughly read and understand this form
and that the statements I have made are all true.
Adult/Parent/Guardian Signature:
.
  • When you book and pay your non-refundable deposit or
    full payment of a tour you with AdvenTours / Birding
    PUERTO RICO you acknowledge that your participation in
    our activities entails known and unanticipated risks that
    could result in physical or emotional injury, paralysis,
    death, or damage to yourself, property or third parties.
    You also understand that such risks simply cannot be
    eliminated without jeopardizing the essential qualities of
    the activity you voluntarily enrolled.

  • AdvenTours / Birding PUERTO RICO acts only as agent
    of the hotels, shuttle, tour companies (kayaks, boats,
    bicycles, diving, snorkeling, white river rafting, body
    rafting, caving, spelunking, and any other related activity),
    restaurants or owner or contractors, or by persons in their
    employ, providing accommodations, transportation, tours,
    outdoor activities or other services.

  • AdvenTours / Birding PUERTO RICO, owner, tour guides
    and/or drivers  are not responsible or liable for any act,
    injury, loss, death, accident, damage, delay, omission,
    irregularity or non-performance occurring in connection
    with these arrangements.

  • AdvenTours / Birding PUERTO RICO reserves the right to
    decline or retain any person(s) as member of the tour at
    any time.

  • In case of any claim, only local Laws will apply on any
    legal issue and should be resolve only in local court in
    Puerto Rico).  All expenses, including ours and our
    guides and/or drivers, should and will be paid by the
    person, agency, company or legal firm who starts the
    complaint no matter Judge´s decision on the case.

  • By signing provided waivers, you acknowledge that you or
    any anyone from your group is hurt or property is
    damaged during your participation in any of our activities,
    you will be found by a court of Law to have waived your
    right to maintain a lawsuit against AdvenTours / Birding
    PUERTO RICO, our guides and/or drivers or any of the
    companies that we act as agents, on the basis of any
    claim from which you have released us.  Henceforth, when
    you pay for our services you agree to participate in our
    activities and use, if applicable, our equipment and
    facilities, and you further agree to indemnify and hold
    harmless AdvenTours / Birding PUERTO RICO from any
    and all claims which are brought by and which are in any
    way connected with such use or participation in any of our
    activities.

  • For people looking for a trip while you are already in
    Puerto Rico, you should read these Terms and Conditions
    before trying to do a last minute booking and complete
    this electronic waiver, no exception.

SEAT BELTS, CAR SEATS, WHEELCHAIRS, WALKERS

  • Local Laws require the use of the seat belt on any
    vehicle, whether you are seated in the front or last row of
    seats.  As a client, you have the responsibility of using the
    seat belt immediately you are inside the vehicle and until
    the engine is off.  If you are part of a birding trip and you
    see a bird you should wait until the driver allows you to
    step out of the vehicle. We are not responsible of any
    injury you might have if you don´t follow these instructions.

  • Local Laws require the use of a car seat for small kids.  
    This requirement is the same one as in the United States.  
    Parents must bring a car seat of each kid according to
    their age, height, and weight.  We will not allow children
    without car seats.

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DISCLAIMMER
REQUEST AVAILABILITY
RESERVATIONS
PAYMENT METHODS
CANCELLATION POLICY
LIABILITY WAIVER
If you agree with these General Terms and Conditions,
please check the
MANDATORY Item "I agree" on the
Availability Request form and write your name initials and
date
on the box provided to the right of the item.
.
To complete your booking process, please fill out this form and hit the SUBMIT button.  
By completing this form, you agree with the five steps of our Terms and Conditions
and/or any special conditions on custom made tours, packages, or group tours.
When purchasing a tour from AdvenTours / Birding PUERTO RICO, I affirm that I fully understood and agreed these General Terms and Conditions, and release AdvenTours / Birding PUERTO RICO, staff, guides, and drivers of any liability.
Participant Acknowledgement of Risks
In consideration of the services of Western River Expeditions, its agents, owners, officers, volunteers, participants, parent, sister or subsidiary corporations including specifically but not limited to Canyon Country
River Adventures Inc. DBA "Moab Adventure Center," employees, sales agents, subcontractors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively "W.R.E."), I hereby
agree to release and discharge W.R.E. on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:

Inherent Risks:  I acknowledge that any water related activity such as rafting entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to
third parties. I understand and acknowledge that the enjoyment and excitement of adventure activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my
normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be
eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety equipment increases my risk of injury or of not surviving an
accident or incident while rafting.

The inherent risks associated with the rafting trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted,
jarred, bounced, thrown to and fro and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other
storage containers, or other fixed equipment necessary to the operation or outfitting of the raft; I recognize there may be foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or
others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the raft may break down or be faulty; it is possible that loss of control of the raft
could occur resulting in collision or capsizing or sinking and that if a raft turns over or flips I could be "washed" overboard; rafts are slippery when wet and are naturally unstable so that I could slip and fall or be
knocked out of the raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or
getting to and from the raft and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the raft or
any portion of it may collide with or encounter other rafts, man-made or natural objects including submerged or semi-submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and
off the raft; changing weather conditions, storms or even lightning are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn,
dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants' ability to react or respond; I understand that exposure to cold water can result in
"cold water immersion" syndrome or "cold shock," hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always
difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in W.R.E.
events/activities.

I specifically acknowledge also that W.R.E. activities may involve camping in rustic and rugged situations which may present  "comfort style" issues for which I accept responsibility. I acknowledge that food
preparation is an integral part of these activities and that I and other participants may be eating in the outdoors or community style environments and that some of the food may not be to my liking; there may be
errors in food storage or preparation that could cause my dissatisfaction and/or illness; I acknowledge my responsibility to inform W.R.E. of any specific food related allergies. Water purification systems may or
may not be used and/or may or may not function correctly; I specifically acknowledge that, in the event I choose to consume alcohol during my trip, I will bear complete responsibility for myself and for any damages
I may cause to W.R.E., its property or to other guests. I acknowledge that my time at W.R.E. events/activities may require me to use equipment (IE - tents, stoves, water filtration, etc.) that I might not be familiar
with and will require me to interact with other guests and participants with whom I am also unfamiliar; any of these things can cause my discomfort and stress and have inherent risks. I acknowledge that I could be
left alone, unsupervised and/or out of contact with a guide/staff person for extended periods of time. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues
which, while they seem open and obvious, also have inherent risks associated with them.

I acknowledge that I may choose to participate in activities that are provided by other vendors or operators (i.e. buses, flights, helicopters) over which W.R.E. has no control. Those activities are incidental to the
activities provided by W.R.E. and may involve errors in judgment by the other vendors or operators for which W.R.E. can bear no liability. W.R.E. is not a "Common Carrier" but rather is in the business of
providing rafting or adventure type trips. Transportation to and from the activity is incidental to the activity. Transport by car, bus or van, in some instances, may be provided by W.R.E. and may involve errors in
judgment by W.R.E. staff operating the vans, buses, cars or other transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or
in the extreme case, death. Furthermore, W.R.E. Guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant's fitness or abilities. They might misjudge
the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically
acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that
decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.

Express Assumption of Risk:  As lawful consideration for being allowed to participate in activities offered by W.R.E., I expressly agree and promise on behalf of myself and any of the children for which I am
responsible, to accept and assume all the risks existing in this activity. My/our participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks. I/we expressly agree and acknowledge
that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of our own free will.

Personal Skill & Insurance:  I certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the activities offered by W.R.E. I further certify
that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be
created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or
suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves.

Medical Issues: I agree on behalf of myself and any of the children for which I am responsible that, in the event that W.R.E. deems it necessary to administer emergency first aid or CPR or to remove me/us from its
activities or premises or from the field or to seek emergency medical care for me/us that, by signing this document, I/we are giving W.R.E. permission to: administer emergency first aid or CPR, secure emergency
transport or medical care and/or disclose any medical information it may have about me/us to any health care provider which may become involved in my/our care, treatment or removal from the field. By signing
this document I/we are waiving any right to object to or bring any type of action or claim against W.R.E. for its administration of emergency first aid or CPR or for securing emergency transport or medical care
and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from W.R.E. activities or the field.

Photographic Assignment:  I understand that the W.R.E. reserves the right to take photographic or film (of whatsoever nature) records of any or all of its activities or trips and on behalf of myself and any of the
children for which I am responsible I/we hereby agree that W.R.E. may use such records for promotional and/or commercial purposes without any remuneration to me. I/we hereby assign all right, title and interest
I/we may have in or to any and all media in which my name or likeness might be used by W.R.E.

Release as Contract and Personal Capacity:  On behalf of myself and any of the children for which I am responsible I expressly agree and acknowledge that the terms and conditions of this Assumption of Risks
Agreement are contractual in nature and that I/we are signing it of my/our own free will. I/we expressly acknowledge that I/we are not under the influence of drugs or alcohol at the time of my/our signing of this
document and that there are no other impediments or reasons why I/we would lack the capacity to enter into this contract with W.R.E.
In case of emergency, please supply the name of the person to call and
a telephone number.

lost and found
STEP 5 – LIABILITY WAIVER
*Minors under 18 years of age should be accompanied by an adult.

*Not suitable for pregnant women, or those with obesity, cardiac
conditions, recent surgeries, physical impediments or prosthesis. Mental
conditions should be under control.

*Must be able to walk on irregular terrain.

*Tours are subjected to weather conditions. For security reasons, they
could be cancelled due to rain and postponed for another date. On this
case, you'll get a rain-check.
* Required fields

ASSUMPTION OF RISK AND LIABILITY RELEASE AGREEMENT
I, *
(type your full name), on behalf of myself and all others traveling with me for whom I am making this booking, acknowledge that I have
voluntarily registered for the private guided tour, scheduled to take place on *
(type date/s of tour). I understand that I may travel to remote areas that are inherently risky and perhaps far from medical care. I am
prepared to, and by signing below agree to, assume the risks associated with this tour including (but not limited to): forces of nature,
wildlife, terrorism, civil unrest, war, accidents, and local transportation including land vehicles, boats, and aircraft. I assume the risks
associated with altitude, illness, disease, physical exertion, and alcohol consumption, knowing that access to evacuation and/or
suitable medical care may not be available. By signing this Agreement, I agree to take full responsibility, at all times, for my own
actions, safety and welfare. I understand I may be a member of a group and will conduct myself in a way that will not endanger the
guide, the group, or myself. I understand that if I falsely represent myself as fit for this trip, I may be removed prior to or during the trip
at my own expense.

I, *
(type your full name), hereby release and discharge RICHARD P. FRAY, and FUN BIRDING TOURS, L.L.C., and its agents and
employees from and against any and all liability arising from my participation in the private guided tour referred to above. I agree this
release will be legally binding upon myself, my heirs, successors, assigns and legal representatives; it is my intention to fully assume
all risk of travel and to release RICHARD P. FRAY, and FUN BIRDING TOURS, L.L.C., from all liabilities to the maximum extent
permitted by law. I intend that this Agreement shall apply to all claims, regardless of whether founded, in whole or in part, on any
negligent act or omission of any of the released parties.

I, *
(type your full name), agree the venue for resolving any controversy or claim arising out of or relating to this Agreement or the
performance of it, including, without limitation, any claim relating to bodily injury, property damage or death, shall be Nogales, Arizona
(Santa Cruz County), U.S.A. I agree any such controversy or claim will be governed by Arizona law. I agree to make a good faith effort
to mediate any such controversy or claim (in the same venue) prior to initiating any litigation. I recognize that mediation is a necessary
prerequisite to a lawsuit. The parties to the mediation will split the cost of the mediator. If they cannot efficiently agree upon the identity
of the mediator, each will select a person skilled in mediation, at each party’s own expense, and those two individuals will select a
neutral third party, who will act as the sole mediator. I recognize and agree that in the event of litigation arising out of or relating to this
Agreement or my performance thereunder, the prevailing party will be entitled to recover its reasonably expended attorney’s fees and
all other related expenses. I acknowledge that my agreements and promises regarding mediation and litigation do not waive or modify
the releases stated above in this Agreement.

Waiver Acceptance: *
(type Yes)

Waiver Signature: *
(type your full name)

Email: *
(type your email address)
.
Photographic Assignment:  I understand that the W.R.E. reserves the right
to take photographic or film (of whatsoever nature) records of any or all of
its activities or trips and on behalf of myself and any of the children for
which I am responsible I/we hereby agree that W.R.E. may use such
records for promotional and/or commercial purposes without any
remuneration to me. I/we hereby assign all right, title and interest I/we may
have in or to any and all media in which my name or likeness might be
used by W.R.E.

Release as Contract and Personal Capacity:  On behalf of myself and any
of the children for which I am responsible I expressly agree and
acknowledge that the terms and conditions of this Assumption of Risks
Agreement are contractual in nature and that I/we are signing it of my/our
own free will. I/we expressly acknowledge that I/we are not under the
influence of drugs or alcohol at the time of my/our signing of this document
and that there are no other impediments or reasons why I/we would lack
the capacity to enter into this contract with W.R.E.
Participant Acknowledgement of Risks
We are updating this section as we are going to simplify it to the users:  individual travel, public events,
and groups as terms and conditions will vary depending in the size of the groups and length or the
tours.  Please read and follow instruction from Step 1 through 4.  Liability Waiver will be available on or
before February 2
8, 2019.

Sorry for any inconveniences.

Updated February 14, 2019.