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TRAVELER PARTICIPATION WAIVER – ADVENTURE & RECREATIONAL ACTIVITIES
For purposes of this Agreement the term “Adventure and Recreational Activities” shall include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by Link-Experiences SA and shall include but are not limited to participation in a travel itinerary, visit to tourist attractions, travel to remote areas without access to medical facilities or treatment, water sports, bike rides, boating on rivers, rafting, canyoning, tubing, clubbing, sport events or competitions, concerts, food intake, snorkeling, diving, zip-lining / canopying, hiking, canyoneering, caving, cycling, horseback riding and other equine related activities, mountain biking, rock/rope climbing, rappelling, scuba diving, travel in boats, trekking, surfing, travel to and from the tour areas; and other such activities, events and services in any way connected with or related to these activities.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
I hereby agree as follows:
- I understand that Adventure and Recreational Activities included or not in my itinerary and referred to in this form involve inherent risks which may result in serious personal injury or death, and that I participate in these Adventure and Recreational Activities at my own risk, considering that I must be in good health and physical/mental condition (not under the influence of medicine, alcoholic beverages or illegal drugs or substances). It is solely my responsibility to decide if my participation, in the itinerary, is safe.
- I understand that I shall have or obtain for me and my companions, a travel insurance or any other type of insurance, if I consider necessary, and that Link-Experiences SA, or its subcontractors or agents, does not has the obligation to provide any type of insurance in the travel itinerary offered.
- I understand that all the Adventure and Recreational Activities included or not in the travel itinerary (and that could be booked directly by me or other Clients) are/or could be provided by third-party suppliers (subcontractor or agents) and that Link-Experiences S.A. is not responsible for any circumstances in which a liability, loss, expense, injury, harm or damage, including death, could be inflicted or caused into the client.
- To waive any and all claims that I may have in the future against Link-Experiences A. its subcontractors or agents, and to release Link-Experiences S.A. its subcontractors or agents, from any and all liability for any loss, damage, expense or injury including death that I may suffer, or my next of kin or companions may suffer, resulting from either my participation in Adventure and Recreational Activities due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of Link-Experiences S.A., and also including the failure on the part of Link-Experiences S.A., its subcontractors or agents, to safeguard or protect me from the risks dangers and hazards of Adventure and Recreational Activities, referred above.
- To hold harmless and indemnify Link-Experiences A., its subcontractors or agents, from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Adventure and Recreational Activities.
- That this agreement shall be effective and binding upon my heirs, next of kin, companions, executors, administrators, assigns and representatives, in the event of my death or incapacity.
- That this agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Ecuador and no other jurisdiction.
- That any claim in relation to this waiver shall be brought solely within Ecuador and shall be within the exclusive jurisdiction of the courts of Ecuador.
I confirm that I have read and understand this waiver prior to accepting it, and I am aware that by accepting this document I am waiving certain legal rights which I or my heirs, next of kin, companions, executors, administrators, assigns and representatives may have against Link-Experiences S.A, its subcontractors or agents.
In case of the involvement of minority age in any Adventure and Recreational Activities, I hereby certify that I as (parent and/or guardian) with legal responsibility of his/her/them safety, I do consent and agree to his/her/them release of any liability and obligation to Link-Experiences S.A., its subcontractors or agents and I agree to indemnify and hold harmless Link-Experiences S.A., its subcontractors or agents, for any and all liabilities and/or incident due to his/her/them involvement in Adventure and Recreational Activities.
In addition to the specific terms and conditions herein, Link-Experiences S.A makes available again, to travelers all specific terms and conditions at http://www.linkexperiences.com/index.php/terms-conditions/, which has been read and approved by all travelers. Any reservation made with Link-Experiences S.A., is an acceptance of the mentioned terms and conditions.
I agree and accept all the terms and conditions of this waiver
