Exemption of liability
The client will sign this contract before each expedition.
PURPOSE OF THE WAIVER: CRWild © offers activities focused on the observation and enjoyment of nature. By participating in an expedition by CRWild ©, you assume rules established according to the laws of the country od Destination.
THIS AGREEMENT is made and entered into this ____ day of ____,____, by and between CRWild, a Costa Rica company with its principal place of business located in Costa Rica and EEUU, hereinafter referred to as the "Company", and the undersigned, hereinafter referred to as the "Participant".
ASSUMPTION OF RISK: The Participant acknowledges and agrees that participation in activities including nature exploration, wildlife observation, and other related activities carries inherent risks, including but not limited to physical injury, death, or other harm. The Participant willingly and voluntarily assumes all such risks.
Personal injury and/or death;
Traveling to remote areas without access to medical facilities or treatment;
Changing weather conditions;
Interactions or encounters with wildlife;
Negligence of other participants or guides;
Negligence by [Company], including failure to safeguard or protect from the risks or dangers of the Activities;
Collisions with vehicles, equipment, or structures;
Getting lost or separated from guides or other participants; and
Failure to remain within designated areas.
I acknowledge that these risks, dangers, and hazards may be caused by actions, inactions, or negligence of myself, other participants, or [Company] and its employees, agents, and contractors. I understand that these risks cannot be eliminated without endangering the essential qualities of the Activities.
[Company] does not assume any responsibility for any personal injury, death, or property damage that may occur during the Activities.
No temporal collecting or handling is allowed in the Expedition. Follow always instructions by general or local guides.
Under the laws of any country of Destination, no permanent collecting of any kind can be done without the proper permits emitted by the Ministry of Environment. If the Company discovers any participant collecting, the Participant will immediately lose all rights to continue in the Expedition, without reimbursing the rest of time of Expedition. Furthermore, he/she will be reported by the company to the local authorities.
PARENT OR GUARDIAN SIGNATURE: If the Participant is under the age of 18 years, this Agreement must be signed by a parent or guardian. The signing parent or guardian accepts all the terms and conditions of this Agreement on behalf of the minor and agrees to be personally bound by the terms of this Agreement.
NO RANDOM AGREEMENT:
I acknowledge that I have carefully read this waiver and fully understand its contents. I am aware that this is a release of liability and a contract between myself and [Company] and that I am signing it of my own free will.
ACCEPTANCE OF WAIVER:
By signing this waiver, I acknowledge that I have read, understand, and fully accept the terms and conditions set forth in this waiver.
This waiver constitutes the entire agreement between myself and [Company] and supersedes any prior understandings or agreements, whether written or oral.
TERM: This Agreement will commence on the date of execution and will terminate on the earlier of (a) the written agreement of the parties to terminate this Agreement; (b) 10 years from the date of this Agreement. This waiver applies to the participation in the activities as specified in this agreement, and for any future activities organized by [Company] within this term, a separate waiver will not be required."
MODIFICATIONS: This Agreement may only be modified in writing, signed, and agreed to by both the Company and the Participant.
I understand that this waiver does not prevent or limit [Company]'s liability for gross negligence or intentional acts.
RECOGNITION – SAFETY:
I recognize that the Activities involve inherent risks, dangers, and hazards and that my participation in the Activities is purely voluntary. I also understand that I have a personal responsibility to follow all safety rules and procedures set forth by [Company] and to use good judgment and common sense at all times.
MEDICAL TREATMENT: The Participant agrees not to hold the Company liable for any injuries or damages which might occur as a result of any first aid treatment administered in the case of a medical emergency. The Company agrees to seek professional medical help where and when necessary.
INSURANCE: The Participant affirms that they have adequate personal health and liability insurance to cover any injury or damage they may cause or suffer while participating and repatriation included. The Company reserves the right to verify such coverage. In the absence of such insurance, the Participant agrees to bear the costs of such injury or damage.
ALCOHOL AND DRUGS – ALCOHOL AND ILLEGAL SUBSTANCES:
I understand that the use of alcohol or illegal substances before or during the Activities is strictly prohibited and may result in my removal from the Activities without a refund.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND AGREEMENT OF INDEMNIFICATION:
I hereby release, waive, discharge, and covenant not to sue [Company], its employees, agents, and contractors, from any and all liability, claims, demands, actions, and causes of action whatsoever, including but not limited to any claims arising from the negligence or fault of [Company], its employees, agents, and contractors, arising from or in any way connected with my participation in the Activities.
I also agree to indemnify and hold harmless [Company], its employees, agents, and contractors, from any loss, liability, damage, or cost they may incur as a result of my participation in the Activities.
PHOTOGRAPHIC RELEASE: The Participant as a result of this grants and conveys to the Company all rights, title, and interest in any and all photographic images and video or audio recordings made by the Company during the Participant's Activities.
RIGHT TO ATTORNEY: The Participant acknowledges that they have had sufficient opportunity to consult with an attorney of their own choosing about the terms, conditions, and implications of this Agreement, or that they have willingly chosen not to do so.
SEVERABILITY: If any term or provision of this Agreement is found to be unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect, provided the fundamental terms and intentions of the Agreement are not compromised.
With this, the undersigned understands and accepts the conditions of CRWild©. This form releases CRWild© from any liability for personal injury (including death), property damage, and/or equipment caused by, or in connection with, any activity or transportation in the activity.
DISPUTE RESOLUTION AND GOVERNING LAW: All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of Costa Rica without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of Costa Rica. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof is to be settled by arbitration in Costa Rica, which will be conducted in accordance with the laws of Costa Rica. The decision of the arbitrator will be final and binding on the parties, and judgment on the award may be entered in any court having jurisdiction.
KNOWLEDGE AND VOLUNTARY EXECUTION:
I hereby acknowledge that I have read and understand the terms of this waiver and that I am signing it freely and voluntarily. I am aware that by signing this waiver, I am giving up significant legal rights and that this waiver is binding on myself, my heirs, and my legal representatives.
Deposit Policies and Terms
By signing or agreeing to this contract, we acknowledge that we have thoroughly reviewed the deposit policies and terms as outlined on the website.
EMERGENCY CONTACT: The Participant hereby provides the following emergency contact information. The Participant authorizes [Company] to contact these individuals in the event of any emergency:
Name of Emergency Contact 1:
Relationship to Participant:
Email Address (if applicable):
Name of Emergency Contact 2:
Relationship to Participant:
Email Address (if applicable):
The Participant affirms that the provided emergency contact(s) have been notified and consent to be contacted by [Company] in case of an emergency.
The Participant agrees to notify [Company] of any changes to this emergency contact information promptly."
Signed on Date: