WAIVER OF LIABILITY, Release of Liability, and Assumption of Risk agreement Read this Agreement carefully.
A parent/guardian must sign for minors (under 18 years of age).
Assumption of Risk: I have voluntarily applied to participate in the tour / adventure activity on which I am booked, which involves horse riding (an adventure activity).
I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Adventure Activities; emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; the dangers possible at high altitude; the risks of accident in travel by automobile, truck, bus, horse, on foot, or in any other vehicle of conveyance; or any other actions, omissions, or conditions inside or outside of ‘Ride Andes’ / Paramo Places S.A’s control. By participating in this trip I acknowledge the dangers and rigors imposed by such activities.
KNOWING THIS, I HERE BY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME. I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER ‘Ride Andes’ / Paramo Places S.A, their owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Ride Andes / Paramo Places S A.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release ‘Ride Andes’ / Paramo Places S.A from any and all liability to the maximum extent permitted by law.
Indemnification: I further agree to “indemnify” (meaning to defend and to pay or reimburse) ‘Ride Andes’ / Paramo Places S.A against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with my participation in this Tour / Adventure Activities.
ARBITRATION: Any dispute arising out of or in connection with this contract or the subject matter of this contract shall be finally resolved by an arbitration tribunal of the Quito Chamber of Commerce in accordance with the Arbitration and Mediation Law of the Republic of Ecuador and the regulations of the Arbitration and Mediation Center of the Quito Chamber of Commerce, and the following rules:The arbitrators shall be selected according to the procedure of the Arbitration and Mediation Law of the Republic of Ecuador. The parties waive the right to resort to the ordinary jurisdiction, and agree to accept the decision of the tribunal and not to initiate any kind of legal action or claim against such decision. For the execution of precautionary measures, the arbitration tribunal is hereby authorized by the parties to ask public officials, including judicial, police, and administrative, with no need to resort to judges or courts. The tribunal shall consist of three arbitrators. Arbitration shall be at law. The arbitration process shall be confidential and shall take place at the premises of the Arbitration Center of the Quito Chamber of Commerce.
Knowing and Voluntary Execution: I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all of its conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I understand that in calculating the cost of the tour, ‘Ride Andes’ / Paramo Places S.A has relied on my consent to these terms and their enforceability. Without this agreement, the tour cost would have been higher or, alternatively, ‘Ride Andes’ / Paramo Places S.A would not be able to offer these services.
I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.
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