|Snorkel, Snuba, and Scuba Dive Cozumel with Mayan Paradise Tours.|
Cozumel time: 9:24 am
Liability ReleaseMayan Paradise Tours is an online tour reservation system which works with selected Cozumel tour operators in the marketing and sale of their tours on a commission basis. Mayan Paradise Tours is not a tour operator and only offers marketing and sale services.
The information below is intended to advise you of the primary risks associated with the activities we offer. All participants should read the "General Terms and Conditions" section. By agreeing to the terms and conditions in this liability release, you affirm that you have been advised and informed of the inherent hazards of the activity in which you have willingly agreed to participate.
I understand that all of the activities offered by Cozumel tour operators (hereafter referred to as "Released Parties"), in the Mayan Paradise Tours website have inherent risks and dangers associated therewith including, but not limited to, risks associated with equipment failure, perils of the natural environment, contact with wild animals, acts of fellow participants, and I specifically assume all risks associated with my activity whether foreseen or unforeseen.
I understand that past or present medical conditions may be contraindicative to my participation in the selected activity, and I affirm that I suffer from no past or present medical conditions that preclude my participation. I affirm that I am in good mental and physical fitness for the selected activity. I affirm that I am not under the influence of any drugs that are contradictory to the activity. If I am taking medication, I affirm that I have seen a physician and I have approval to participate in the activity under the influence of the medication/drugs.
I understand that the activity may be physically strenuous and that I may be exerting myself during the activity and if I am injured as a result of heart attack, panic, hyperventilation etc. that I assume the risk of said injuries. I understand and agree that neither my instructors, guides, and the facility through which I conduct the activity, Released Parties, nor any of its employees, officers, agents or assigns, may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assigns that may occur as a result of my participation in the activity or as a result of the negligence of any party including the Released Parties, whether passive or active or as a result of product defect or failure of any sort.
I affirm that I will inspect all of my equipment and all equipment that I am renting from Released Parties prior to the activity and will notify Released Parties employees, assigns, guides, agents, if any of my equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to the activity.
I also understand that conditions of the natural environment may change while we are en route or on site at any time during the trip and that it is a function of the environment. I will not hold the Released Parties responsible for conditions of the natural environment that are out of their control.
I fully understand and am fully aware that medical facilities may be limited or non-existent in the areas in which the activity is conducted, and that in the event of an illness or injury, appropriate medical care may need to be summoned by mobile phone or radio and that the treatment will be delayed until I can be transported to a proper medical care facility.
General Terms and Conditions
I affirm that I am of lawful age and legally competent to agree to this liability and release, or that I have acquired the written consent of my parent or guardian. I understand that the terms herein are contractual and not mere recital; and that I have agreed to this liability release of my own free act. I further affirm that I am acting with the consent and agreement of all the members for whom this reservation has been made.
I understand that if any portion of this liability release is found to be invalid or inapplicable by a court of competent jurisdiction, that portion shall be severed and the balance of the agreement shall remain in full force and effect.
In consideration of being allowed to participate in the tour, I hereby save and hold harmless said tour and I personally assume all risks in connection with said tour for any harm, injury, or damage that may befall me while I am participating in the tour, including all risks connected therewith, whether foreseen or unforeseen.
BY THIS DOCUMENT, I AGREE TO EXEMPT AND RELEASE ALL PARTIES CONNECTED WITH THE Mayan Paradise Tours WEBSITE AND RELEASED PARTIES AS DEFINED ABOVE FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE OR AS A RESULT OF PRODUCT DEFECT OR FAILURE OF ANY SORT.
I HAVE FULL INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE BY READING IT BEFORE INDICATING MY ASSENT ON BEHALF OF MYSELF AND MY HEIRS.
I HAVE READ THIS RELEASE AND ACKNOWLEDGE THAT ANY LAWSUIT BROUGHT BY ME OR MY PERSONAL REPRESENTATIVE AGAINST ANY RELEASED PARTY WILL BE DISMISSED WITHOUT TRIAL.
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