Terms of Service
I declare that I fully understand the inherent risks associated with treks, tours, expeditions, travel by boat, automobile, or other means of transportation, sportfishing, walking, rock climbing, tree climbing, hiking, rappelling, zip-lining, canopy touring, swinging, surfing, swimming, snorkeling, kayaking, horseback riding, bicycles, e-bikes, atvs, side by sides, beach shuttle, visits to or near animal sanctuaries, wild animal encounters, and similar activities (the “Activities”) provided by FANTASÍA ECOLÓGICA DE COSTA RICA S.R.L, corporate identification number 3-102-111201.
I acknowledge that these Activities are inherently dangerous, and I willingly accept these risks to participate in such Activities. I understand that substantial risks and dangers exist in pursuing these Activities and in transportation to and from the areas where those Activities occur. Additionally, risks and dangers may arise from unknown, whether or not anticipated or foreseeable, defects in equipment used in or to get to the Activities.
These risks may be created or aggravated by the negligence of the employees of the “Companies” as defined in Exhibit 1 of this document, agents, associated companies, subcontractors, or independent contractors upon whom the Companies relies.
Furthermore, I am aware that these Activities may be hazardous even to the very healthy, and the Companies require that I inform them, in writing, BEFORE DEPARTURE, of any physical or other conditions that might impair, hamper, or in any way adversely affect my participation, or the participation of any minors or incapacitated individuals who may be accompanied by me in these Activities. I also fully understand and acknowledge that my participation, or the participation of any minors or individuals who may be accompanied by me in these Activities, and any other activities incidental thereto could result in injury or illness, including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability. I HEREBY ASSUME ALL THE RISKS AND DANGERS and assume responsibility for any bodily injury, including death or loss of consortium claims, and all economic losses and/or damages, including to property, however caused and whether or not foreseeable, which may result from or arise from my participation, or the participation of any minors or incapacitated individuals who may be accompanied by me in any of these Activities.
I HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND AGREE TO DEFEND AND INDEMNIFY the Companies, their owners, employees, officers, agents, sub-contractors, and independent contractors from any and all claims, actions, or losses for those things for which I have assumed the risks and dangers by way of this release and waiver. This agreement is explicitly intended to be binding upon me, extending its legal effect to encompass not only myself but also my spouse, children, legal representatives, heirs, and estate, ensuring that the obligations, releases, and waivers contained herein shall be equally applicable to and enforceable by all parties mentioned, thereby collectively and individually securing the understanding and acceptance of the inherent risks associated with the Activities.
In addition, and in case I sign this document in my capacity as the legal representative of any minors or incapacitated individuals who may accompany me and participate in the Activities, I confirm that I have the authority to sign on their behalf and undertake all responsibilities outlined herein on their behalf.
I, on behalf of myself, my spouse, children, legal representatives, heirs, estate, executors, administrators, assigns, and any minors or incapacitated individuals who may accompany me and participate in the Activities, do hereby release, waive, discharge, and hold harmless the Companies, as well as their employees, representatives, officers, directors, affiliates, and agents (collectively referred to as the “Indemnified Parties”). This release encompasses any and all liability, claims, demands, actions, or causes of action of any kind arising out of or related to any injury, loss, damage, or harm that may be sustained by me or by any minors or incapacitated individuals who may be accompanied by me in these Activities during the Activities. I agree to indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, damages, expenses, and costs, including reasonable attorney’s fees, arising out of or related to the Activities.
In the unforeseen circumstance of a medical emergency or accident arising directly from the engagement in the specified Activities, I hereby grant explicit authorization to the Companies or their duly appointed representatives to seek prompt and necessary medical attention on my behalf. Moreover, I willingly acknowledge and agree to assume full financial responsibility for any required medical treatment deemed necessary to address and mitigate the consequences of said emergency or accident. This authorization includes committing to cover any cost or expense related to medical intervention, ensuring that appropriate measures are promptly taken to safeguard my health and well-being during the ourse of the Activities.
Furthermore, I hereby, willingly and without reservation, grant the Companies, their representatives, agents, affiliates, and employees an irrevocable right and license to capture photographs and videos of myself, any minors who may accompany me and participate in the Activities, and my property in direct association with the Activities.
By affixing my signature below, I provide explicit authorization to the Companies, their affiliates, assigns, and transferees, bestowing upon them unrestricted rights in perpetuity to utilize, copyright, and publish the aforementioned visual content in any conceivable form, channel, or medium, and for any conceivable purpose.
I acknowledge and consent that the Companies may employ these photographs and/or videos featuring me and/ or any minors who may accompany me and participate in the Activities, with or without the inclusion of my/their name, for a myriad of lawful purposes. These purposes may encompass, but are not limited to, publicity, illustration, sales, advertising, and the enrichment of website content. I further affirm and agree that such utilization by the Companies shall be carried out without any obligation for payment of royalties, fees, special credit, or any other form of compensation. This comprehensive grant of rights is essential for the Companies to promote and document the Activities in a manner consistent with their legitimate and lawful business practices.
This Waiver shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, and any legal action arising out of or relating to this waiver shall be brought in the appropriate courts of that jurisdiction.
I hereby declare that I have read this document carefully, fully understand its contents, and will follow all the instructions outlined herein.
