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BAMBA EXPERIENCE > RELEASE FORM


RELEASE FORM

 

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

 

In consideration of the services of Bamba Experience, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively BAMBA EXPERIENCE), I hereby agree to release and discharge BAMBA EXPERIENCE on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:

 

1.   Inherent Risks I acknowledge that any adventure related activity such as rafting, mountain biking, zip-lining/canopy, bungee jumping, trekking/hiking, swimming, horseback riding, camping entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while participating in these activities.  In all of the following activities inherent risks include, but are not limited to: the equipment may be faulty; communication from guides may be unclear during the activity and misunderstandings may occur; in the remote terrain in which these activities occur rescue and medical treatment may not be immediately available in the event of an accident.  I may encounter dangerous wildlife, insects, etc.; changing weather conditions, storms or even lightning are possible; exposure to the natural elements can be uncomfortable and/or harmful causing sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond;


Rafting: The inherent risks associated with the rafting trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be injured on the raft; there may be errors in food storage or preparations; the raft may break down or be faulty; it is possible that the raft may collide, capsize or sink and I could be "washed" overboard; I can slip or fall during hiking or portaging or getting to and from the raft; the raft or any portion of it may collide with or encounter other rafts, manmade or natural objects including submerged or semi-submerged objects, etc.; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and sometimes death;  Mountain Biking: The inherent risks associated with the mountain biking trip in which I am about to participate include, but are not limited to: uneven terrain, gravel or other visible or hidden obstacles on the mountain biking route, planned or accidental straying from route. Zip-lining/Canopy: The inherent risks associated with the zip-lining/canopy trip in which I am about to participate include, but are not limited to: obstacles such as long hair, loose clothing, jewelry, camera equipment that can become entangled in the equipment causing injury; improper use of the safety clips and carabineers may result in injury or death.  Bungee Jumping: The inherent risks associated with the bungee jumping activity in which I am about to participate include, but are not limited to: faulty equipment, negligence on behalf of the staff, death, high blood pressure, vomiting, nausea. Trekking/Hiking: The inherent risks associated with the trekking/hiking trip in which I am about to participate include, but are not limited to: muddy or wet terrain, visible or hidden obstacles on the trekking route, narrow passages on steep cliff sides, passing porters carrying heavy packs; encountering dangerous wildlife such as donkeys, llamas, cows, dogs; falling from a cliff, unstable or loose rock, landslides, further damage or existing injuries caused by the exertion, altitude sickness, acute mountain sickness, exhaustion, hypothermia.  Swimming: The inherent risks associated with the swimming activity in which I am about to participate include, but are not limited to: drowning, hypothermia, slipping and falling from wet surfaces, exhaustion.  Horseback Riding: The inherent risks associated with the horseback riding trip in which I am about to participate include, but are not limited to: falling off the horse while mounting or dismounting, injury by a horse’s kick, bite or buck, planned or accidental straying from the route.  Camping: The inherent risks associated with the camping trip in which I am about to participate include, but are not limited to: unpredictable climatic conditions, snow storms, rain, lightening, loss of personal possessions or valuables from robbery, damage to personal equipment from water leakage, encounters with wild animals, improper water purification or food storage, landslides, rockslides, avalanches.


I understand that my failure to follow instructions and safety regulations on all of the above activities can cause bodily injury to others and/or myself and may result in death.

 

2.  I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety and life during my participation in BAMBA EXPERIENCE events/activities.  BAMBA EXPERIENCE acts as an agent to provide transportation, accommodation and activities operated by third party operators over which Bamba Experience has no control or liability.  I acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which BAMBA EXPERIENCE has no control. Those activities are incidental to the activities provided by BAMBA EXPERIENCE and may involve errors in judgment by the other vendors or operators for which BAMBA EXPERIENCE can bear no liability. BAMBA EXPERIENCE is in the business of providing adventure type trips. Transportation to and from the activity is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by BAMBA EXPERIENCE and may involve errors in judgment by BAMBA EXPERIENCE staff operating the vans, buses, cars or other transport vehicles. The vehicles and transport trailers may malfunction, breakdown or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Furthermore, BAMBA EXPERIENCE guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that can not and should not be associated with fault at a later point in time.

3. Express Assumption of Risk As lawful consideration for being allowed to participate in activities offered by BAMBA EXPERIENCE, I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/ Our participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks. I / We expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of our own free will.

4. Release and Waiver of Rights Including for Claims of NEGLIGENCE On behalf of myself and any of the children for which I am responsible I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BAMBA EXPERIENCE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my/our use of BAMBA EXPERIENCE’s equipment or facilities, including any such Claims which allege negligent acts or omissions of BAMBA EXPERIENCE

5. Indemnity Should BAMBA EXPERIENCE or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree on behalf of myself and any of the children for which I am responsible to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.

6. Personal Skill & Insurance I certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the activities offered by BAMBA EXPERIENCE I further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves.

7. Medical Issues I agree on behalf of myself and any of the children for which I am responsible that, in the event that BAMBA EXPERIENCE deems it necessary to administer emergency first aid or CPR or to remove me/us from its activities or premises or from the field or to seek emergency medical care for me/us that, by signing this document, I/we are giving BAMBA EXPERIENCE permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me/us to any healthcare provider which may become involved in my/our care, treatment or removal from the field. By signing this document I/we are waiving any right to object to or bring any type of action or claim against BAMBA EXPERIENCE for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from BAMBA EXPERIENCE activities or the field.

8. Medical and Life Insurance  I understand that it is my responsibility to purchase medical and life insurance prior to my trip and assume sole responsibility In the case of medical emergencies including but not limited to pre-existing conditions, accidents, dismemberment, emergency evacuation or loss of life.  By signing this document I/we are waiving any right to object to or bring any type of action or claim against BAMBA EXPERIENCE due to medical emergencies, life threatening situations and/or death.  

9. Photographic Assignment I understand that the BAMBA EXPERIENCE reserves the right to take photographic or film (of whatsoever nature) records of any or all of its activities or trips and on behalf of myself and any of the children for which I am responsible I/we hereby agree that BAMBA EXPERIENCE may use such records for promotional and/or commercial purposes without any remuneration to me. I/we hereby assign all right, title and interest I/we may have in or to any and all media in which my name or likeness might be used by Bamba Experience.

10. Release as Contract and Personal Capacity On behalf of myself and any of the children for which I am responsible I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of my/our own free will. I/we expressly acknowledge that I/we are not under the influence of drugs or alcohol at the time of my/our signing of this document and that there are no other impediments or reasons why I/we would lack the capacity to enter into this contract with Bamba Experience.

11. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I/we file a lawsuit against BAMBA EXPERIENCE, I/we agree to do so solely in Mexico City, Mexico, and I/we further agree that the substantive law of that country shall apply in that action without regard to the conflict of law rules of that country and I/we hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I/we agree to submit to the jurisdiction of the Mexico City, Mexico courts. I/we agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it were the original. I/we understand that this document constitutes the entire Agreement/Contract between ourselves and BAMBA EXPERIENCE and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I/we are also waiving any claims I/we might have for breach of contract or warranty for statements or representations made outside of this release contract.

By signing this document, I acknowledge for myself and any of the children responsible for that if anyone is hurt or property is damaged during my participation in this activity, I/we may be found by a court of law to have waived my/our right to maintain a lawsuit against BAMBA EXPERIENCE on the basis of any claim from which I/we have released them herein.  It is my responsibility to fill in the following information completely and correctly.  Any problems resulting from incorrect information are solely my responsibility.

 

I/WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (ALL PAGES).  I/WE HAVE READ AND UNDERSTOOD IT, AND I/WE AGREE TO BE BOUND BY ITS TERMS.


Name of Participant:_________________________     Date (DD/MM/YYYY): ____________________


Activity/Trek: ______________________________________

 

Participant Signature:_________________________________________     Date:__________


Printed Name as it appears in your passport:_________________________________________


Passport Number: __________________________   Date of Birth (DD/MM/YYYY): ________________


Address:___________________        City:___________________    State:_______________________

 

Country:____________________        Postal Code: ____________      Phone #:____________________


Parent or Guardian Additional Indemnification and Signature (Must be completed for participants under 18 years of age)

I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed below; I/we believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that BAMBA EXPERIENCE relies to its detriment on this representation. In consideration of my child or ward (AMinor@) being permitted by BAMBA EXPERIENCE to participate in its programs or activities, I further agree to indemnify (in other words, I agree to pay for...) and hold harmless BAMBA EXPERIENCE from any/all claims which are brought by, or on behalf of Minor, and which are in any way connected with Minor’s use or participation.

 

Parent Signature:_________________     Printed Name:_________________     Date:__________

 

Parent Signature:_________________     Printed Name:_________________     Date:__________

 

ALL PARTICIPANTS MUST FILL OUT THE FOLLOWING INFORMATION:

1. Do you have any medical condition, of which we should be aware, or any medical or physical condition that would affect your ability to meet the physical demands of the activity or activities you are participating in with Bamba Experience? (rafting, mountain biking, zip-lining/canopy, horseback riding, trekking/hiking, camping, etc.)

 

CIRCLE ONE:    YES    NO.      If YES, please specify condition:

 

_______________________________________________________________________________________

 

2. Contact Person in case of an emergency:


Name: __________________________________      Relationship: _____________________________

 

Phone Number: ___________________________    Email: __________________________________


3. Medical/Life Insurance Information in case of an emergency:

 

Insurance Company: __________________________    Policy Number: _______________________

 

Insurance Company’s Emergency Telephone(s) with country codes and area codes:

    WHY BAMBA?
TRAVEL INDEPENDENTLY
You are a traveler, not a tourist. We want you to be able to explore the world exactly as you have always dreamed it. You are free to travel at your own pace with no tour leaders or set schedules.
DAILY DEPARTURES
Depart any day you want, 365 days a year whether you are traveling on your own or in a group.
UNLIMITED SCHEDULE CHANGES
We make it easy for you to be spontaneous! Enjoy the freedom of making an unlimited amount of changes to your schedule before and during your trip. Your pass is valid for 12 months so you can take all the time you need to enjoy your journey!
BAMBA EXPERIENCE | ALL RIGHTS RESERVED - COPYRIGHT 2012