Liability Release and Waiver of Rights
SALTOS DE LA DAMAJAGUA, EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY & AUTHORIZATION FOR THE DAMAJAGUA WATERFALLS, ZIP-LINE, AND OFF-ROAD BUGGY COMBO EXCURSION OR ANY COMBINATION OF EXCURSIONS WITHIN THE PARK
In consideration of the services provided by SALTOS DE LA DAMAJAGUA, the Damajagua River Lifeguard Guides Association, and any individual or entity associated with SALTOS DE LA DAMAJAGUA, including all Cruise Lines, I HEREBY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS SD FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, whether in law or otherwise, known or unknown, arising from or in any way associated with my participation in this activity, the use of SD equipment and facilities, including claims ALLEGING NEGLIGENCE ON BEHALF OF SD, INCLUDING NEGLIGENCE BEYOND THE INHERENT RISKS OF THE DAMAJAGUA WATERFALLS, BUGGY, ZIPLINE & OFF-ROAD COMBINED ACTIVITY (hereinafter, "Activity," regardless of marketing or naming conventions by external entities or the guest's participation in only a portion of the described activities) AND ANY INJURY, DEATH, OR PROPERTY DAMAGE OF ANY KIND RELATED TO MY PARTICIPATION IN THE DAMAJAGUA WATERFALLS, ZIP-LINE & OFF-ROAD BUGGY COMBO ACTIVITY.
In other words, by signing below, you waive the right to sue SD for any injury, death, or loss of any kind caused by an accident while participating in the Activity, including transportation and transit to and from the Activity. This means you are waiving the right to sue SD for negligence, including negligence beyond the inherent risks of the Activity.
I ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITY CARRIES CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED. THESE RISKS MAY RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO MYSELF, PROPERTY, OR THIRD PARTIES.
Hazards include, but are not limited to: driving or riding in 4x4 vehicles, including variable road conditions, collisions, equipment failure, and other vehicles, drivers, animals, and pedestrians; walking on uneven terrain, slips, and falls; being struck by falling rocks or other objects dislodged or thrown from above; the risks involved in walking, sliding, jumping, and swimming in a river, including the use of helmets and life jackets, drowning, changes in water levels, flooding, and the time required for aid or evacuation due to the activity's remote location; falls and injuries due to failure or misuse of rope course equipment; hazards associated with the use of suspension bridges, high crossings, and ziplines; the risk of falling from rope course components; failure of rope course equipment and the course itself; hazards associated with vehicle transport, including boarding or exiting vehicles, accidents and vehicle collisions, equipment failure, road conditions, and other vehicles and drivers; forces of nature, including lightning, weather changes, and overexposure to sunlight; risks of insect or animal bites; risks associated with the physical condition or actions of other participants or third parties outside of SD staff; my own physical condition and the physical exertion associated with this activity. Furthermore, SD employees have difficult jobs to perform. They strive for safety, but they are not infallible.
They may be unaware of a participant's physical condition or abilities. They may misjudge the weather, elements, or terrain. They may give inadequate warnings or instructions, and the equipment being used may malfunction.
I VOLUNTARILY CHOOSE TO PARTICIPATE IN THIS ACTIVITY WITH FULL KNOWLEDGE, ACCEPTANCE, AND ASSUMPTION OF ALL RISKS, INCLUDING INJURY OR DEATH.
I affirm that I am in good physical and mental health and that I am capable of participating in the activity. I understand that it is solely my choice and that I am physically and mentally capable of participating in the activity.
I affirm and guarantee that I am not under the influence of any drugs (legal or illegal) and/or alcohol, and I affirm and promise that I will not participate in the Activity while under the influence of any drugs (legal or illegal) and/or alcohol.
Should SD, or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse any and all such attorney's fees and costs.
In the event of a dispute arising under this agreement, I agree that any legal action brought on my behalf against DAMAJAGUA shall be governed by the laws of the Dominican Republic, AND the jurisdiction of foreign courts is expressly excluded to avoid conflicts.
If any part of this agreement is deemed void or unenforceable, the remaining parts of this agreement shall remain in full force and effect.
MODEL AND PHOTOGRAPHY AUTHORIZATION: I hereby grant SD the irrevocable right to use my name (or any fictitious name), likeness, portrait, or photograph in any form and in any type of media and in any manner that SD has authorized, without any restriction. This includes changes or alterations (including, but not limited to, composite or altered representations or derivative works incorporating the photograph(s) and any written copy that may be created and appear in connection with them) for advertising, trade, promotion, exhibition, or any other lawful purposes.
Image Authorization: This clause grants irrevocable rights for the use of your image without compensation. We suggest including an option to limit use (e.g., for internal purposes only) to reduce reputational risks.
Furthermore, I waive the right to inspect any use of my name (or any fictitious name) and likeness, portrait, or photograph prior to its use (including publication) by CAT for advertising, trade, promotion, exhibition, or any other legal purpose and any compensation for such use.
I have had the opportunity to review and ask questions about this Express Assumption of Risk and Release of Liability, and I AFFIRM THAT I HAVE READ THIS RISK RELEASE - WAIVER AND LIABILITY EXEMPTION. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I AM WAIVING SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE SD FOR NEGLIGENCE, INCLUDING NEGLIGENCE BEYOND THE INHERENT RISKS OF THE ACTIVITY. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND BY MY SIGNATURE, I INTEND TO PROVIDE A FULL AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY DOMINICAN LAW.
This excursion or activity may involve certain inherent risks, including death and personal injury, and I have not relied on any statements from the ticket seller or the cruise line to select this excursion or activity. I agree that the ticket seller or cruise line is not responsible for and has no control over the actual operation of this excursion or activity.
In consideration for participating in this excursion or activity, I hereby irrevocably and permanently release any and all claims of any kind or nature, including but not limited to claims for personal injury, death, loss, damage, or delay against any cruise line involved in my trip and any entity selling tickets for this excursion or activity. I and all members of my party comply with the age or health restrictions for this excursion or activity.
I understand that if I choose not to sign and do not fully accept this complete release, my participation fees will be refunded as permitted by my contractual agreement with the ticket seller.