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PARTS UNSEEN RELEASE OF LIABILITY AGREEMENT Parts Unseen LLC Vieques, Puerto Rico 00765
In consideration of the services provided by PARTS UNSEEN, its owners, members, officers, employees, agents, volunteers and all other persons or entities acting in any capacity on its behalf (hereinafter “PU”), I hereby agree to release and discharge PU, on behalf of myself, my spouse, my children, my parents, my heirs, assignees, personal representatives, executors, trustees, and administrators as follows:
1. I acknowledge outdoor activities, including instruction and travel to such activities, entail known and inherent risks as well as unknown and unanticipated risks which could result in serious emotional or physical injury, paralysis, death, drowning or loss to myself, third parties and my and other’s property. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. Despite the potential hazards and dangers associated with but not limited to Hiking, Snorkeling, Kayaking, I freely accept and assume all risks, dangers, and hazards which may arise from the use of equipment and/or the participation in these activities and which could result in personal injury, death, and/or property damage to myself and/or any unborn fetus carried by anyone I am paying for and/or anyone in the party for which I am paying including but not limited to my spouse, my children, my parents, my friends, and/or my family members (hereinafter "my party"). Inherent risks may include earthquakes, changing water flow, tides, currents, wave action, inclement weather, lightning, variances and extreme wind, weather and temperature, sense of balance, physical condition, ability to swim, and following instructions. These risks may result in injury, exposure to elements, hypothermia, impact of the body on the water or the ground, injection of water into body orifices and/or drowning. Other risks may include the presence of insects, land animals, and marine life forms which may cause lacerations, bites and/or stings, heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration, fatigue, chill and/or loss of reaction time thereby increasing risk of accidents.
2. I hereby voluntarily release, discharge and agree to indemnify and hold harmless PU from any and all claims, demands, liability, losses or causes of action which are in any way connected with me and/or my party's participation in this activity or the use of PU equipment of facilities, including claims related to injury to person or property, disability or death, whether arising from the negligent act or omission of PU or otherwise, breach of contract and/or warranty or any other legal theory.
3. While PU will endeavor to provide appropriate equipment independently to me or as part of its lesson to me and/or my party, I hereby acknowledge and agree that PU makes no warranty as to fitness of such equipment for my particular land or ocean activity and I assume all risks in connection with the use of any such equipment.
4. Should PU or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify them for all such fees and costs. I agree that this document and all other aspects of my relationship with PU are governed by the laws of Puerto Rico, and that any legal action resulting from the use of equipment and/or participation in this activity shall only be brought in the State courts of Puerto Rico. In the event that any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force effect.
5. I represent and warrant that my party and I have no medical or physical conditions which could interfere with my and/or my party's safety in the use of this equipment or this activity, or else I am willing to assume and bear to costs of all risks that may be created, directly or indirectly, by such condition.
6. I specifically acknowledge that I and my party will be trained in the safe use of water sports equipment to my complete satisfaction. The use of water sports equipment is for the sole and exclusive use of the the person completing this booking and those individuals in his/her party and shall not be used by any other person.
7. In completing this booking, I fully recognize that if injury, illness, death, loss or damage occurs to me or anyone in my party while engaged in the use of PU’s equipment or participation in its activities my family, my friends, my party's families , my party's friends and I will have no right to make a claim or file a lawsuit against PU or its owners, managers, employees, or agents, even if they or any of them negligently caused or contributed to my injury, illness, death, loss or damages.
8. I covenant to replace and/or compensate for all or any equipment damaged due to my negligence.
9. By entering into this agreement, I am not relying upon any oral or written representations or statements made by PU, except as otherwise set forth herein.
10. I am taking full responsibility for my party's claims.
UPON BOOKING COMPLETION, MY PAYMENT WILL SERVE AS MY ONLINE SIGNATURE. I HAVE READ THE PARTS UNSEEN RELEASE OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY PAYING FOR THIS BOOKING AND IN SO DOING, SIGNING IT, AND AGREE WITH IT FREELY AND VOLUNTARILY WITHOUT ANY JUDGEMENT. I FURTHER UNDERSTAND THAT PERSONS WHO DO NOT PAY WILL NOT PARTICIPATE IN ANY PARTS UNSEEN TOURS, EXCURSIONS, OR ACTIVITIES.
I UNDERSTAND THAT BY PARTICIPATING IN IN ANY ACTIVITY WITH PARTS UNSEEN PHOTOS OR VIDEOS MAY BE TAKEN OF ME OR OF MY LIKENESS. BY COMPLETING THIS BOOKING I AM HEREBY GRANTING PARTS UNSEEN PERMISSION TO USE IMAGES CAPTURED OF ME OR MY LIKENESS FOR THE PURPOSE OF CREATING MEDIA CONTENT FOR THE WEBSITE, MERCHANDISE, AND/OR PROMOTIONAL ADS.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of Parts Unseen and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives
and next of kin, HEREBY RELEASE AND HOLD HARMLESS Parts Unseen their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.