LIABILITY RELEASE

Effective Date: May 3rd, 2024

This Liability Release ("Release") is a legally binding agreement entered into between Surf the Andes LLC ("we," "us," or "our") and the participant ("you" or "your"), in accordance with the laws and regulations of California. By participating in any outdoor sports tourism activities organized by us, or by hiring our services, you acknowledge and agree to the following terms:

Assumption of Risks:

You acknowledge that participation in outdoor sports activities, including but not limited to surfing, snowboarding, skiing, rafting, heli-skiing, cycling, and riding motorized vehicles, inherently involves risks, including the risk of injury, illness, property damage, or death. You voluntarily assume all such risks and agree to release and discharge us from any liability arising from your participation.

Physical Fitness and Health:

You confirm that you are in good physical condition and have no medical conditions or disabilities that would prevent you from safely participating in the activities. You agree to inform us of any changes to your health or fitness level that may affect your ability to participate safely.

Safety Guidelines and Instructions:

You agree to abide by all safety guidelines, instructions, and recommendations provided by us or our guides/instructors. It is your responsibility to follow these guidelines and act in a manner that does not endanger yourself or others.

Exclusion of Liability:

To the fullest extent permitted by California law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with your participation in the activities, including but not limited to personal injury, property damage, economic loss, or death. Furthermore, in the unfortunate event of death, it is expressly understood that the wishes of the deceased guest for their friends, family, or any other representative acting on behalf of relatives to hold the tour operator accountable shall not constitute grounds for liability on our part.

Indemnification:

You agree to indemnify and hold us harmless from any claims, demands, or actions brought by any third party arising from or in connection with your participation in the activities, including but not limited to personal injury, property damage, or breach of third-party rights.

Limitation of Liability:

If any provision of this Release is found to be unenforceable under California law, our liability shall be limited to the maximum extent permitted by law.

Governing Law and Jurisdiction:

This Release shall be governed by and construed in accordance with the laws of California. Any disputes arising from or in connection with this Release shall be subject to the exclusive jurisdiction of the courts of California.

Severability:

If any provision of this Release is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By hiring our services or participating in our activities, you acknowledge that you have read, understood, and voluntarily agree to the terms herein, and you waive any rights or claims against us to the maximum extent permitted by law. In the event of non-signature, it is assumed that the guest complies and agrees to the liability release.

I have carefully read this liability release form and fully understand its contents. I am aware that this is a release of liability and a contract between Surf the Andes LLC and me, and I sign it of my own free will.

Participant's Signature: _______________________

Date: _______________________

Participant's Printed Name: _______________________

Emergency Contact Name: _______________________

Emergency Contact Phone Number: _______________________