LIABILITY RELEASE
LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
Effective Date: May 3, 2024
This Liability Release and Assumption of Risk Agreement ("Release") is a legally binding agreement between me, the participant ("I" or "my"), and Surf the Andes LLC ("we," "us," or "our"), in accordance with the laws and regulations of the State of California. By participating in any outdoor sports tourism activities organized by Surf the Andes LLC, or by hiring its services, I acknowledge and agree to the following terms:
1. Assumption of Risks
I acknowledge that participation in outdoor sports activities, including but not limited to surfing, snowboarding, skiing, rafting, heli-skiing, cycling, riding motorized vehicles, and other adventure tourism activities, inherently involves significant and varied risks, including but not limited to the risk of injury, illness, property damage, death, or other misfortunes. These activities may take place in hazardous environments such as avalanches, rivers, the ocean, storms, extreme weather conditions, or other dangerous terrains.
I fully accept and assume all such risks, whether foreseen or unforeseen, including those arising from the inherent nature of the activity, the actions or inactions of third parties, or the condition of the environment. I agree to release and discharge Surf the Andes LLC from any liability arising from my participation in the activities, regardless of the cause of such injury, damage, or loss, except to the extent caused by Surf the Andes LLC's willful misconduct.
2. Hazardous Surroundings and Transportation
I acknowledge that the activities may take place in or involve travel through hazardous environments, including but not limited to remote areas, rivers, oceans, mountain ranges, cliffs, and unstable terrain. These environments may pose unique risks such as avalanches, flooding, storms, wildfires, and other natural hazards that cannot be fully anticipated or controlled. Additionally, the activities may require transportation by vehicles, boats, helicopters, or other forms of travel that also carry inherent risks, including accidents, breakdowns, and delays.
I accept full responsibility for these risks and agree to hold Surf the Andes LLC harmless from any and all claims related to such risks, including those arising from the failure of vehicles, equipment, or services provided during the course of the activity.
3. Physical Fitness and Health
I confirm that I am in good physical condition and have no medical conditions or disabilities that would prevent me from safely participating in the activities. I agree to inform Surf the Andes LLC of any changes to my health or fitness level that may affect my ability to participate safely. I acknowledge that it is my responsibility to assess my own physical condition and seek medical advice before participating in any activities. If, at any time during the activity, I feel unwell or unable to continue safely, I agree to immediately inform Surf the Andes LLC or its guides/instructors.
4. Safety Guidelines and Instructions
I agree to follow all safety guidelines, instructions, and recommendations provided by Surf the Andes LLC or its guides/instructors. I understand and acknowledge that it is my responsibility to act in a manner that does not endanger myself, others, or the environment. If I fail to follow safety instructions or engage in reckless, negligent, or unsafe behavior, I may be immediately removed from the activity without a refund. I agree that Surf the Andes LLC shall not be liable for any resulting injury or damage, including any injuries or damages caused by my own actions or failure to comply with safety guidelines.
5. Exclusion of Liability
To the fullest extent permitted by California law, Surf the Andes LLC, its officers, directors, employees, agents, contractors, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with my participation in the activities, including but not limited to personal injury, property damage, economic loss, death, or any other misfortune, regardless of the cause, including the actions of third parties, environmental conditions, or accidents.
I expressly agree that Surf the Andes LLC will not be held liable for any claims arising from the actions of my family members, heirs, or representatives, including but not limited to claims related to my death, injury, or property loss, regardless of whether such claims arise from my own negligence or the negligence of others, unless caused by Surf the Andes LLC's willful misconduct.
In the event of my death, I expressly understand and agree that no claims may be made against Surf the Andes LLC for liability, even if such death arises from a known or unknown risk of the activity, or from transportation, environmental hazards, or other conditions outside of Surf the Andes LLC’s control.
6. Indemnification and Hold Harmless
I agree to indemnify, defend, and hold harmless Surf the Andes LLC, its officers, directors, employees, agents, contractors, and assigns from and against any and all claims, demands, suits, actions, liabilities, damages, losses, costs, and expenses (including legal fees and court costs) arising out of or in connection with my participation in the activities, including but not limited to personal injury, property damage, death, breach of third-party rights, or other losses, regardless of the cause. This indemnification obligation applies whether or not the claims arise from Surf the Andes LLC’s negligence, recklessness, or other acts, and survives the termination of this agreement.
7. Limitation of Liability
If any provision of this Release is found to be unenforceable or invalid under California law, the remaining provisions of this Release shall remain in full force and effect. In no event shall Surf the Andes LLC’s total liability exceed the total amount I paid for the activity in which the claim arose. This limitation applies to all types of claims, including but not limited to personal injury, property damage, death, and other forms of loss.
9. Subcontractor Release of Liability:
I understand that Surf the Andes acts solely as an intermediary and is not responsible for the actions, omissions, or negligence of subcontractors, including guides, drivers, accommodations, and activity providers. I voluntarily waive, release, and discharge Surf the Andes from any claims, liabilities, or damages arising from services provided by subcontractors, including but not limited to accidents, injuries, or losses. I acknowledge that any claims related to subcontractor services must be directed to the respective provider, as Surf the Andes does not control or enforce their safety standards. I am responsible for following all health and safety guidelines set by subcontractors and assume full responsibility for my well-being during activities.10. Subcontractor Indemnification Clause:
I agree to indemnify and hold Surf the Andes harmless from any claims, damages, liabilities, costs, or expenses arising from my participation in trips, including but not limited to those resulting from subcontractor negligence or misconduct. I acknowledge that subcontractors are required to maintain their own liability insurance, and that Surf the Andes does not provide insurance coverage for guests or subcontractors. I understand that it is strongly recommended that I obtain travel, medical, and accident insurance for my own protection. I accept full responsibility for any financial or legal consequences stemming from incidents related to subcontractor services.11. Governing Law and Jurisdiction
This Release shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising from or in connection with this Release shall be subject to the exclusive jurisdiction of the state and federal courts located in California. I hereby consent to personal jurisdiction and venue in California, and agree that any action brought against Surf the Andes LLC will be filed only in a California court.
12. Severability
If any provision of this Release is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remainder of this Release shall remain in full force and effect.
13. Non-Signature Assumption of Agreement
If I fail to sign this Release but proceed to participate in the activities, it will be assumed that I agree to all terms and conditions of this Liability Release and Assumption of Risk Agreement. By participating, I confirm that I voluntarily and knowingly accept the terms of this agreement, whether or not I have signed it.
By hiring Surf the Andes LLC’s services or participating in its activities, I acknowledge that I have read, understood, and voluntarily agree to the terms herein, and I waive any rights or claims against Surf the Andes LLC to the maximum extent permitted by law.
Participant's Signature: _______________________
Date: _______________________
Participant's Printed Name: _______________________
Emergency Contact Name: _______________________
Emergency Contact Phone Number: _______________________