Sportfishing activity liability waiver and release

1.1 Purpose of the Release. The Participant wishes to take part in sportfishing activities provided, organized or facilitated by the Released Party. As a condition of being allowed to take part in the fishing tour, the Participant enters into this liability waiver voluntarily and with full understanding of its legal consequences.

1.2 Acknowledgment of Risks. The Participant acknowledges that sportfishing takes place in open water aboard small vessels and carries risks inherent to the activity, including, among others, swell, changing weather conditions, movement of the vessel, use of hooks and fishing gear, sun exposure and contact with marine species.

Unless otherwise stated, the following terms have the meanings set out below:

"Activity" means any sportfishing tour, vessel excursion or water-related recreational activity organized, operated or provided by the Released Party.

"Claims" means any and all liabilities, demands, actions, causes of action, lawsuits, damages, losses, costs or expenses of any kind or nature, known or unknown, foreseen or unforeseen.

"Effective Date" means the date on which this Agreement is electronically accepted by the Participant in connection with the sportfishing tour booking.

"Participant" means the person taking part in the sportfishing activity who accepts this release of liability.

"Released Party" means sal y sol, its owners, directors, officers, employees, agents, representatives, captains, crew members and affiliates.

3.1 When It Applies. This release shall apply at all times while the Participant takes part in the Activity. The terms and conditions contained herein shall remain in full force and effect during each participation in sportfishing activities with the Released Party.

3.2 Assumption of Risk. The Participant expressly and specifically assumes all risks associated with taking part in sportfishing, whether foreseeable or unforeseeable, including property damage, personal injury, illness or death arising from participation in the Activity.

3.3 The Release Covers Ordinary Negligence; Gross Negligence Is Excepted. This release covers, and the Participant expressly waives, any claim arising from the ordinary negligence of the Released Party. This release does not cover, and the Released Party does not intend to release, waive or discharge liability for, gross negligence, willful misconduct or intentional acts, to the extent such a limitation is required by applicable law.

4.1 Consent to Emergency Medical Treatment. The Participant expressly authorizes the Released Party, its captains and crew members to arrange, consent to and obtain or administer first aid and emergency medical treatment on the Participant's behalf, in the event the Participant is unable to do so during the Activity, including transport to the nearest appropriate medical facility. This authorization does not obligate the Released Party to provide medical treatment, nor does it make it responsible for the cost, quality or outcome of such treatment.

4.2 Participant's Responsibility for Their Own Health. The Participant represents and warrants that they are physically fit and mentally capable of taking part in sportfishing activities, and assumes sole responsibility for any medical expenses incurred as a result of illness or injury suffered during the Activity.

5.1 Grant of Permission. The Participant grants the Released Party, its successors and assigns, the irrevocable and unrestricted right to use, publish and copyright photographs, video and audio recordings of the Participant taken during the Activity, for promotional, commercial or any other lawful purpose, without compensation or prior approval.

6.1 Release and Discharge. The Participant, on their own behalf and on behalf of their heirs, executors, administrators and assigns, permanently releases, waives and discharges the Released Party from any claim, demand or cause of action arising from participation in the sportfishing Activity, with the sole exception of claims arising from gross negligence, willful misconduct or intentional acts.

6.2 Covenant Not to Sue. The Participant covenants not to bring any legal action, lawsuit or claim against the Released Party for injury, loss or damage suffered during the sportfishing tour, subject to the limitations set out in this Agreement.

7.1 Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Baja California Sur and the applicable federal law of the United Mexican States, without regard to its conflict-of-laws principles. The Parties submit to the jurisdiction of the competent courts of La Paz, Baja California Sur.

7.2 Severability. If any provision, clause or sentence of this Agreement is held invalid, unlawful or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

7.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to its subject matter and supersedes any prior discussion, negotiation or representation, whether oral or written.

This Agreement is designed to be entered into electronically. By checking the acceptance box and submitting the booking/waiver form on the Released Party's website, the Participant affirmatively agrees that: (a) they have read and understood this Agreement in its entirety; (b) they are over 18 years of age, or else this Agreement has been separately accepted by their parent or legal guardian; (c) their typed full name constitutes their electronic signature; and (d) the Released Party may retain a record of the accepted text, the name typed by the Participant, and the date, time and IP address of acceptance, as evidence of this Agreement.