Liability waiver and release for activities and tourism services

1.1 Purpose of the Release. The Participant wishes to take part in sportfishing activities, ground transportation, maritime excursions, or other destination services provided, organized, or facilitated by the Released Party. As a condition of being allowed to take part in any such activities and services, the Participant enters into this liability waiver voluntarily and with full understanding of its legal consequences to protect the provider company of the booked services.

1.2 Acknowledgment of Risks. The Participant acknowledges that maritime activities, sportfishing, and ground transportation carry inherent risks, including without limitation: for aquatic activities, swell, changing weather conditions, movement of the vessel, use of hooks and fishing gear, prolonged sun exposure, and contact with marine species; and for ground transportation, vehicular traffic, road conditions, and boarding/alighting maneuvers.

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

"Activity" means any sportfishing tour, vessel excursion, ground transportation service, lodging, or recreational activity organized, operated, or provided by the Released Party in the destination.

"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 booking of activities or services.

"Participant" means the person taking part in the activities or services who accepts this release of liability.

"Released Party" means Sal y Sol Sportfishing (including its drivers, captains, and tour operators), 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 any Activity or service provided. The terms and conditions contained herein protect the provider company and shall remain in full force and effect during each participation with the Released Party.

3.2 Assumption of Risk. The Participant expressly and specifically assumes all risks associated with taking part in activities and transportation, 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, drivers, and operational crew 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 booked activities and transportation, 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 Activity or transportation, 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 or any participating operator for injury, loss or damage suffered during the tour, transfer, or activity, 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.