Contents
- Voluntary Participation & Assumption of Risk
- No Warranty or Guarantee
- Release of Liability
- Indemnification and Hold Harmless
- Physical Fitness & Insurance Responsibility
- Environmental & Natural Conditions
- Transportation & Third-Party Services
- Medical Authorization
- Conduct & Safety Compliance
- Binding Arbitration & Waiver of Jury Trial
- Limitation of Time to Bring Claim
- Governing Law, Survival & Integration
- Media Release
1. Voluntary Participation & Assumption of Risk
I understand that I am voluntarily participating in outdoor adventure activities organized, coordinated, facilitated, or operated by Paradise Seekers Puerto Rico LLC and its owners, members, managers, officers, employees, guides, agents, representatives, partner operators, subcontractors, affiliates, insurers, landowners, equipment providers, successors, assigns, and any other related entities (collectively referred to as the "Released Parties").
Activities may include, but are not limited to:
- Rainforest hiking and trekking
- Natural waterslides and cliff jumping
- River and ocean swimming
- Kayaking and bioluminescent tours
- Snorkeling and scuba-related excursions
- Zip lining
- Boat transportation and land transportation
- Travel to and from activity locations
- Any related outdoor recreational or adventure activities
I understand that outdoor adventure activities inherently involve significant risks that cannot be eliminated without changing the nature of the activity. These risks include, but are not limited to:
- Slippery rocks, uneven terrain, and falls
- Strong currents, flash flooding, or changing water levels
- Weather changes, rain, heat, or environmental exposure
- Wildlife encounters
- Equipment malfunction
- Physical exertion and fatigue
- Remote locations where emergency medical response and evacuation may be delayed
- Transportation-related incidents involving vehicles or watercraft
I acknowledge that these risks may result in injury, illness, emotional distress, property damage, permanent disability, or death.
I voluntarily and knowingly assume all risks, whether known or unknown, foreseeable or unforeseeable.
2. No Warranty or Guarantee
I understand that the Released Parties make no warranties, express or implied, regarding the safety, suitability, or specific conditions of any activity. Participation is voluntary and based on my own judgment and assumption of risk.
I acknowledge that I am not relying on any oral statements or representations not contained in this Agreement.
3. Release of Liability
To the fullest extent permitted under the laws of the Commonwealth of Puerto Rico and applicable United States law, I hereby RELEASE, WAIVE, and FOREVER DISCHARGE the Released Parties from any and all claims, demands, causes of action, damages, liabilities, or losses arising out of or related to my participation in the activities, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
This release applies to personal injury, death, property damage, financial loss, or any other harm arising from participation.
I understand that this release does not apply to gross negligence or intentional misconduct where prohibited by law.
4. Indemnification and Hold Harmless
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, liabilities, costs, or expenses, including attorney's fees, arising from:
- My participation in the activities
- My failure to follow instructions
- My negligent, reckless, or intentional conduct
- Claims brought by third parties arising from my actions
If signing on behalf of a minor, I agree to indemnify the Released Parties for any claims brought on behalf of the minor participant.
5. Physical Fitness & Insurance Responsibility
I certify that I am physically capable of participating in outdoor adventure activities and that I have not been advised otherwise by a medical professional.
I understand that it is my sole responsibility to determine my physical readiness for participation.
I understand that I am responsible for maintaining my own medical, health, and travel insurance coverage.
6. Environmental & Natural Conditions
I understand that environmental factors such as rain, river flow, ocean conditions, wildlife, temperature, moon phase, visibility, and other natural conditions are outside the control of the Released Parties.
Variations in these conditions do not constitute negligence and do not create grounds for liability or refund.
7. Transportation & Third-Party Services
I understand that certain activities, transportation services, equipment, or facilities may be provided by independent third-party operators.
I voluntarily assume all risks associated with such third-party services.
To the fullest extent permitted by law, I agree that the Released Parties shall not be liable for the acts, omissions, negligence, or misconduct of independent third parties beyond their reasonable control.
I understand that independent third-party operators may have their own terms, conditions, and liability policies.
8. Medical Authorization
I authorize the Released Parties to secure emergency medical care on my behalf if deemed necessary.
I accept full financial responsibility for any medical treatment, evacuation, or related expenses.
9. Conduct & Safety Compliance
I agree to follow all safety instructions provided by guides or staff.
I understand that failure to follow safety instructions may result in removal from the activity without refund.
10. Binding Arbitration & Waiver of Jury Trial
Any dispute, claim, or controversy arising out of or relating to this Agreement or participation in activities shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules. Arbitration shall take place in San Juan, Puerto Rico.
Each party shall bear its own attorney's fees unless otherwise required by law. Arbitration filing and administrative fees shall be allocated in accordance with the applicable AAA Consumer Arbitration Rules.
By agreeing to this Agreement, I waive the right to file a lawsuit in court, waive the right to a jury trial, and waive the right to participate in a class action.
The arbitration decision shall be final and binding.
If arbitration is deemed unenforceable, exclusive venue shall lie in the courts of San Juan, Puerto Rico.
11. Limitation of Time to Bring Claim
Any claim arising out of or relating to participation in the activities must be brought within one (1) year from the date of the incident giving rise to the claim. Claims not brought within this period shall be permanently barred.
12. Governing Law, Survival & Integration
This Agreement shall be governed by the laws of the Commonwealth of Puerto Rico.
This Agreement shall remain in effect after completion of the activities.
This Agreement constitutes the entire agreement between the parties regarding participation in the activities and supersedes any prior oral or written representations or agreements.
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
13. Media Release
I grant Paradise Seekers Puerto Rico LLC permission to use photographs or video recordings taken during the activities for marketing, advertising, and promotional purposes without compensation.
Participant Acknowledgment
By participating in activities with Paradise Seekers Puerto Rico LLC, I confirm that:
- I have read this Agreement carefully
- I understand that I am releasing legal rights
- I understand that this includes a release of ordinary negligence
- I understand that disputes will be resolved through binding arbitration
- I sign this Agreement voluntarily
Questions about this agreement? Contact us at (787) 209-2127 or info@psprtours.com before your tour date.