ASSUMPTION OF RISK AND RELEASE OF LIABILITY FORM

In this “Agreement” the term Activities shall include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by TOURS TO DO PR and shall include but are not limited to: salsa classes, hiking, trekking, rock climbing, rappelling, cave exploration, camping, travel to and from the tour areas, orientation and instructional courses, seminars and sessions; and other such activities, events and services in any way connected with or related to these activities.

The Participant acknowledge that he/she has read, understood, and accepted the following points:

- The Participant understand that that there are risks associated with the activities he/she will be undertaking with Tours To Do PR and its agents and contractors (including, but not limited to, Adventure Life PR, Tours to Do and Mariex Adventures) and he/she accepts that it is neither desirable nor feasible to remove all risk from these activities and that this risk is an essential part of the adventure experience and provides the challenge of outdoor activities.

- The Participant understands and acknowledges that TOURS TO DO PR cannot guarantee safety thereof, as all risks cannot be prevented. The Participant agrees to voluntarily assume the risks of the Activities, including but not limited to the possibility of death by physical injury or drowning, loss of limbs, broken bones, internal injuries, head injuries, cuts, bruises, sprains, insect bites, allergic reactions, and illness. Furthermore, the Participant assumes the risk of being lost, exposure to extreme temperatures and extreme weather conditions, physical exertion, limited food, water and shelter and the possibility of serious mental or emotional trauma as a result of any or all of the above inherent risks.

- The Participant is aware that TOURS TO DO PR, its employees, agents and contractors will take all reasonable and practicable steps to manage these risks to an acceptable level. The Participant also acknowledges that should he/she act contrary to, or outside of, the instructions and advice he/she has been given, he/she significantly increase his/her risk and in doing so will be personally responsible for any consequences. The Participant is also responsible to ensure that his/her actions or inactions does not jeopardize the safety of others.

- The Participant is responsible for informing TOURS TO DO PR BEFORE the Activity of any existing illness, injury or allergy that he/she has that might affect my ability to undertake the Activity, or which might require treatment. Moreover, it is his/her responsibility to inform the guides of any extra help he/she may need either before or during the ride owning to this condition.

- The Participant assumes full and complete responsibility for checking and confirming any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those activities.

- The Participant further acknowledges that if he/she drives their own vehicle or are passenger in another’s private vehicle in connection with this trip/function, that TOURS TO DO PR’s auto insurance does not cover such a private vehicle. Participant also understands that TOURS TO DO PR cannot be responsible for assuring the safety and reliability of such private transportation or driver, nor for any non-sponsored activities and travel that Participant chooses to participate in before, during or after TOURS TO DO PR’s Activities, and I therefore accept the risks and responsibilities associated with such private vehicle travel and activities.

- TOURS TO DO PR explicitly reserves the right for its guides to refuse to allow a Participant to ride or participate in some or all of and adventure if that Participant presents himself or herself under the influence of alcohol or drugs or if a Participant does not comply with the safety directions or behaves in a manner that puts safety at risk. If a Participant under such a circumstance, there is NO REFUND or DISCOUNT or TRANSFER.

- Participants understand that TOURS TO DO PR’s first aid kits do not contain any drugs for internal use and that Participant needs to disclose and bring these if he/she might need them. Additionally, if Participant has the potential for severe allergic reactions to bee stings, insect bites, poison oak, sunburn, etc. it is their responsibility to inform the trip leader of the allergy in advance, and to bring the proper medication on the Activity.

- Participants assume any medical and emergency expenses in the event of an accident, illness or other incapability that results from participation in the Activity.

- TOURS TO DO PR reserves the right to cancel or modify the trip for the safety of Participants or where conditions make the tour unfeasible in its advertised form. Where the cancellation or modification is the result of circumstances outside of TOURS TO DO PR’s direct control (including, but not limited to, unseasonably bad weather, civil protests, an accident, or road closures or blockages), we will not provide ANY REFUND.

- Guests can cancel up to 3 days before the experience start time for a full refund, or within 24 hours of booking if the booking is made more than 48 hours before the start time.

- If you cancel less than 48 hours before the experience starts time, we will only refund 80% of the amount you paid.

- Any cancelations made less than 24 hours before your experience or tour start time will not be accepted and no money will be refunded.

- If the minimum number of travelers is not met, your money will be refunded.

I do hereby, in consideration of my participation in TOURS TO DO PR’s Activities, voluntarily elect to assume all risks of loss or damage to any property or any injury, including death, and hereby knowingly and freely release and agree to hold harmless and indemnify TOURS TO DO PR’s, its Directors and Officers, employees, volunteers, agents, collaborators, and contractors any other personnel from any and all liability, claims, damages, demands or causes of action whatsoever by reason of any damage, loss, exposure, or injury or death arising out of my participation in the TOURS TO DO PR’s Activities and from any and all liability for any act or omission or negligence or strict liability in obtaining, rendering or failing to obtain first aid or any kind of emergency medical care. This Release and Waiver of Liability shall be fully binding on the spouse, family, heirs, executors, administrators, successors, and assigns of the Participant.

I do hereby grant permission to TOURS TO DO PR to use photographs and videos of myself for any of its promotional materials (e.g., brochures, newsletters, website, social media sites, grant proposals, news media, etc.) without payment or any other consideration.

I HAVE CAREFULLY READ AND UNDERSTAND THE PROVISIONS AND LEGAL CONSEQUENCES OF THIS AGREEMENT, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST ABP TOURS AND TRAVELS.

I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. Any changes to this Waiver must be in writing and signed by both Parties.

• I agree and accept that this document, and any claim, suit, litigation or legal proceeding related to the same shall be subject to and interpreted exclusively in accordance with the laws of the Commonwealth of Puerto Rico, and that any such proceeding shall be carried out exclusively in the state courts of the Commonwealth of Puerto Rico. If any part of this agreement is held void, illegal or is declared without legal effect by a court of law, the enforceability, legality and applicability of the remaining provisions set forth herein shall not be in any way affected or limited.