Waiver of Liability

PARTICIPANT WAIVER; RELEASE OF LIABILITY, INDEMNIFICATION, AND ASSUMPTION OF RISKS AGREEMENT By booking trip(s) through Responsible Travel Operadora de Turismo CIA. LTDA. and/or by participating on a tour you affirm that you and all tour attendees accompanying you fully understand and agree to the following Participant Waiver & Release of Liability. I acknowledge, attest, agree and represent as follows: I am at least 18 years of age, A parent/guardian must sign for minors (under 18 years of age). I understand and agree that during the tour, hike, dive, expedition, and/or during any other adventurous or active pursuits or trips in which I will participate under the arrangements of Responsible Travel Operadora de Turismo CIA. LTDA. and its travel advisors, employees, associates, suppliers, affiliated companies, or subcontractors, certain risks and dangers may arise, including, but not limited to, acts of God, the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions, the dangers of civil disturbances and war, terrorism, kidnapping, forces of nature, dangers and risks inherent in sporting activities, the negligent or reckless acts or omissions of Responsible Travel Operadora de Turismo CIA. LTDA., its travel advisors, guides, employees, officers, directors, associates, suppliers, affiliated companies, or subcontractors, travel by boat, automobile, train, ship, aircraft, or other means of transportation, road conditions, or other means of high altitude accident, injuries inflicted by animals, insects, reptiles, or plants, trails, hotels, and accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance; the lack of adequate medical attention once provided. Traveler assumes complete and full responsibility for and hereby releases Responsible Travel Operadora de Turismo CIA. LTDA. from any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. COVID-19: I understand that the World Health Organization has declared the novel coronavirus, also known as COVID-19 a pandemic. I understand that the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. I also understand that someone, e.g., another participant, a tour leader or guide, or other third parties could have the novel coronavirus but not show symptoms. As a result, governments and health agencies at all levels of government (e.g. state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. I understand that Responsible Travel Operadora de Turismo CIA. LTDA. has taken steps to reduce the risks of contracting the novel coronavirus but cannot guarantee that I or any minor in my custody or care will not become infected with the novel coronavirus. Further, I understand that participating in activities offered by Responsible Travel Operadora de Turismo CIA. LTDA. or using any of its equipment or property may expose or infect me or any minor in my custody or case. I understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in my trip, and I assume those risks. I understand and agree that the safety and wellbeing of minors under the age of 18 accompanying myself or my party are my sole responsibility. I agree not to consume alcohol during the tour if I am under 18 years of age or do not have valid government-issued identification in my possession during the tour. I understand that tastings may involve optional alcoholic beverages. If I am at least 18 years of age with valid government-issued identification, and I choose to consume alcohol before, during, or after the tour, I accept full and sole responsibility for my behavior, wellbeing, and health. Responsible Travel Operadora de Turismo CIA. LTDA. shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with any of the above and/or terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the Tour Operator's control. In addition, I acknowledge that I have voluntarily applied to participate in the chosen trip itinerary and my signing this form constitutes acceptance of the agreed upon travel arrangements as well as my obligation to pay for these arrangements. I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to negligence in any manner on the part of Responsible Travel Operadora de Turismo CIA. LTDA. including without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to equipment selection or maintenance, in the maintenance, selection, or operation of any van or other motor vehicle or vessel utilized to transport passengers, etc; physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, canoe, kayak, raft, bicycle, horseback or other animals, by foot, or by any other transportation; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; terrorism; criminal activity; dangers associated with wild or other animals; breakdown or failure of any equipment; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced luggage or property. I acknowledge that the enjoyment and excitement of foreign travel/adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks and the corresponding enjoyment and excitement contribute to the reason for my voluntary participation on this trip. I understand that my safety is my sole responsibility. I understand while on the tour I may become injured or harmed. I assume sole responsibility for this risk and release Responsible Travel Operadora de Turismo CIA. LTDA. and its travel advisors, employees, associates, suppliers, affiliated companies, or subcontractors from all liability or damages resulting from my participation. AS LAWFUL CONSIDERATION for being permitted by Responsible Travel Operadora de Turismo CIA. LTDA., Ecuador registered company, to participate in such trips and activities, I hereby agree that I, my heirs, legal representatives, or any member of my family will not make a claim against or sue Responsible Travel Operadora de Turismo CIA. LTDA., or any of its travel advisors, guides, employees, associates, suppliers, affiliated companies, or subcontractors for bodily injury, death, emotional trauma or property damage resulting from my participation on the tour. I therefore release and discharge Responsible Travel Operadora de Turismo CIA. LTDA., its travel advisors, guides, employees, associates, suppliers, affiliated companies, or subcontractors from and against any and all liability arising from my participation in the tour or expedition for any reason whatsoever. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. Under no circumstances shall Responsible Travel Operadora de Turismo CIA. LTDA. be liable to any tour participant for more than the amounts set forth in the cancellation policy noted in the Terms and Conditions of the trip applied for on this document. I waive any charge-back rights. In the event of a dispute, requests for a refund will be made using and in accordance with the procedures described under "Cancellation and Refunds" as stated in the Terms and Conditions for this trip. This Participant Waiver & Release of Liability and subsequent Terms & Conditions shall be construed in accordance with, and its validity and effect (including any claims for breach of any of the terms thereof) shall be governed by the laws of the Republic of Ecuador, and this Participant Waiver and Release of Liability and subsequent Terms and Conditions contains the entire understanding and the agreement of the parties hereto and supersedes all other written and oral exchanges, arrangements or negotiations among them, whether written or oral, concerning the subject matter hereof. In consideration of and as a part of the payment for the right to participate in such tour, hike, dive, expeditions, or other adventurous or active pursuits or trips and as a part of the payment for the services arranged for me by Responsible Travel Operadora de Turismo CIA. LTDA. and its travel advisors, employees, associates, suppliers, affiliated companies, or subcontractors, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of Responsible Travel Operadora de Turismo CIA. LTDA, its travel advisors, guides, employees, officers, directors, associates, suppliers, affiliated companies, or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD Responsible Travel Operadora de Turismo CIA. LTDA. and its travel advisors, employees, associates, suppliers, affiliated companies, or subcontractors, HARMLESS against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by Responsible Travel Operadora de Turismo CIA. LTDA. and its travel advisors, employees, associates, suppliers, affiliated companies, or subcontractors. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THIS RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT Responsible Travel Operadora de Turismo CIA. LTDA. HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT. I further agree that any legal dispute involving these travel services shall first be subject to the alternative dispute resolution clause as referenced herein. In the event that jurisdiction of a court shall be necessary then all matters shall be heard only by the courts of the Republic of Ecuador. I acknowledge that in calculating the cost of the tour or trip, Responsible Travel Operadora de Turismo CIA. LTDA. has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, Responsible Travel Operadora de Turismo CIA. LTDA. would have been unable to offer these services to me. I fully understand that this is a legally binding and enforceable contract and sign it of my own free will. 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. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.