BOA-MEXICO OUTDOOR ADVENTURES S DE RL DE CV
ACCEPTANCE OF RESPONSIBILITY, ACKNOWLEDGMENT
If in the event that I become ill or injured during the trip I agree to BOA personnel administering medicine and/or first aid. I expressly agree on behalf of myself (or in the case of a guardian signing for a minor, on behalf of the minor) to accept and assume all responsibility and risk arising from my participation in the activity in which I am about to engage and travel to and from that activity and agree to hold Baja Outdoor Activities, its officers, directors, agents and employees harmless there from.
COVID-19: I understand that the World Health Organization has declared the novel coronavirus, also known as COVID-19 (“the novel coronavirus”) 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 party could have the novel coronavirus but not show symptoms. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. I understand that Baja Outdoor Activities 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 Baja Outdoor Activities 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 expressly agree on behalf of myself (or in the case of a guardian signing for a minor, on behalf of the minor) to accept and assume all responsibility and risk arising from my participation in the activity in which I am about to engage and travel to and from that activity and agree to hold Baja Outdoor Activities, its officers, directors, agents and employees harmless there from.
I hereby release and forever discharge Baja Outdoor Activities, its officers, directors, agents and employees from any and all liability claims, demands, actions, or rights of action which are related to, arise out of, or are in any way connected to my participation in this activity including specifically, but not limited to, the acts or omissions of Baja Outdoor Activities, its agents, officers, directors or employees for any and all injury, death, illness, disease (whether mental or physical) to myself and any loss or damage to my property.
In the printed copy you will have to complete and sign the following:
I have read this document and the Possibility of Port Closure Warning in the back and understand it is a release and waiver of all claims or rights to file a lawsuit or otherwise recover from releases. I have been given time to consider whether to sign this release and to review it with my own counsel, and have either done so or voluntarily elected not to do so. I have voluntarily signed my name showing that I accept the above provisions. I will be responsible financially for any lost equipment that was provided or that I rented. I grant permission to all of the foregoing to use any photographs, motion pictures, recordings or any other record of this trip for any legitimate purpose.
In the event that a departure is going to be delayed for a significant part of a day or more, we will provide an alternative day of kayaking in a beautiful sheltered bay on the Baja mainland, and perhaps spend our first night camping in that bay, unless we determine that conditions are so adverse that it would be preferable to spend another night in a hotel in La Paz. The cost of these alternative arrangements will be covered by Baja Outdoor Activities, as will the reasonable cost of meals through whatever alternative eating arrangements we make (ie. packed lunches, local restaurant meals, etc.) However, we will only cover the first such additional hotel night. In the very unlikely event that more than one additional hotel night is required, THEY WILL NOT BE COVERED BY BOA. For this reason, we recommend that all of our clients arrange travel insurance that would cover such an eventuality.
Towards the end of a multi-night trip on Isla Espiritu Santo, we may determine that there is a serious risk that the weather will deteriorate to the point that EITHER it would be too dangerous to travel back to La Paz on our planned schedule, OR that there is a good chance that the Port Captain would close the port, which would prevent us from leaving the port on schedule to bring a group back from the island. In such an event, if we decide to bring a group back from the island earlier than scheduled to avoid these risks, we will again cover the cost of one additional hotel night and local meals.
The decisions we make in these situations are based on years of experience operating in and around the Bay of La Paz. While we will always endeavor to deliver the exact itineraries we advertise, our first priority is your safety. Your understanding of the necessity for us to maintain a flexible approach to our scheduling is appreciated.
In the event that your planned itinerary is modified as described above, our liability will be limited to the stated extra hotel and food accommodations, and WE WILL NOT BE LIABLE FOR ANY OTHER EXPENSES THAT MIGHT BE INCURRED, SPECIFICALLY INCLUDING MISSED OR RE-SCHEDULED FLIGHTS. Although we have never had anyone miss their flight home due to bad weather and subsequent delay in the island shuttle, we cannot accept responsibility for such expenses. By undertaking a wilderness trip, you are accepting the fact that there is an element of risk in disruption of travel arrangements. For this reason we strongly advise all our guests to take out travel insurance.