This is a legally binding contract – please read it carefully

Assumption of Risks, Liability Waiver, and Indemnity Agreement of UPCLOSE BELIZE LIMITED

 UpClose Belize Limited (hereinafter the “Operator“) provides various tours, transfers, accommodations, and vacation packages (the “Services“) within Belize and the surrounding region.  “Participant”, “I”, “my”, or “Releasing Parties” refers to the individual receiving the Services, including spouse, heirs, next-of-kin, and personal representatives, and including any minors for whom I am a parent or legal guardian. Releasees: The term “Releasee(s)” shall include UpClose Belize Limited, its owners, managers, officers, directors, employees, agents, and insurers. This protection further extends to any independent contractors, tour guides, transfer providers, volunteers, and the successors and assigns of the Operator.

 I, the undersigned Participant, hereby certify and agree to the following:

  1. Assumption of Inherent Risks & Force Majeure: I acknowledge that the Services take place in rugged, remote, and unpredictable environments. I expressly agree that the Releasees are not liable for any harm, injury, death, or financial loss resulting from these risks or the ordinary negligence of the Releasees. I voluntarily assume all foreseeable and unforeseeable risks, including but not limited to risks listed below:
  • Environmental Hazards: Extreme weather (heat, humidity, heavy rain), rough/slippery terrain, narrow trails, and unpredictable sea/river conditions.
  • Physical Demands: Strenuous activities, including horseback riding, hiking, paddling, swimming, and cave exploration, or standing and walking for extended periods on uneven surfaces.
  • Wildlife & Nature: Potential encounters with animals, insects, marine life, and hazardous flora.
  • Logistics: Risks inherent in various modes of transport (road, water, or trail), including being jostled, bounced, or shaken, and potential collisions with other persons, vehicles, or objects.
  • Equipment & Third Parties: Potential equipment failure and acts or omissions of independent third-party vendors (lodging, food, equipment, rentals) over whom the Releasees exercise no direct control.
  • Force Majeure: Acts of God, civil or political unrest, criminal activity, infrastructure disruptions, or operational delays beyond the Releasees’ control.
  1. Medical Warranty and Safety Compliance: I am physically and mentally fit for the Services and have no medical conditions (including cardiac, respiratory, orthopedic, pregnancy, etc) that could be aggravated by participation. I agree to wear all mandated safety gear at all times and will immediately notify a guide of any perceived equipment malfunction or safety concern. I understand that removing gear increases the risk of injury or death and may result in my immediate removal from the tour without refund.
  1. Infectious and Communicable Diseases: I acknowledge the contagious nature of transmissible diseases and voluntarily assume the risk of infection. I release the Releasees from all claims related to the contraction of any disease through the actions or negligence of myself or others.
  1. Emergency Medical Authorization, Costs, and Logistics: I authorize the Releasees to secure medical treatment or rescue services on my behalf without further consent. I assume sole financial responsibility for all costs incurred. I acknowledge that medical standards in Belize may differ from those in my home country, and that the Releasees are under no legal duty to provide such services. I hereby release the Releasees from any liability regarding the quality, timing, or availability of medical care or evacuation. I acknowledge that the Releasees provide no personal insurance; I am solely responsible for all costs related to medical treatment, property loss, or emergency evacuation.
  1. Publicity and Image Release: I grant the Operator the irrevocable right to use my image, voice, and likeness captured during the Services for promotional purposes in any media without compensation.
    [ ] Check here only if you wish to opt out.  
  1. Final Release, Covenant Not to Sue, and Indemnity:
  • Binding Waiver: I, for myself and all Releasing Parties, irrevocably waive, release, and forever discharge the Releasees from all claims for breach of contract, tort, injury, illness, or death, even if caused by the ordinary negligence of the Releasees.
  • Covenant Not to Sue: I agree never to institute legal action against the Releasees. This document acts as a permanent bar to any recovery.
  • Indemnification and Duty to Defend: I expressly agree with the following financial protections:
    • Claims Brought by Me or My Behalf: If I, or anyone on my behalf, files a claim against the Releasees in violation of this Agreement, I agree to indemnify, defend, and hold harmless the Releasees. I accept full and immediate financial liability for all damages and associated legal and court expenses, including full attorney’s fees on a “solicitor and own client” basis.
    • Claims Caused by My Actions: I agree to indemnify and hold harmless the Releasees, and accept full financial responsibility, against all claims or losses brought by third parties arising from my own conduct or negligence, including property damage or injury to others.  
  1. Governing Law, Jurisdiction, and Severability: I agree that this Release is governed by, and shall be construed and enforced in accordance with, the Laws of Belize without regard to any country’s conflicts of laws. Any legal action must be brought exclusively in the courts of Belize. I waive any claim that Belize is an inconvenient forum.  If any of the provisions hereof are found to be invalid or unenforceable, I agree the provision shall be modified to make it valid and enforceable to the maximum extent permitted by law.  Any such unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Release as a whole.  

  1. Final Acknowledgment and Digital Execution

    By checking the box provided and/or completing this booking, I represent that I have read this Liability Waiver and Release in its entirety, understand its significance, and agree to be bound by its terms. I agree that my digital acknowledgment serves as a legally binding signature. I understand that I will also be required to provide a physical signature prior to the commencement of my tour.

    MINORS: I am the Parent or Legal Guardian of the minor(s) listed in this booking. I provide this Release on their behalf and warrant that I have the legal authority to bind them to these terms.