Liability Release and Waiver
UpClose Belize (referred to as Operator below) offers various tours within Belize and regionally including Mexico, Guatemala, and Honduras. A condition to participating in any of the Tours is that Operator be released from all liability. This Liability Waiver and Release (Release) is intended to be, and is, legally binding. By participating in any activity, tour, or vacation package I deem acceptance with this Liability document.
You, (and any child who is participating or on whom you are acting as Guardian) (each a Guest), are waiving important rights, including the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any breach of contract, tort, personal injuries, any accident or incident of any type, or death, arising out of or related to participation in any activities with Operator, whether the participation is supervised or unsupervised, regardless of where such activity is conducted. If any aspect of this Release is unclear to you, please consult with your attorney prior to signing. If you disagree with any aspect of this Release do not participate in the Tour with Operator. By signing this Release, you agree you fully understand and agree to this Release and that you and others on your behalf or by or through you, are bound by the terms of this Release. You hereby certify the following: I understand Operator organizes travel tours (each a Tour) and facilitates the engagement of the persons and entities who provide the services included in the Tour package, but that Operator does not provide many of the services or supply any equipment for the Tour. I further understand that Operator does not control any of the other persons or entities who provide the services for any part of the Tour, including the means of transportation, guide services, the activities I will engage in, and the food and lodging I will obtain on the Tour. Operator is in no way responsible for any of the activities in which I will participate on any part of the Tour. The person or entity in charge of each activity on the Tour has the discretion to change anything related to the activity to protect my safety or the safety of the group. I understand that the Tour involves a large amount of walking and standing (either of which might be strenuous), being in crowds, and may include various modes of transportation and that all of the above involve certain inherent risks and dangers which no amount of preplanning may eliminate. During the Tour, I may encounter the following risks, as well as other not specified here: trip or fall; collisions or encounters with other persons or vehicles; being jostled; bounced or otherwise shaken; subject to very close contact with others; and being identified as a tourist. The travel terrain may be rough, narrow, uneven and unpredictable and, in some instances, I may be required to walk for a significant distance or stand for a significant period of time. I further acknowledge that delay, inconvenience, forces of nature; climate; crime; civil or political unrest; acts of terrorism; and personal injury or illness are risks that exist while on tours or in the country. I acknowledge that the Operator nor its contractors can control the weather, any of the services or products which I may obtain on the Tour or my personal safety, and that the duration and/or enjoyment of the Tour may be negatively impacted. All of these risks, and others not specifically listed above, may result in damage to property, injury or even death. I have asked any questions I have related to the Tour, all of which have been answered by the Operator or contractor providing the service. I agree I will follow all instructions given to me, use caution at all times, remain aware of possible dangers and will immediately advise Operator or the contractor for that part of the Tour of anything I believe is unsafe. I assume full responsibility for my safety and assume all risks of participating in the Tour. I am voluntarily participating in the Tour. I understand the physical requirements of participating, and warrant that I am physically and mentally able to participate, and that I currently have no known or suspected physical or mental condition which would impair my ability to participate or which could be aggravated as a result of the Tour. I understand and acknowledge that emergency medical treatment, hospitalization and/or evacuation may be desired, but may be limited in the geographic areas in which I will be traveling. I hereby authorize Operator to arrange medical treatment or hospitalization for me at my expense without my further consent, and authorize Operator to disclose my health or medical information in furtherance of any such medical treatment or hospitalization and receive updates on my condition and progress. I acknowledge that I may not receive the same standard of medical care as I would receive in the United States or other native country. I release Operator from any obligation to provide emergency medical care and any injuries or damages resulting from emergency medical treatment.
Understanding and assuming the risks, I agree for myself, my spouse, parents, children, siblings, next-of-kin, heirs and representatives (a) to waive, release, hold harmless and forever discharge Operator and its owners, managers, officers, directors, employees, contractors, agents and insurers, and all others acting on their behalf (each a “Releasee” and together the “Releasees”) from any and all claims, demands for loss, damages, injuries or other causes of action whatsoever, including those caused by the negligent act or omission of any Releasee or in any way arising out of or connected with participation in the Tour or Tour activities; and (b) not to sue or otherwise make any claim on account of any illness, injury, damage or loss whatsoever that I experience. I intend this waiver, release and discharge to be effective even if the illness, injury, damage or loss results from the negligence of any person (except if it is gross negligence, or willful and wanton or criminal conduct).
On behalf of myself, and my spouse, my parents, children, siblings, next-of-kin, heirs and representatives, I hereby voluntarily give up any right that I or they may otherwise have to bring any legal action against Operator and its owners, managers, officers, directors, employees, contractors, agents and insurers for any breach of contract, tort, personal injury (including death) or property damage or loss even if it was the result of the negligence of any person and even if Operator was aware or was advised of the possibility of the loss or damage.
I agree if I or anyone on my behalf or my spouse, parents, children, siblings, next-of-kin, heirs or representatives files a lawsuit or otherwise makes a claim or demand against any Releasee, I will indemnify the Releasee and pay all damages, judgments or amounts, expenses (including attorneys’ and expert witness fees) incurred by Releasee related to such lawsuit or claim. I agree I will defend, indemnify, and hold harmless Operator and its managers, owners, officers, directors, agents, employees, and independent contractors from and against any claim, demand, loss, injuries or other causes of action arising out of any damage I cause (whether alone or with others).
If any provision of this document is 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. If such modification is not possible, the provision shall be deleted but the remaining provisions of this document shall remain enforceable. This Agreement 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 principles. Any action brought arising out of or related to this Agreement must be brought only in the state or federal courts located in or having jurisdiction over Belize. I hereby waive any objection to the above courts exercising personal jurisdiction over me and waive any right to a defense that Belize is an inconvenient forum.
With respect to any minor child listed below, I warrant that I am the parent or guardian of the minor child and that I have the authority to decide that my child will participate in the Tour and to bind my child to the terms of this Release. By signing this Release, I consent to my child participating in the Tour and acknowledge that my signature binds both myself and my child.
I HAVE CAREFULLY READ THIS LIABILITY WAIVER AND RELEASE, UNDERSTAND ITS CONTENTS, AGREE TO ITS TERMS, AND SIGN IT OF MY OWN FREE WILL WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.