In consideration of the services of Caribbean Adventure Tours, LTD, Nature River Park LTD, EXCURSIONES EN CATAMARAN AQUACATS, S.R.L., Parque Histórico y Arqueológico de La Isabela and any individuals or entities associated with Caribbean Adventure Tours, LTD including all Cruise Lines (collectively referred to as “CAT”), I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD CAT HARMLESS FROM any and all claims, demands and causes of action either in law, admiralty or equity, by reason of any matter, cause or thing whatsoever, known or unknown, which are in any way associated with my participation in this activity, the use of CAT equipment and facilities, including any such claims which ALLEGE NEGLIGENCE WHATSOVER ON BEHALF OF CAT, INCLUDING NEGLIGENCE OUTSIDE OF THE INHERENT RISKS OF CAYO ARENA CATAMARAN AND FRICOLANDIA COMBINATION ACTIVITY (herein after referred to as “Activity” regardless of marketing or titling under a different tour name by outside entities or the guest’s participantion in only part of the described activities) AND ANY INJURY, DEATH OR PROPERTY DAMAGE WHATSOEVER, RELATED TO AND ANY WAY CONNECTED WITH MY INVOLVEMENT IN CAYO ARENA CATAMARAN AND FRICOLANDIA COMBINATION ACTIVITY.

In other words, by signing below you are giving up the right to sue CAT for any injury, death or loss of any kind caused by an accident while you are participating in the Activity including transportation and transit to and from the Activity. This means that you are giving up the right to sue CAT for negligence, including negligence outside of the inherent risks of the Activity.

1.    I ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITY CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED. THESE RISKS MAY RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH OR DAMAGE TO MYSELF, TO PROPERTY OR TO THIRD PARTIES.

Hazards, include, but are not limited to:  walking on uneven surfaces including stairs, slippery wet floors, sea sickness or dizzy, fall off of pier, injury embarking or disembarking catamraran, swimming, snorkeling, drowning, falling off moving vessel, injury caused by movement during navigation, sinking of catamaran, capsided catamaran, being cut by propellers, other vessels navigating in the area, failure of life vests, changing water currents and winds, duration for aid or evacuation resulting from the activity’s remote location; allergies of food provided, the hazards associated with vehicle transportation including entering or exiting vehicles, vehicle accidents, and collisions, failure of equipment, road conditions, and other vehicles and drivers; the forces of nature, including lightening, weather changes, and overexposure to sunlight; the risks of insect or animal and fish bites or sea urchins sting; cut, rash or allergy to coral reef; risks associated with the physical condition or actions of other participants or third parties outside of CAT staff; my own physical condition, and the physical exertion associated with this activity. Furthermore, CAT employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.


I ELECT TO VOLUNTARILY PARTICIPATE IN THIS ACTIVITY WITH FULL KNOWLEDGE, ACCEPTANCE, AND ASSUMPTION OF ANY AND ALL RISKS INCLUDING INJURY OR DEATH.


2.    I affirm that I am in good physical and mental health and I am capable of participating in the activity. I understand that it is solely my determination whether I am physically and mentally able to participate in the activity.
3.    I affirm and promise that I am not under the influence of any drug (legal or illegal) and/or alcohol, and I affirm and promise that I will not participate in the Activity while impaired by any drug (legal or illegal) and/or alcohol.
4.    Should CAT, or any person or entity acting on its behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to reimburse any and all such attorneys fees and costs.
5.    Should a dispute arise under this agreement, I agree that any legal action brought on my behalf against CAT shall be governed by the law of the State of Puerto Plata, and shall be filed within Puerto Plata, Dominican Republic.
6.     Should any portion of this agreement be found void or unenforceable, the remaining portions of this agreement shall remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto, and shall not be altered except in a writing signed by both parties. This agreement shall be considered a contractual agreement, and not a mere recital.

Model & Photo Release- I hereby grant CAT the irrevocable right to use my name (or any fictional name), picture, portrait, or photograph in any form and in any type of media and in any manner that CAT has authorized, without any restriction as to changes or alterations (including but not limited to composite or altered representations or derivative works which incorporating the photograph(s) and any written copy that may be created and appear in connection therewith) for advertising, trade, promotion, exhibition, or any other lawful purposes. I further waive the right to inspect any such use of my name (or any fictional name) and picture, portrait, or photograph prior to its use (including publication) by CAT for advertising, trade, promotion, exhibition, or any other lawful purposes and any compensation for such use.
I have had the opportunity to review and ask questions regarding this Express Assumption of Risk-Waiver & Release of Liability, and I AFFIRM THAT I HAVE READ THIS ASSUMPTION OF RISK - WAIVER & RELEASE OF LIABILITY. I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE CAT FOR NEGLIGENCE INCLUDING NEGLIGENCE OUTISDE OF THE INHERENT RISKS OF THE ACTIVITY. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
This excursion or activity may involve certain inherent risks, including death and personal injury, and I have not relied on any statements of the ticket seller or cruise line in selecting this excursion or activity. I agree the ticket seller or cruise line is not responsible for, and has no control over, the actual operation of this excursion or activity.  In consideration for participating in this excursion or activity, I hereby irrevocably and permanently release any and all claims of any kind or nature whatsoever, including but not limited to claims for personal injury, death, loss, damage or delay, against any cruise line involved in my travel and entity selling tickets to this excursion or activity. I and everyone in my party meet any age or health restrictions for this excursion or activity.
 
I understand that if I choose not to sign and fully agree to this complete release, my participation fees will be refunded as allowed by my contractual agreement with the ticket seller