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LIABILITY AGREEMENT AND EXPRESS ASSUMPTION OF RISK

 

PLEASE READ THROUGH THE ENTIRE DOCUMENT AND SIGN BELOW

IN ORDER TO TRAVEL AND ENGAGE IN YOUR SCHEDULED PROGRAMS

YOU MUST SIGN AND RETURN THIS DOCUMENT 7 DAYS BEFORE YOU

ARRIVE IN CUBA.


All Customers must initial at the beginning of each paragraph to confirm they have read, understand and agreed to each section of this document and they will sign the completed form in the spaces provided.



I, (print name) hereby certify, acknowledge and agree to the following, each paragraph which I have initialed:


I recognize and understand that FISHING, DIVING, ECO-TOURING, WORKSHOPS, PROJECTS and CRUISING (herein referred to as “TOURIST PRODUCTS”) involve unavoidable risks and dangers, including fishing and diving equipment malfunction, risks due to environment, animal or sea life, currents and other environmental conditions, navigation, bad weather, boat conditions and other changing conditions, all of which can result in injuries and loss of life, I expressly assume those risks and I further save and hold harmless AZULMAR, MARINAS MARLIN, SWEET SPA SA, Avalon Outdoor, Avalon Wildlife, Fly Fishing the Run, Pro Outdoor and any agency related to the sale of the fishing and diving product in Cuba and its predecessors, successors, subsidiary entities, parents, subsidiaries and other related, directors, past or present, assigns, representatives, agents, lawyers, managers, administrators, employees, former employees, partners and workers, or any other person in any way related to the TOURIST PRODUCT (the "Exonerated"), including the companies that own and represent the vessels of the Gardens of Aggressor I (aka Jardines Avalon I), Gardens of Aggressor II (aka Jardines Avalon II), Jardines Avalon F I, Jardines Avalon F II, JAIII, Jardines Avalon III, Jardines Avalon IV, Georgiana, Perola, Oceans For Youth and any boat or vessel providing the TOURIST PRODUCT and the destinies AVALON JARDINES DE LA REINA / AVALON ISLA DE LA JUVENTUD / AVALON CAYO CRUZ / AVALON CAYO ROMANO / AVALON ZAPATA / AVALON CAYO LARGO / AVALON CANARREOS / AVALON CAYO SANTA MARIA, its employees, officers, agents or assigns and representatives from now on for the purpose of this document "THE EXONERATED"

.

I understand and agree that from the moment I go aboard one of "THE EXONERATED", Boats to the moment I get down at Harbor, there are certain rules of the Boat captain that I must strictly follow and I agree that during my stay aboard "THE EXONERATED", boats there are certain risks and dangers which may result injuries and even death. I expressly assume those risks and I further save and hold harmless "THE EXONERATED", its employees, officers, agents or assigns and representatives (hereinafter called "Released Parties") who CANNOT be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs or assigns that may occur as a result of my stay aboard "THE EXONERATED", boats or as a result of any activities conducted during the cruise.


I personally assume all risks associated with all activities during my stay on board "THE EXONERATED" boats, the destination accommodations, and provided vehicular transfers, for any damage or injury that may happen to me, including all related risks, both intended and unintended. Also, I hold harmless such activities and the Released Parties with respect to any action or lawsuit brought by myself, my family, my estate, heirs or assigns, arising out of my participation in these activities, including claims arising during or after these activities.


I agree to abide by the rules of the Boat Captain, Fishing guide or fishing Instructor, diving guide, diving instructor, eco program guide, driver, and any associated staff members under the employ of Released Parties before, during and after engaging in the Tourist Products.


I understand that if I engage in activities associated with the Tourist Products there are certain risks and hazards that can cause injury and even death, I expressly assume those risks and I release "THE EXONERATED", its employees, officers, agents or assigns and representatives who cannot be held liable or responsible in any way or for any injury, death, or other damages to me or my family, heirs or assigns that may occur as a result of my activities during my stay in areas, wherein the Tourist Products are rendered, fishing or diving skiffs or "THE EXONERATED", boats or resulting from the negligence of any party, including the Released Parties.


I understand that there are many unknown risks related to the COVID-19 virus as well as other diseases, viruses and their variants, including, but not limited to, their transmission methods, presentation of symptoms, and duration the severity of infection and risks associated with infection leading to sickness or death. Furthermore, I understand and know the inherent risks associated with COVID-19 and other transmissible diseases and I agree to remain at "THE EXONERATED", with respect to any complaint, legal action or claim for any damages, whatever their nature, economic, financial blind or other, legal, contractual or non-contractual, directly or indirectly related to the transmission, contagion or spread of COVID-19 and other diseases and viruses, including those claims for damages derived from actions or omissions of any of the Exonerated, of any person who is in the boats or facilities, or of actions or omissions of my person while I am a guest or user of the boats and their facilities.


Everyone at Avalon Outdoor is thankful for your business and continued support of our conservation programs in Cuba.


When traveling to Cuba, you are subject to the current entry protocols and restrictions at the time of your trip. Please follow the guidelines carefully as it is your personal responsibility to travel within the current protocols. If sickness or unforeseen circumstances arise prior to your trip preventing you from being able to engage in your scheduled trip and you must return home, not travel, or are placed in quarantine; Avalon Outdoor assumes no responsibility to cover any of these associated costs or provide credit or rebooking for a future trip. Please consult your travel advisor for more information.


We hope to host you in Cuba safely and securely, and it is only with your cooperation that we will be able to do so.


I agree to the above statements and terms set forward in this document. By checking this box and signing below I waive any and all rights to make claims for refunds, credits, or rescheduling if I cannot engage in my scheduled trip due to travel screenings preventing me from being able to arrive and proceed on my scheduled trip as planned.


I personally assume all risks associated with the TOURIST PRODUCTS during my stay on board "THE EXONERATED", boats in their areas and boats associated with the TOURIST PRODUCTS, for any damage, injury, or damage that may happen, including all related risks, both intended and unintended. Also, hold harmless such activities and Released Parties with respect to any action or lawsuit brought by myself, my family, my estate, heirs or assigns, arising out of my participation in these activities, including claims arising during or after such activities;


I acknowledge that I am solely responsible for my own actions and activities while I am on board "THE EXONERATED", boats from the moment I leave harbor, no matter where these activities might take place and I cannot rely on no one else to be aware or advise me or guide me or to take care about my negligence or inadequate, erroneous, unsafe procedures while I engage in TOURIST PRODUCT activities. I will exercise my powers; and I will personally take care for my actions and assume full responsibility for damage or injury occurring as a result of my lack of attention or care by myself


I personally assume all risks associated with all activities during my stay on board "THE EXONERATED", boats for any damage, injury, that may happen to my property or myself, including all related risks, both intended and unintended. Also, hold harmless such activities and Released Parties with respect to any action or lawsuit brought by myself, my family, my estate, heirs or assigns, arising out of my participation in these activities, including claims arising during or after such activities;

I understand and agree that "THE EXONERATED" will not, at any time, provide for or be responsible for, the supervision of minor children, and that such supervision will be the sole responsibility of the minor child's parent or guardian;


I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired written consent of my parent or guardian;


I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free act.


I, , IN THIS DOCUMENT, I RELEASE AND EXONERATE "THE EXONERATED", ITS EMPLOYEES, OFFICERS, AGENTS AND REPRESENTATIVES OR ASSIGNS AND ALL RELATED ENTITIES, OF ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, DEATH, PROPERTY LOSS OR DAMAGE TO MYSELF MY FAMILY, HEIRS OR ASSIGNS AS A RESULT OF ANY ACTIVITIES DURING CRUISING ABOARD "THE EXONERATED" BOATS AND DESTINATIONS, OR DURING ANY ACTIVITIES RELATED, WHATEVER THE CAUSE, INCLUDING NEGLIGENCE OF THE RELEASED PARTIES, NO MATTER WHETHER SUCH NEGLIGENCE IS PASSIVE OR ACTIVE I AM FULLY INFORMED OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT BEFORE, I SIGNED IT ON BEHALF OF MYSELF MY FAMILY, HEIRS OR ASSIGNS


I ALSO UNDERSTAND AND AGREE THAT THIS RELEASE IS EFFECTIVE AND VALID FROM THE DATE I SIGN IT AND HAS NO EXPIRATION DATE AND I ALSO AGREE THAT ANY POSSIBLE CLAIM HAS TO TAKE PLACE UNDER THE JURISDICTION OF HAVANA, CUBA.


Name      Last name



Passport Number     Expiration date


Signature:


Email address:



Country:


Destination:


Arrival Date:



Departure Date:


Parent or Guardian, for minors under 18:


I accept the terms of this liability agreement.





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