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Recreational Activity Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement
Express Assumption of Risk Associated with Recreational Activities.
At San Blas Dreams, Avenida 5a B Sur, Casa 2, Marbella, Panamá.
I, hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activity generally described as outdoor adventure tour , including the rental of equipment and transportation associated therewith of which I am about to engage in. Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death. 2. Possible equipment failure and/or malfunction of my own or other’s equipment. 3. This activity takes place outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, impact of the body upon the water, injection of water into my body orifices, encountering objects either natural or man-made, exposure to animals with the attendant risks of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death. 4. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, rapids, weather, trails, and route location. 5. Attack by or encounter with insects, reptiles, and/or animals. 6. Accidents or illness occurring in remote places where there are no available medical facilities. 7. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in the activity(ies) described above the related activities, I hereby agree, acknowledge and appreciate that.
I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releases.
To release the releases, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By executing this document, I agree to hold the releases harmless and indemnify there in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced.
We are not responsible for weather conditions, actions by government employees, civil disobedience, acts of God or other random events that may occur. We do our best to work around/avoid these events and will keep you informed of any changes that may occur to your trip. We are not responsible for lost or damaged items. All passengers should have travelers insurance prior to the trip.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. BY PURCHASING A TRIP WITH "SAN BLAS DREAMS COMPANY" I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO BE A PARTY TO THE ABOVE WAIVER.
REFUND POLICY - IMPORTANT (PLEASE READ)
REFUNDS WILL BE MADE WHEN: • Refunds of deposit amounts will be given when a guest cancels their booking more than 72 hours prior to departure (5:30am). We will refund you the full amount paid. • San Blas Dreams cancels a guest's trip or weather makes it unsafe to travel to the islands refunds will be given. Tours can be rescheduled (or canceled) only in case of emergency weather conditions, which involve the closure of the competent authorities.The client can decide whether to change the date or request a full refund. *In the reimbursement phase we reserve the right to charge the customer the commissions due to bank transfers and other payment methods (credit or debit card).
NO REFUNDS ARE GIVEN WHEN: • Cancellations with less than 72 hours (5:30am) and no show: It is not possible to reschedule. 100% penalty. If you have paid a deposit, we will not refund the amount paid. • If the reservation is made within the previous 72 hours before the tour, and the guest wants to cancel, the deposit paid would be lost. •When guests choose to leave the islands earlier than scheduled. We can try to arrange guests to depart on a date or at a time earlier than scheduled, but refunds will not be given. • When guests choose not to take part in a tour already purchased. • Weather not to guests' liking. Our tours are guaranteed in any weather conditions, rain or shine. Unfortunately we cannot accept tour rescheduling related to weather conditions. • When guests are not at the stated pickup location on time and miss their departure. In this situation we will only retain the deposit amount (which is paid to the driver and the island) and we will help arrange another pickup for the guest (a new deposit will be required).
TOUR CHANGES: • You can change the tour date up to 72 hours before the start by contacting our office team. If we have spots available, we will be happy to reschedule your tour. Some rescheduling may be subject to modification costs related, in particular in relation to the cost of the tour already booked.
GUNA YALA CONDITIONS: Guna Yala is a semi-autonomous indigenous Comarca (territory). The comarca, it's residents and approved agencies such as ourselves are under the authority of the Guna Congreso (government) when operating within the territory. As guides and an agency for Guna Yala law requires us to work within a network of approved Guna contractors for island accommodation and staff and within a similar network for approved regulated transportation services. Non Guna staff members are prohibited in the islands, as are non Guna owned assets being used for commercial purposes. We are required to prepay our contract partners for accommodations and transportation. As such, In the event of a service error we cannot guarantee refunds will be given. Despite regulating the options for contractors the Guna government does not provide support on any level for us to be able to enforce standards or reap compensation from contracts that do not provide the agreed upon service.
At San Blas Dreams we are guides and an experience curator that provides the most consistently excellent Guna Yala tourism experiences available. Our customer service agents are available 24 hours a day, 7 days a week, 365 days a year. We have demonstrated excellence in our 9 years of leading guests through these islands. We will always make ourselves available to communicate with guests and help them resolve issues in a fair manner. We will investigate each issue, advocate for the guests and encourage our partners to resolve these things in a fair manner. If a partner fails to resolve an issue in a manner we think is fair we will make that known, encourage change and consider other options within the limited network if problems are not resolved well or are repeated regularly.