Activity Waiver Form

Participant's Information:

I, the undersigned, hereby affirm that I consent to enroll and participate in Discover Roatan Excursion & Tours activities involving close proximity to and contact with animals including but not limited to dolphins, monkeys, parrots, macaws, horses, snakes, iguanas, and sloths.

I am cognizant of all the inherent dangers and risks of animal encounters and interactions, BOSS scooter, catamaran sail, snorkeling, dolphin encounters, snorkeling with dolphins, diving with dolphins, diving with sharks, other water sports, and activities such as; ATV, dune buggy, canopy zip-line, food tasting, golfing, horseback riding, kayaking, swimming, SCUBA dive, SNUBA dive, Little French Key, Little French Key activities, water parks, trampoline, pool or any other activity relating to a vacation (hereinafter “activities”). All such activities are at my own risk and I hereby freely and voluntarily release, discharge, waive and relinquish any and all claims or causes of action arising from or in connection with any activities including, without limitation, those for or relating to personal injury, illness, property damage or wrongful death occurring to me and/or arising against Discover Roatan Excursions & Tours, or any drivers, officers, agents, activity partners, servants, or employees of Discover Roatan Excursions & Tours or any affiliated corporation or subsidiary (hereinafter collectively referred to as “DRET”) as a result of my engaging in these activities, wherever and however such injuries, damages or death may occur and for whatever period of time said activities may continue, and I do for myself, my heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any actions or causes of action which may hereafter arise for me or my estate against DRET, and I agree that under no circumstances will I or my heirs, executors, administrators and assigns prosecute or present any claim for personal injury, illness, property damage or wrongful death against DRET, as a result of the negligence of DRET or otherwise.

I fully understand the hazards and dangers incidental to engaging in the activities and I hereby assume all such risks and dangers attendant to those activities, including, without limitation, any negligence of DRET.

If I obtain any equipment from DRET, I hereby accept the equipment in the condition as is. I acknowledge having examined the equipment and have satisfied myself that it is in good order and working condition. DRET accepts no responsibility for any defect in the equipment and does not warrant that it is suitable for any particular purpose. I agree that the use of any equipment is at my own risk. I agree that I shall return the same in good order and working condition and shall be financially liable for any deviations therefrom.

I grant DRET the right to take photographs of me and my family in connection with the enrolled activity. I authorize DRET, its assigns, and transferees to copyright, use and publish the same in print and/or electronically.

I agree that DRET may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. In the event that evacuation and/or further medical treatment is necessary, I agree that all expenses related to evacuation and/or further medical treatment shall be my responsibility should it be deemed necessary by myself or DRET.

BY SIGNING THIS AGREEMENT, I RELEASE, INDEMNIFY, HOLD HARMLESS, DRET FROM ANY CLAIM OR CAUSE OF ACTION I, OR MY ESTATE, MAY HAVE FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE OR WRONGFUL DEATH ARISING FROM ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF SAID PARTIES OR OTHERWISE. I AGREE TO HOLD HARMLESS DRET FOR ANY CLAIMS FOR AND/OR INJURY OR DEATH WHICH MAY OCCUR TO ME DURING OR AS A RESULT OF ANY ACTIVITIES.

JURISDICTION

I have read, fully understand, and agree to the printed conditions of this Release and Waiver and hereby waive for myself, my heirs, executors, administrators and assigns, any claims and demands or causes of action of any nature whatsoever against DRET, arising hereunder. This agreement shall be determined according to the laws of Honduras and shall be adjudicated in the courts of Honduras to the exclusion of any other courts.