PARTICIPANT AGREEMENT & ASSUMPTION OF RISK:
The PARTICIPANT agrees to abide by the Policies and Procedures sent when booking.
The PARTICIPANT has willingly chosen to participate in an adventure trip with outdoor activities such as fishing, hiking, diving, and boating.
The PARTICIPANT understands that these activities have inherent risks and hazards that may result in emotional trauma, temporary or permanent disability, or even death. These risks may include, but are not limited to, civil disturbances, hazardous travel in unsafe or politically unstable areas, transportation or means of evacuation and assistance, forces of nature, unexpected events, terrorist activities, social or labor unrest, mechanical or construction failures, diseases, bites or stings from insects or pests, encounters with domesticated or wild animals, local laws, climactic conditions, equipment malfunctions, becoming lost or separated from guides or other participants, failure to remain within designated areas, theft or break-ins into lodging, vehicles or elsewhere, stolen, lost, or misplaced luggage or property, abnormal conditional developments, or any actions, omissions, or conditions outside of Fly Fish Guanaja/Guanaja Getaways' control that are not otherwise mentioned herein.
The PARTICIPANT acknowledges and is aware that no medical facilities are located at any of Fly Fish Guanaja’s Locations and agrees to assume all risks.
The PARTICIPANT acknowledges and agrees to accept all risks related to the upcoming trip, both known and unknown. This waiver and indemnity agreement is designed to be as comprehensive and inclusive as legally permitted in Honduras and the U.S.A.
WAIVER OF LIABILITY, RELEASE OF INDEMNIFICATION, AND COVENANT NOT TO SUE:
The PARTICIPANT acknowledges and agrees to be responsible for their welfare and understands that Fly Fish Guanaja/ Guanaja Getaways is not accountable for instructing in safety rules during fly fishing or other activities, nor is it a function of Fly Fish Guanaja to act as a guardian of the PARTICIPANT’S safety.
The PARTICIPANT releases, and discharges Fly Fish Guanaja, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, successors, and assigns (collectively referred to as "Releasees") of any liability, claims, suits, and demands that may arise in connection with the tour or participation in any activities arranged by Fly Fish Guanaja/Guanaja Getaways.
The PARTICIPANT acknowledges that Fly Fish Guanaja will not be responsible for any additional costs due to delayed, canceled, or missed national or international flights, including but not limited to special local charters, for any reason.
KNOWING AND VOLUNTARY EXECUTION:
The PARTICIPANT hereby states that they are of lawful age and legally competent to sign this affirmation and release, that they/they understand the terms herein, that said terms are contractual obligations and not a mere recital of terms, and that they/they have signed this document of their own free will and accord.
THE PARTICIPANT acknowledges and agrees to accept all risks related to the upcoming trip, both known and unknown, has carefully read and understands this Agreement's provisions and legal consequences, and agrees to all its conditions.
THE PARTICIPANT understands that there are no exceptions to Fly Fish Guanaja / Guanaja Getaways’ cancellation and refund policies, to which THE PARTICIPANT previously agreed when booking the tour, including for reasons related to weather, terrorism, civil strife, personal, family, or medical emergencies or any other circumstances beyond Fly Fish Guanaja / Guanaja Getaways’ control.
By signing below (whether electronically, by pen-and-ink, or by facsimile counterpart) and submitting this document by any means, THE PARTICIPANT also acknowledges having carefully read and fully understand and agree to the contents and legal consequences of this Agreement, as well as Fly Fish Guanaja / Guanaja Getaways Policies & Procedures, the itinerary for the specific trip, and any other Fly Fish Guanaja / Guanaja Getaways’ material that governs the trip.
THE PARTICIPANT acknowledges to have been able to ask any questions and that Fly Fish Guanaja / Guanaja Getaways has answered all questions. THE PARTICIPANTS signature applies to all pages of this document.
Fly Fish Guanaja reserves the right to cancel without prejudice the trip and stay of any person(s) that we deem mentally or physically unfit to continue travel to the Fly Fish Guanaja Lodge. You must be in good health so as not to cause risk to yourself or others. No refunds will be given for any issues resulting in decisions made because you are unable (or unfit) to travel.
The laws of the state of Colorado shall govern this Release.