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    Liability Agreement for Guests

    PARTICIPATION AGREEMENT, RELEASE OF LIABILITY, AND EMERGENCY CONTACT
    You may not complete/submit this Agreement on behalf of another person 
    Please READ CAREFULLY
    ​Please read the Agreement, complete all fields, and check "I AGREE" under each section below:  
    I hereby acknowledge that I have voluntarily applied to be a participant in the trip in Baja California, Mexico (such tour/trip activities may include, but are not limited to: 
    1. transportation by foot or vehicle from a pre-determined location in Mexico, with return transportation or guidance to a location in Mexico, and 
    2. consumption of wine, and/or beer, and/or spirits, and/or non-alcoholic beverages, and/or prepared food (such foods may contain nuts or be prepared in facilities that process nuts), and/or cooked or raw seafood, and/or cooked, raw or cured meats, and/or pasteurized or unpasteurized cheese, and 
    3. walking tours of beaches and or nearby towns, commercial or non-commercial markets. 
    4. Boat or Panga tours of nearby fishing points of interest, fisheries or other similar facilities.
    5. Cooking.
    6. Stand up paddle boards
    7. Horse shoes
    8. Wind Surfing
    9. Off road riding with different vehicles.
    10. Body boarding
    11. Mountain biking 
    12. Spearfishing
    13. Whale watching
    14. Other Sports
    15. Yoga
    16. Running
    17. Shell gathering
    18. Fireside activities
    19. Sun Bathing


    I AGREE FOR MYSELF, AND (IF APPLICABLE) FOR MEMBERS OF MY FAMILY, TO THE FOLLOWING:  *
    ​
    1. TO FOLLOW ALL DIRECTIONS. I agree to observe and obey all posted and orally conveyed rules and warnings, and further agree to follow any oral instructions or directions given by LODGE, or the employees, representatives, volunteers, agents, contractors or associates of LODGE. I understand that LODGE reserves the right to require any participant to withdraw from a trip (at his/her own expense) at any time if the trip director deems his/her acts, conduct, or health and welfare to be detrimental to, or incompatible with, the interest, harmony, comfort, or welfare of the trip or that of its other participants. In the case of trip withdrawal, whether required by LODGE or voluntary, I agree to be responsible for all the arrangements and costs of my return travel home.
    2. ASSUMPTION OF THE RISKS AND RELEASE OF LIABILITY. I am aware that there are certain risks and dangers involved with travel to Mexico. These risks, known or unknown, include, but are not limited to, the hazards arising from travel to a foreign country, travel by Plane, car, van, bus, and/or boat or ship, use of camera equipment, plants or animals, accidents, illness, and acts of man, nature. I also recognize that there are certain inherent risks associated with the above described trip and tour activities and I herby voluntarily assume full responsibility for all these and all other hazards which may be encountered on this trip and, except for gross negligence, I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge LODGE and its employees, volunteers, agents, representatives, contractors and vendors for injury, loss or damage arising out of my or my family’s participation in the trip and tour operated by LODGE, and in connection with the use of LODGE’s owned, leased, or rented vehicles and equipment during the trip, whether caused by the fault of myself, my family, LODGE, or other third parties, and whether in The United States of America or in Mexico. I will not hold LODGE liable for indirect, incidental, consequential, special or exemplary damages (even if I have been advised of the possibility of such damages), arising from breach of this agreement, or arising from any other provision of this agreement, such as, but not limited to, loss of wages or revenue or anticipated profits or lost business (collectively, “disclaimed damages”). I agree that LODGE’s cumulative liability related to direct damages will be limited to the amount I have paid for LODGE’s services related to this agreement.
    3. INDEMNIFICATION. I agree to indemnify and defend LODGE against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or (if applicable) my family’s booking of, and/or participation in, the trip and/or tour operated by LODGE, or my or my family’s use of the LODGE vehicle(s), in The United States of America or in Mexico.
    4. FEES. If not already paid by the Effective Date of this Agreement, I agree to pay for my tour/trip fees invoiced by Abre Ojos Lodge. For fees, costs or bills incurred by me or (if applicable) my family that  not included in my LODGE itinerary, I agree to pay directly to the vendors and merchants on my tour/trip. Furthermore, I agree to pay for all damages that are caused by any negligent, reckless, or willful actions by me or (if applicable) my family, to owned, leased/rented or borrowed vehicle(s) or to facilities or equipment belonging to LODGE or its vendors. 
    5. REQUIREMENTS OF PARTICIPATION. LODGE tours and trips require that all participants must be in good overall physical health and have at least average mobility and strength. I represent that I and (if applicable) my family meet the minimum health and mobility requirements for this tour. I agree to produce proper identification and documentation at the time it is requested by Mexican or U.S. authorities, and that I am solely responsible for the safekeeping of my and (if applicable) my family’s travel documents. I understand that should I, or my family member(s), not be able to produce the proper travel document(s) or identification, or if the documents/identification I produce come into question, I/they/we may be detained by Mexican or U.S. authorities. In the case that I or my family member(s) are detained by Mexican or U.S. authorities, for any reason, I understand and agree that the other trip participants will proceed without me/them/us to the next tour destination and I will be responsible for all arrangements and costs of my/their/our travel to that destination, or return travel to my home. 
    6. POLICIES. I have read and agree to abide by all of LODGE’s rules and policies contained in this agreement and furthermore, I agree not to carry or transport the following items in LODGE vehicles: weapons, firearms, ammunition, knives (including pocket knives), non-prescription or illicit/illegal drugs, marijuana (including medical marijuana), drug paraphernalia, fireworks, or incendiary devices. I understand that LODGE vehicles will be left unattended several times throughout my trip, and as such, I will not leave any items of value in an unattended vehicle.  
    7. COMPLAINTS AND DISPUTE RESOLUTION. In the spirit of acting in good faith to resolve any/all issues I have, or may come to have, with Abre Ojos Lodge, I agree to surface any dispute or displeasure I have with/about LODGE, its service, products, employees, management, representatives, volunteers, agents, contractors, vendors, or associates, in writing with LODGE management directly and privately, and before taking any action which is intended, or would reasonably be expected, to harm LODGE or LODGE’s reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity for Abre Ojos Lodge. I agree that by booking and/or paying for and/or participating in a Trip with Abre Ojos Lodge, or by participating in LODGE activities, I will act in good faith to resolve any dispute or displeasure I have before making disparaging or negative remarks in a public forum (online or otherwise) about Abre Ojos Lodge, its service, products, employees, management, representatives, volunteers, agents, contractors, vendors, or associates. I further agree not to make any public statements that are false, untrue, do not represent the whole truth regarding the matter, or are purposefully misleading. 
    8. EFFECTIVE DATE. This Agreement shall become effective (the “Effective Date”) upon the date this Agreement is electronically signed by the Participant and submitted to Abre Ojos Lodge. 

​The Black Bass Lodge
Punta Abreojos, Baja California Sur, Mexico
​[email protected]
​Call or Text 619 - 981-4582 (USA)
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