This is Client Information, Release of Liability, APIS, and Trip Insurance in one form.
The information you provide here will be used to file OFFICIAL CUSTOMS DOCUMENTS clearing you to travel by air to Mexico. Penalties for inaccurate information may result in a $5000 USD fine from Customs. Please double-check your data before submitting. Thank you!
NOTE: Your passport must be valid 6 months after the date of your return to board a plane in Mexico.
COA does NOT provide trip insurance; however, we recommend that you buy it.
We will give you a $30 discount to help offset the cost.
FULL ASSUMPTION OF ALL RISKS KNOWN AND UNKNOWN
(This is the legal stuff. Read it carefully so you understand what you’re getting yourself into, and consult a lawyer if necessary.)
As the Client, I am aware that the expedition that I’ve chosen to participate in under the auspices of Cedros Outdoor Adventures (COA), includes many risks and dangers, including but not limited to the dangers of traveling rugged terrain, accident or illness in remote places without medical facilities or availability of timely medical response, the forces of nature, travel in small craft upon open ocean waters, encountering dangerous and unpredictable wild animals on land and in the sea, and travel by air, boat, automobile, or other conveyances to, from and during my stay on Cedros Island, which is located in the municipality of Ensenada, State of Baja California Norte, Republic of Mexico.
I understand that to access the accommodations at Baja Magic Lodge on Cedros Island, I must be able to walk up and down a dirt road on a moderate incline for about 80 yards with gear. I hereby warrant and represent to COA that I am in good health and physically fit enough to undertake strenuous outdoor activities, and that I am not relying upon COA to provide me with any medications, medical treatment, special devices, conveyances or accommodations other than those specifically listed in the package description. I agree that if for any reason I am not able to make an emergency medical decision for myself, COA or any of its affiliates may (but is not required to) make that decision for me. I agree to waive all claims arising from emergency medical treatment rendered to me by others in good faith as a “Good Samaritan” no matter the outcome or result of that emergency treatment.
I understand that the Lodge provides comfortable but only rustic accommodations, and is located in close proximity to the edge of an unprotected cliff top. I acknowledge that there are steps within the ground floor rooms, and steps to the second floor with no ramps or elevator. As such, I acknowledge that the Lodge is not wheelchair accessible and I hereby waive any rights, claims, or complaints related thereto.
I understand that minors under the age of 18 are not prohibited on this expedition, but I also understand that COA has encouraged me not to bring very young children on this expedition. I understand that the decision whether to bring a minor child with me on this expedition is my decision and my decision alone, based solely upon my own judgment of whether the minor is physically and emotionally capable of strenuous outdoor activity and adventure, and not based in any manner upon any statements or assurances made by COA or of anyone associated in any way directly or indirectly with COA. I also understand that the supervision, safety, health and well being of any minor children brought by me on this expedition are my sole and total responsibility at all times.
I am aware that there is strenuous effort and many hazards involved in the activities offered by COA, including but not limited to travel by plane and boat, fishing for large species, getting in and out of open fishing boats, diving, kayaking, and hiking. I understand it is impossible to list all potential hazards that may arise on this expedition to a remote, isolated and rugged open ocean island, and that there may be other hazards encountered on my expedition that are not specifically identified in this agreement, but that are nonetheless included within the scope of this agreement whether specifically identified here or not. These risks being inherent to the outdoor adventure expedition that I seek to participate in.
I understand that I am solely responsible for obtaining and maintaining possession of all necessary travel documents, including (but not limited to) my passport, necessary visas and personal identification and permission papers necessary for me (and for any minor traveling with me) to enter into the Republic of Mexico and to return to the United States of America.
Depending on the severity of the situation, any Client who is refused service due to dangerous, unlawful or offensive behavior may be instructed to remain in his room until transportation off the island can be provided, and will not be permitted to participate in panga fishing or other outings, or if necessary, turned over to local authorities.
As further consideration for being permitted by Cedros Outdoor Adventures to participate in these activities and use their facilities, equipment and services, I hereby agree on behalf of myself as well as on behalf of my minor children, assignees, heirs, next of kin, spouse, executors, trustees, guardians, legal representatives and anyone else claiming through me (“Releasors”), to hereby fully waive, release and hold harmless Cedros Outdoor Adventures or its owners, partners, vendors, suppliers, contractors or any other affiliated individuals or organizations (“Releasees”) from any and all claims, whether presently known or anticipated or not presently known or anticipated that may yet arise directly or indirectly from my participation in any aspect of this expedition. This means that I (Releasors) will not make any claims, file any lawsuit, pursue any other legal or administrative complaints or actions, or attach the property of Cedros Outdoor Adventures (Releasees) for any damage, injury or death occurring while I am on or traveling to or from the expedition, whether or not caused in whole or any part by any Releasee, and whether or not caused by the active and/or passive negligence or other wrongdoing of any Releasee, save any acts done with specific intent to harm, and whether caused by a risk of nature or human kind or any combination thereof, and whether or not related to the condition of the premises, equipment, or locations where the expedition activities take place, or the conveyances thereto, and whether or not I am then participating in the expedition activities per se.
Releasors hereby expressly waive the provisions of California Civil Code section 1542, and the provisions of any other similar or comparable law of the United States of America, or of any other state of the United States, or of the Republic of Mexico, or of any other national or international governmental body. The provision of section 1542 being waived by Releasor states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” I acknowledge that any action to enforce and/or interpret the terms of this agreement and/or remedy its breach shall be venued solely within the County of San Diego, State of California, United States of America, applying the contract law of the State of California, and as to any claims arising directly or indirectly from alleged acts, errors or omissions, injuries, damages or death occurring in Mexico, the civil law of the Republic of Mexico shall otherwise exclusively apply.
No provision of law construing an ambiguity or uncertainty against COA or the Client shall apply to the interpretation and/or enforcement of this agreement. This agreement may be modified upon negotiation, but may not be modified orally. It may be modified only in a writing stating in clear and unambiguous terms that it is modifying this form, and legibly signed by the Client and a duly authorized representative of COA. By my signature below, I acknowledge that this Release and Waiver of All Liability and Full Assumption of All Risks Known and Unknown shall remain effective for any and all past, present or future expeditions with Cedros Outdoor Adventures unless and until modified in writing as set forth in this paragraph.
If any clause or provision of this agreement is held to be illegal, void or voidable as against public policy or otherwise, the invalidity shall not affect other provisions or parts thereof which may be given full effect without the invalid provision or part. To this extent, the provisions, and parts of this agreement are severable. I acknowledge that I have had the opportunity to consult with any attorney of my choosing before signing this agreement and to propose revisions to this agreement to COA before signing it in its present form.
THIS RELEASE OF LIABILITY FORM WILL APPLY TO ANY CURRENT OR FUTURE TRIPS I CHOOSE TO MAKE WITH CEDROS OUTDOOR ADVENTURES.