TERMS AND CONDITIONS
TOURS RENTAL AGREEMENT AND WAIVER OF LIABILITY
Customer(s) will rent from Exotic Fish Cabo the following described Marine vehicle: Boat and fishing gear for a limited period of time, upon the following terms and conditions. By paying the booking deposit, the customer(s) declares to accept the full terms and conditions below.
NO WARRANTY, NO INSURANCE PROVIDED INHERENTLY ACTIVITY EXOTIC FISH CABO makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by this agreement. The customer(s) accept any vehicle or other equipment provided by EXOTIC FISH CABO in its “as is” condition with all faults. The customer(s) hereby acknowledge that using Marine vehicles on Los Cabos area and EXOTIC FISH CABO property with other like vehicles could be a dangerous activity, with risk of bodily injury or death to others or yourself. EXOTIC FISH CABO strongly urges any customer(s) to have medical insurance prior to engaging in this activity. EXOTIC FISH CABO does not provide medical insurance and advises that serious injuries can be financially devastating. The customer(s) and all additional customer(s) hereby personally accept all risks and liabilities of this activity. It has been explained to thecustomer(s) and understand that by reading this document, customer(s) giving up important legal rights. It is customer(s) further intention to give up those rights and in good faith to relieve and release EXOTIC FISH CABO of any duty legally owed to customer(s) in relation to the conduct of those activities.
1. RULES OF OPERATION.
Customer(s) agree to follow and be bound by the EXOTIC FISH CABO Marine Vehicle(s) Operation Rules made a part of this agreement.
2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE
Customer(s) agree that only customer(s) paying deposit in this agreement will use equipment. Customer(s) under the age of 18 years must provide EXOTIC FISH CABO with a written consent from a parent or legal guardian. Should any customer(s) , any minor child under his control or any other person with permission of any undersigned operate any above referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, customer(s) agree to be personally liable and financially responsible for all loss of and damage caused to any Marine vehicle, or equipment covered by this agreement, regardless of whether or not customer(s) have forfeited a damage deposit. Customer(s) AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE. Customer(s) also agree to pay for the loss of use of any equipment covered by this agreement damaged by customer(s) or other person, at the rate of detail price.
3. ASSUMPTION OF RISK.
Customer(s) expressly and voluntarily assume all risk and liability for the loss or damage to any equipment obtained from EXOTIC FISH CABO, for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified marine vehicle or equipment received or obtained from EXOTIC FISH CABO.
4. WAIVER AND RELEASE OF CLAIMS.
The customer(s) , on behalf of himself, his spouse (if any), his children, any minor for whom he's the guardian, his heirs and successors in interest, now and forever waive, release and discharge EXOTIC FISH CABO, its shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation,condition or possession of the above referenced vehicle or other equipment received and/or obtained from EXOTIC FISH CABO. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. The customer(s) represents and warrants that he or she has considered thepossibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or he voluntarily assumes that risk as part of this agreement.
5. COVENANT NOT TO SUE.
Customer(s) agree and covenant on behalf of himself, his children and any minor for whom he's the guardian, customer(s) will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against EXOTIC FISH CABO or any shareholder, director, officer, employee,agent, successor or assign thereof, or in any manner assert any further claim or demand against EXOTIC FISH CABO
and its shareholders, directors, officers, employee’s, agents, successors and assigns thereof, arising from or pertaining to thecondition, possession, use and/or operation of the above referenced Marine vehicle or equipment received and/or obtained from EXOTIC FISH CABO. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
The customer(s) shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold EXOTIC FISH CABO, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or
caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the above referenced Marine vehicle(s) other equipment received or obtained from EXOTIC FISH CABO. The customer(s) likewise shall indemnify EXOTIC FISH CABO, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.
7. PARTIAL INVALIDITY/CHOICE OF LAW.
Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of MEXICO.
8. EXPENSES OF ENFORCEMENT.
In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorneys fees and all costs and expenses incurred in pursuit thereof.
9. ENTIRE AGREEMENT, NO ORAL MODIFICAITON.
This Deposit constitue the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized representative of EXOTIC FISH CABO.
10. PARENTAL CONSENT.
The customer, the parent or legal guardian of the minor(s) with him. The customer(s) hereby consent that the above listed Marine vehicle(s) or equipment, customer(s) may obtain from EXOTIC FISH CABO may be used and operated by such minor(s) in accordance with the terms of this agreement. Customer(s) shall be personally responsible for such minor(s) following and abiding by the rules and terms of this agreement.
The customer(s), on behalf of himself, his personal representatives and his heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify EXOTIC FISH CABO and its owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of customer(s) use of equipment or his participation in marine activities. The customer(s) specifically understand that customer(s) releasing, discharging and waiving any claims or actions that he may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of EXOTIC FISH CABO.
12. RESULTS AND REFUND
The customer(s), on behalf of himself, his personal representatives and his heirs hereby voluntarily understand that NO FISHES ARE GARANTED
and NO DEPOSIT/PAYMENT WILL BE REFUND in case of: No Show up, Bad Weather, Seasickness, Bad fishing results or any other circumstance uncontrolled by EXOTIC FISH CABO.
By Paying the deposit, the customer(s), certify that he have read the Rental Agreement and Waiver of Liability and understand the contents of this document. The customer(s) will execute it voluntarily in good faith and with full knowledge of its significance.