Terms and Conditions
RENTAL AGREEMENT AND LIABILITY WAIVER FOR TOURS
EXOTIC FISH CABO will rent a marine vehicle, including a boat and fishing equipment, to the customer(s) for a limited time period, subject to the terms and conditions outlined below. By paying the deposit/payment, the customer(s) agree to the full terms and conditions.
NO WARRANTIES OR INSURANCE PROVIDED INHERENTLY TO THE ACTIVITY
EXOTIC FISH CABO provides no warranty, express or implied, regarding the quality, safety, drivability, or fitness for any particular purpose of any vehicle or equipment rented under this agreement. The customer(s) accept any vehicle or equipment provided by EXOTIC FISH CABO "as is" with all faults. The use of marine vehicles in Los Cabos and EXOTIC FISH CABO property could be dangerous, with the risk of bodily injury or death to others or oneself. EXOTIC FISH CABO urges the customer(s) to obtain medical insurance prior to participating 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) personally accept all risks and liabilities associated with this activity. By reading this document, the customer(s) acknowledge that they are giving up important legal rights and intend to relieve and release EXOTIC FISH CABO of any legally owed duty in relation to the conduct of this activity.
1. RULES OF OPERATION
The customer(s) agree to follow and be bound by the EXOTIC FISH CABO Marine Vehicle(s) Operation Rules as outlined in this agreement.
2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE
Only the customer(s) paying the deposit/payment in this agreement may use the equipment. If the customer(s) under 18 years of age, they must provide EXOTIC FISH CABO with written consent from a parent or legal guardian. The customer(s) will be personally liable and financially responsible for any loss of or damage to any marine vehicle or equipment rented under this agreement, regardless of whether or not they have forfeited a damage deposit. The customer(s) agree to pay for all such loss or damage, including the loss of use of any equipment covered by this agreement that has been damaged by the customer(s) or other person, at the rate of detail price.
3. ASSUMPTION OF RISK
The customer(s) expressly and voluntarily assume all risk and liability for the loss or damage to any equipment rented from EXOTIC FISH CABO, 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 marine vehicle or equipment received or obtained from EXOTIC FISH CABO.
4. WAIVER AND RELEASE OF CLAIMS
The customer(s), on behalf of themselves, their spouse (if any), their children, any minor for whom they are the guardian, their heirs and successors in interest, 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 marine vehicle or 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) represent and warrant that they have considered the possibility that claims, liabilities, injuries
5. COVENANT NOT TO SUE.
By signing this agreement, the customer(s) agree and covenant that they, their children, and any minors for whom they are the legal guardian, will not initiate any legal, equitable, administrative, or other action or complaint against EXOTIC FISH CABO or any of its shareholders, directors, officers, employees, agents, successors or assigns, either directly or indirectly. Furthermore, they will not assert any further claims or demands against EXOTIC FISH CABO or its shareholders, directors, officers, employees, agents, successors and assigns, relating to the condition, possession, use, and/or operation of the marine vehicle or equipment provided by EXOTIC FISH CABO. This covenant applies to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action, present or future, known or unknown.
The customer(s) agree to indemnify, defend, protect, and hold EXOTIC FISH CABO, its shareholders, directors, officers, employees, agents, successors, and assigns harmless against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) arising from the rental, use and/or operation, condition or possession of the marine vehicle(s) or equipment obtained from EXOTIC FISH CABO. This indemnification also includes any death or injury to any person or damage to any property, caused either directly or indirectly, in whole or in part, by the customer(s) or any third party. Additionally, the customer(s) agree to 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.
If any provision of this agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the agreement shall still remain in effect. This agreement, covenant, waiver, and release shall be governed and construed in accordance with the laws of MEXICO.
8. EXPENSES OF ENFORCEMENT.
If any legal action arises from this agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and all costs and expenses incurred in pursuing the legal action.
9. ENTIRE AGREEMENT, NO ORAL MODIFICAITON.
This deposit/payment constitutes the entire agreement between the parties. No provisions of this agreement shall be modified or rescinded unless it is in writing and signed by an authorized representative of EXOTIC FISH CABO.
10. PARENTAL CONSENT.
The customer(s), who are the parent or legal guardian of the minor(s) with them, hereby consent to allow such minor(s) to use and operate the marine vehicle(s) or equipment obtained from EXOTIC FISH CABO, in accordance with the terms of this agreement. The customer(s) shall be responsible for ensuring that the minor(s) follow and abide by the rules and terms of this agreement.
The customer(s), including their personal representatives and heirs, agree to release, waive, and discharge EXOTIC FISH CABO, its owners, agents, officers, and employees from any and all claims, actions, or losses arising from bodily injury, property damage, wrongful death, loss of services, or other related issues that may occur during the customer(s)' use of equipment or participation in marine activities. The customer(s) understand that by releasing and waiving their claims, they are also releasing any claims that may arise from the negligent acts or conduct of the owners, agents, officers, or employees of EXOTIC FISH CABO.
12. RESULTS AND REFUND.
The customer(s) understand that no fish catch is guaranteed and that no deposit/payment will be refunded in case of a cancelled trip by the customer(s), no-show, pandemic declared for more than 30 days, bad weather, seasickness, poor fishing results, or any other circumstance beyond the control of EXOTIC FISH CABO.
By paying the deposit/payment, the customer(s) acknowledge that they have read and understood the contents of the Rental Agreement and Waiver of Liability. They agree to execute the agreement voluntarily and in good faith, fully aware of its significance.