General release and indemnity agreement
I, _____________________________________, understand that there are many risks involved traveling to or within a foreign country. (print first and last name above)
Therefore, I agree not to hold MANGROVE BIRDING JOURNEYS SRL or its owners and staff responsible for any accidents, misfortune, theft/loss of belongs, weather conditions, natural disasters, civil disturbances, or political unrest that may occur on this trip or that may interfere with the set itinerary and/or loss of time and money, delays in travel arriving and departing Costa Rica, delays in ground or air travel within the country, loss of reservations due to travel delays or other uncontrollable circumstances, hotel or transportation disputes, snake or insect bites or other such injury, personal injury, or even death that may occur while I am traveling in Costa Rica or any other destination/activity set up by their travel company. Nor do I hold them responsible for any of the above conditions while on a tour with one of their guides or any contract service provider they may have hired out.
I understand that it is my responsibility to research the current health and travel advisory available on the CDC web site or by contacting my family physician prior to travel. I understand that MANGROVE BIRDING JOURNEYS is not responsible for any claims or investigations relating to health insurance. I hereby fully and irrevocably release MANGROVE BIRDING JOURNEYS SRL and its principals, Randall Ortega Chaves and Leonardo Centeno from any and all claims of any type whatsoever, including negligence claims resulting from the actions of any contract service provider hired by MANGROVE BIRDING JOURNEYS SRL (tour guides, transportation, hotels, others), that may arise due to injury or illness to myself or my property while traveling on a vacation arranged by MANGROVE BIRDING JOURNEYS SRL except as to injury or loss caused by the intentional wrong doing of MANGROVE BIRDING JOURNEYS SRL
I further agree to indemnify and hold harmless MANGROVE BIRDING JOURNEYS SRL and its principals, from any claims of any type whatsoever, including negligence claims resulting from the actions of any contract service provider hired by MANGROVE BIRDING JOURNEYS LLC (tour guides, transportation, hotels, others), which may be brought by anyone with regard to any injury to my person or property in any way related to my travel and participation in any other activities booked by MANGROVE BIRDING JOURNEYS SRL. MANGROVE BIRDING JOURNEYS SRL reserves the right to withdraw or substitute trip items or modify itineraries at any time without previous notice. MANGROVE BIRDING JOURNEYS SRL further reserves the right to cancel or reschedule any tour departure in accordance with operating requirements. MANGROVE BIRDING JOURNEYS SRL acts as a broker between the provider of the services and the traveler, thus it will not be held liable for any personal injury, any damage, any loss or delay in the services and accommodations during the course of the trip. No refunds or allowances will be made for absence during the tour, or activities missed, even if beyond the control of the participants.
This agreement to indemnify shall include the obligation to pay any attorneys’ fees incurred by MANGROVE BIRDING JOURNEYS SRL or its principals in defense of any such claim. In the event of any dispute with MANGROVE BIRDING JOURNEYS SRL or its principal pursuit to terms of this contract. I agree that the sole venue to resolve such dispute shall be the courts of Jaco-Garabito of the Province of Puntarenas, Costa Rica and that this contract will governed by Costa Rican Law. The prevailing party in any such dispute shall be entitled to an award of reasonable costs and attorney’s fees; including expert witness fees. Any payment not made to MANGROVE BIRDING JOURNEYS SRL when due shall accrue interest of the rate of 1.5 % per month (18% per annum).
I have read the above release and indemnity agreement and agree to all the terms presented within it. X__________________________________________ Date:___________________ X__________________________________________ Date:___________________
MANGROVE BIRDING JOURNEYS SRL _________________________________________Randall Ortega Chaves & Leonardo Centeno