Waiver of Liability, Release of Liability, and Assumption of Risk Agreement
This waiver must be signed in Part Five of the Client Information Form. A parent or legal guardian must sign for minors under 18 years of age.
Assumption of Risk
By voluntarily booking and participating in a tour with Dittmar Adventures, I acknowledge and accept the risks associated with outdoor and adventure activities, such as hiking, cycling, and other challenging physical endeavors (“Adventure Activities”). These activities inherently involve numerous risks, including but not limited to:
- Physical injuries, including permanent disability or death.
- Emotional trauma or disfigurement.
- Natural disasters, unpredictable weather, or dangerous environmental conditions.
- Equipment failure, transportation delays, or mechanical breakdowns.
- Travel in remote or politically unstable regions.
- Illness or injury without access to medical facilities or evacuation options.
- Civil unrest, terrorism, or legal restrictions in destination countries.
I also accept full responsibility for ensuring that my travel documents, such as passports, visas, and vaccinations, meet the requirements of all destinations.
Release of Liability
In exchange for the right to participate in the tour, I agree to assume all risks, both known and unknown, and take full responsibility for my own welfare during the trip.
Acknowledgment of COVID-19 Risks
I understand that COVID-19 remains a global health concern. Participating in this tour may involve exposure to the virus through:
- Person-to-person contact with other participants, guides, or staff.
- Contact with contaminated surfaces or shared equipment.
While Dittmar Adventures has implemented safety measures to reduce the risk of exposure, I acknowledge that no measures can eliminate the risk entirely. I voluntarily assume all risks related to COVID-19, including infection and its consequences, for myself and any minors in my care.
Waiver of Claims
As part of my agreement to participate in the tour, I hereby release and hold harmless Dittmar Adventures, its employees, representatives, and affiliates, from any and all claims, liabilities, or demands arising from my participation in this trip or related activities.
This release applies to myself, my family members, and any minors in my care, as well as our heirs, successors, and legal representatives.
Indemnification
I agree to indemnify and defend Dittmar Adventures from any claims made by third parties, including minors, that arise from injuries, damages, or losses caused by me during the tour or Adventure Activities.
Applicable Law and Choice of Forum
Any legal disputes related to this agreement will be governed by the laws of Santiago, Chile, and must be resolved in Santiago courts.
Class Action Waiver and Limitations on Damages
I waive my right to participate in any class-action lawsuit or arbitration against Dittmar Adventures. Furthermore, I agree that Dittmar Adventures is not responsible for punitive damages under any circumstances.
Knowing and Voluntary Execution
I confirm that I have carefully read and understand the terms of this agreement, and I accept its provisions knowingly and voluntarily. I agree that:
- If any part of this agreement is deemed unenforceable, the remaining provisions remain valid.
- The tour cost reflects my agreement to these terms. Without this waiver, the cost of the tour would have been higher or unavailable.
Electronic Signatures
I consent to execute this agreement electronically or via facsimile, and such execution shall be considered as binding as a physical signature.