Disclaimer of Liability
I understand and agree that the members of MTA Mexico Travel Adventure ("Members"), and/or any guide, Instructor, and Divemaster associated with the program in which I am participating, are licensed to use various MTA trademarks and to provide the services offered by MTA, but they are not agents, employees, or franchisees of Servicios Turísticos Metrad, S.A. de C.V., (“MTA”). Furthermore, I understand that the Members' commercial activities are independent and are neither owned nor operated by MTA, and while MTA sets standards for the services provided, it is not responsible for overseeing the operation of the Members' activities. In addition, I understand and agree on behalf of myself and my heirs that in the event of injury or death during any activity contracted (hiking, kayaking, sailing, snorkeling, diving, or any other physical activity; hereinafter referred to as “Activity” or “Activities”), neither I nor my heirs will seek to hold MTA accountable for the actions, inactions, or negligence of the aforementioned entities and/or the instructors and Divemasters associated with the activity.
In the case of diving-related activities, I understand and agree that I must be a certified diver, trained in safe diving practices, or a diving student under the control and supervision of a certified diving instructor. I am aware that snorkeling, free diving, and scuba diving involve inherent risks, including those associated with boat travel to and from the dive site (hereinafter, “Excursion”), which can result in serious injury or death. I understand that diving with compressed air involves certain inherent risks; including, but not limited to, decompression sickness, air embolism, or other hyperbaric/air expansion injuries requiring recompression chamber treatment. If I am diving with enriched air ("Nitrox") or other gas mixtures including oxygen, I also understand that this involves inherent risks of oxygen toxicity and/or inappropriate breathable gas mixtures. I acknowledge that this Excursion includes risks of slips or falls while on board the boat, being cut or struck by a boat while in the water, injuries incurred while embarking or disembarking a vessel, and other maritime hazards. Furthermore, I understand that the Excursion will take place at a site that is remote, either by time, distance, or both, from a recompression chamber. I still choose to proceed with the Excursion despite the absence of a nearby recompression chamber at the dive sites. I understand that neither MTA, the diving professionals who may be present at the dive site, nor the employees, officers, agents, contractors, and assignees (hereinafter, "Released Parties") can be held liable in any way for any injury, death, or other damages to me, my family, estate, heirs, or assignees that may occur during the Excursion as a result of my participation in the Excursion or as a result of the negligence of any of the parties, including the Released Parties, whether passive or active. I affirm that I am in good physical and mental condition for the Excursion and/or Activity. I further declare that I will not participate in the Excursion and/or Activity if I am under the influence of alcohol or any drug that is contraindicated for diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I understand that diving is a physically strenuous activity and that I will exert myself during the Excursion and/or Activity and that if I am injured as a result of a heart attack, panic, hyperventilation, drowning, or any other cause, I expressly assume the risk of such injuries and will not hold the Released Parties responsible for the same. I am aware that safe practices for any of the Activities suggest being accompanied unless trained to act self-sufficiently under various risk situations. In the case of diving, I am aware that it is my responsibility to plan my dive taking into account my diving experience and limitations, and the prevailing water and environmental conditions. I will not hold the Released Parties responsible for my failure to plan my dive safely, diving according to my plan, and following the instructions and diving guidelines of the diving professionals. If I dive or snorkel from a boat, I will be present and attentive to the briefing provided by the boat crew, and if there is anything I do not understand, I will inform the boat crew or captain immediately. I acknowledge that it is my responsibility to plan my dives as no-decompression dives, and within parameters that allow me to make a safety stop before ascending to the surface, arriving onboard the vessel with remaining gas in my cylinder as a safety measure. In case of diving, if I am distressed on the surface, I will immediately drop my weights and inflate my BCD (orally or with a low-pressure inflator) to establish surface buoyancy. I affirm that it is my responsibility to inspect that the equipment I will use in any of the Activities is in good condition before leaving the dock or meeting point for the Excursion. I will not hold the Released Parties responsible for my failure to inspect the equipment before any activity or if I choose to undertake the Activity with equipment that may not be functioning properly. I acknowledge that the Released Parties have made no representation, implied or otherwise, that they or their crew can or will perform effective rescues or first aid. In the event that I show signs of distress or ask for help, I would like assistance and will not hold the Released Parties, guides, or dive boat crew or passengers responsible for their actions in attempting to perform a rescue or first aid. I hereby declare and agree that this Agreement will be effective for all Excursions and/or activities in which I participate with MTA from the date on which I sign this Agreement. Furthermore, I agree that if any provision of this Agreement is determined to be unenforceable or invalid, that provision will be eliminated from this Agreement. The rest of this Agreement will then be interpreted as if the unenforceable provision had never been contained in this document. I understand and agree that I am not only waiving my right to sue the Released Parties but also any right that my heirs, assignees, or beneficiaries may have to sue the Released Parties as a result of my death. Furthermore, I declare that I have the authority to do so and that my heirs, assignees, and beneficiaries will not be able to claim otherwise due to my representations to the Released Parties.
BY THIS INSTRUMENT, I AGREE TO EXEMPT AND RELEASE THE PREVIOUSLY DEFINED RESPONSIBLE PARTIES FROM ALL LIABILITY OR RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH REGARDLESS OF ANY CAUSE, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENT OF THIS AGREEMENT, WHICH COVERS I) AUTHORIZATION OF IMAGE USE, II) RELEASE OF LIABILITY, AND III) ASSUMPTION OF RISK. I ALSO DECLARE AND AFFIRM THAT I HAVE SUFFICIENT FLUENCY IN THE SPANISH LANGUAGE, THAT I HAVE READ THIS AUTHORIZATION, AND THAT I UNDERSTAND ITS CONTENT; IN ADDITION TO STATING THAT I AM OVER 18 YEARS OF AGE, OR THAT IF I AM NOT, THAT THIS DOCUMENT IS SIGNED BY MY FATHER OR GUARDIAN, ON MY BEHALF AND REPRESENTATION.