Terms of service.

(i) Activity / Activities: All kind of activities performed by Participant (term defined herein) within the real estate property owned and/or operated and/or administrated by Actividades de Nautilus SA. de CV. , and/or assignees and/or designees. As well as any use by the Participant of property, improvements and personal property owned and/or operated and/or administrated by Actividades de Nautilus SA. de CV. ., and/or services rendered to the Participant, provided by Actividades de Nautilus SA. de CV.  or its assignees and/or designees.

 (ii) Participant: Means each individual listed on this Waiver, that participates in the Activities.

 (iii) Undersigned: Means each Participant; and when a Participant is under age 18, it includes such Participant’s parent or legal guardian signing on behalf of himself/herself and on behalf of the minor Participant.

 The Undersigned understands and agrees that the Activities can be hazardous and presents a risk of physical injury or death, including accidents such as drowning, collisions, sunburns, bruises, allergies, infections, fractures, dehydration, muscle contractures, as well as equipment malfunction, varying weather and surface conditions; slick or uneven surface conditions; rugged mountainous terrain; stumps; branches; loose gravel; debris; drop-offs; marked and unmarked obstacles; high atmospheric pressure; strenuous activity; encountering wildlife; tides, waves, riffs, sea current; sharing Activity and trails and/or paths with people directly involved and/or not directly involved in the Activity and following and/or not, the direction of instructors and officials and other matters and mishaps that can occur and that injuries are a common and ordinary occurrence of the Activity (“Risks”). The Undersigned expressly assume all Risks associated with the Activity; the Undersigned understand the Risks associated with the Activity.

 The Undersigned and the Participants acknowledge the following: (i) That they have been informed and understand all rules and regulations of the Activity; (ii) That they are responsible for reading, understanding and complying with all instructions for the Activity, including but not limited to signalization, safety and the rules of usage of the properties, the facilities, the equipment and the Activities; (iii) That they assume the risks of using and/or participating in the Activities.

 The Undersigned agrees that he/she has had the opportunity to inspect the Activity prior to participation and is willing to use the Activity. If the Undersigned is parent or legal guardian of a minor Participant’s, he/she acknowledges comprehending, understanding and accepting that: (i) They have inspected the Activity; (ii) They have spoken to the minor Participant about the Activity; (iii) The minor Participant understands and comprehends the risks of participating in the Activity, and; (iv) the minor Participant, and the Undersigned on behalf of a minor Participant, has voluntarily decided to participate in the Activity.

 Actividades de Nautilus SA. de CV.  has set the ages required to participate within the Activities (“Required Age”) and the physical conditions required (“Required Physical Condition”), therefore, the Undersigned acknowledges and accepts that: (i) He / She understands and complies with the Required Age and the Required Physical Condition for the Activity; (ii) In the event that the Undersigned is parent or legal guardian of a minor Participant, the Undersigned acknowledges that the minor Participant complies with the Required Age and the Required Physical Condition, and that such minor Participant shall be accompanied by the Undersigned during the Activity, (iii) In the event that the minor Participant does not comply with the Required Age by the rules of the Activity and/or the Required Physical Condition, the Activity shall not be undertaken by such minor Participant; notwithstanding this, if the Activity is undertaken, it will be at the sole risk of the minor Participant, the parent and/or legal guardian.

 The Undersigned, if acting as minor Participant’s parent or legal guardian, voluntarily grants permission for the minor Participant to take part in the Activity and acknowledges such grant of permission and its implications, and otherwise the minor Participant will not be permitted to take part in the Activity.

 In consideration of allowing the Participant to participate in the Activity each and every day, the Undersigned agrees to hold harmless, release, defend, and indemnify Nautilus SA. de CV, their affiliated companies and subsidiaries, and all their respective insurance companies, successors, commercial and corporate sponsors, agents, employees, representatives, assignees, officers, directors, owners, and shareholders (each hereinafter a “Released Party”) from any and all liability and/or claims for: (i) injury or death to persons or damage to property arising from the Participant’s participation in the Activity; (ii) injury or death to persons or damage to property caused by any Risk; (iii) false or incomplete information given by the Undersigned, regarding the Required Age and/or Required Physical Condition of any Participant including minor Participant.

 The Undersigned takes and assumes full responsibility for any Risks, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of the Activity, including those injuries and damages caused by any Released Party’s alleged or actual negligence or breach of any specifically or implied warranty. By execution of this Release, the Undersigned agrees not to sue a Released Party and agrees they are releasing any right to make a claim or file a lawsuit against any Released Party. The Undersigned further agrees to defend and indemnify and hold harmless each Released Party for any and all claims of the Undersigned and/or a third party arising in whole or in part from the Participant’s participation in the Activity. The Undersigned agrees to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by or on behalf of the Undersigned. The Undersigned represents that Participant is in good health and there are no special problems associated with Participant’s condition, not currently pregnant, no cardiac or respiratory problems. The Undersigned: (i) authorizes a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; (ii) authorizes any Released Party and/or their (iv) agrees to pay all costs associated with the medical care and related transportation provided for Participant; and (v) shall indemnify and hold harmless and defend the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.

 Any and all claims for injury and/or death regarding an alleged incident and/or Risk, shall be governed by the laws and Courts within Los Cabos, Baja California Sur, Mexico and exclusive Jurisdiction of any claim shall be the laws of Baja California Sur, waiving any other that by reason of domicile or otherwise may correspond. This Release shall be binding to the fullest extent permitted by Law. If any part of this Release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This Release shall be binding upon the assignees, heirs, next of kin, executors and personal representatives of the Undersigned.

 The Participant shall not use the Activities under the influence of alcohol or drugs. Participants are prohibited from using the Activities without signing this Release. Participant represents and believes Participant complies with the Required Physical Condition and is physically, emotionally and mentally able and capable of using the Activities and has the required skills, training, experience and expertise to use the Activities.

 The Undersigned acknowledges and declares that the Undersigned has had sufficient time to carefully read the foregoing Release, understanding its contents and sign it with full knowledge of its significance. The Undersigned is aware that the Undersigned is releasing certain legal rights that he/she or the minor Participant, may otherwise have.

 The usage of the properties and conduct of the Activities constitutes acceptance of the terms in this Release.

By participating in any scuba diving activities with Nautilus Dive Tech, you agree to the following terms and conditions:

• You are responsible for your own safety and the safety of your fellow divers.

• You must be in good physical condition and have no known medical conditions that would prevent you from scuba diving.

• You must be able to swim and tread water comfortably.

• You must be able to follow the instructions of your dive guide.

• You must obey all safety rules and regulations.

• You assume all risks associated with scuba diving, including but not limited to:

  • The risk of injury or death

  • The risk of decompression sickness

  • The risk of drowning

  • The risk of encountering marine life

  • The risk of bad weather

• You agree to indemnify and hold harmless Nautilus Dive Tech for any and all claims, losses, damages, liabilities, costs, and expenses arising out of or in connection with your participation in any scuba diving activities.

Weather Policy

• Nautilus Dive Tech reserves the right to cancel or reschedule any scuba diving activity due to bad weather conditions.

• If your dive is canceled due to bad weather, you will be offered a full refund or a reschedule to a later date.

Animal Policy

• There is no guarantee that you will see any specific animals during your scuba diving trip.

• The marine life in the area is unpredictable and can change at any time.

• Nautilus Dive Tech does not take responsibility for any animals that you may or may not see during your dive.

Warranty

Nautilus Dive Tech warrants that all equipment used for scuba diving activities is in good working order and meets all safety standards.