1. Parties
This Liability Waiver and Assumption of Risk Agreement ("Agreement") is entered into between Isla del Encanto Tours LLC, operating as Island Pulse Tours ("Company," "we," "us," or "our"), and the individual completing the booking ("Participant," "you," or "your"). By completing a booking and checking the acknowledgment box, you agree to be bound by the terms of this Agreement on behalf of yourself and any minor participants in your party.
2. Activities Covered
This Agreement applies to all tours, excursions, and transportation services offered by Island Pulse Tours, including but not limited to:
- Hiking and trail activities (including El Yunque rainforest and natural waterslides)
- Water activities (kayaking, snorkeling, swimming in natural pools, bio bay tours)
- Cave and karst exploration (including Charco Azul and bat cave systems)
- Open-water and offshore excursions (including Icacos cay and La Parguera)
- Ground transportation to and from tour departure points
3. Assumption of Risk
You acknowledge that outdoor adventure activities involve inherent risks, dangers, and hazards that cannot be eliminated, including but not limited to:
- Slippery, uneven, or unstable terrain on trails and natural surfaces
- Strong currents, waves, or unpredictable water conditions
- Wildlife encounters (insects, marine life, bats, and other animals)
- Extreme heat, sun exposure, dehydration, and tropical weather changes
- Physical exertion and fatigue
- Equipment malfunction or failure
- Actions of other participants or third parties
- Road and traffic conditions during transportation
You voluntarily assume all such risks, both known and unknown, and accept full responsibility for any injury, illness, death, property damage, or loss that may result from your participation.
4. Release of Liability
In consideration of being permitted to participate in any Island Pulse Tours activity, you, on behalf of yourself, your heirs, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue Isla del Encanto Tours LLC (Island Pulse Tours), its owners, officers, employees, guides, agents, and contractors (collectively, "Released Parties") from any and all claims, demands, losses, damages, costs, and causes of action — whether known or unknown — arising out of or related to your participation in any tour or transportation service, including claims arising from the negligence of the Released Parties.
5. Indemnification
You agree to indemnify and hold harmless the Released Parties from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your actions, your failure to follow guide instructions, or your violation of any applicable laws or regulations during participation in a tour or transportation service.
6. Health & Fitness Representation
You represent that you and all members of your party are in good physical health and have no medical conditions that would prevent safe participation in the selected activity. You agree to inform your guide of any relevant medical conditions, allergies, or physical limitations prior to departure. Island Pulse Tours reserves the right to refuse participation to any individual whose condition may pose a risk to themselves or others.
7. Compliance with Guide Instructions
You agree to follow all safety instructions provided by your guide at all times. Failure to comply with guide instructions may result in removal from the tour without refund. Island Pulse Tours reserves the right to modify or cancel any tour at any time due to weather, safety concerns, or other circumstances beyond our control.
8. Photography & Media Release
You grant Island Pulse Tours permission to photograph or video record you during tour activities and to use such images or footage for promotional and marketing purposes without compensation. If you do not consent to this, please notify your guide before the tour begins.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and applicable federal law. Any disputes arising under this Agreement shall be resolved exclusively in the courts of Puerto Rico.
10. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
By completing your booking, you acknowledge that:
- ✓You have read and understood this entire Agreement.
- ✓You are 18 years of age or older, or have the authority to sign on behalf of a minor.
- ✓You voluntarily agree to all terms and conditions stated above.
- ✓You are signing this Agreement freely and without duress.
Questions? Contact us at islandpulsetours.com/contact before booking.