TERMS & CONDITIONS OF USE
Programs depart in all weather conditions. However, in case of bad weather or unforeseen event, organizer reserves the right to cancel or postpone the activity until next availability, in this case the full cost is refunded to customer. User understands and accepts the risks involved in the use of the vehicles and agrees to take all responsibility for all costs of personal or proprietary damage, including but not limited to: accidents, injuries or theft resulting from or during period of rental. By participating in the tour or program, user agrees to hold organizer free from all legal, monetary and moral responsibility. To participate, photo ID card. User agrees to follow the guide’s instructions and to stay on the route advised. It is prohibited to participate on any programs under the effect of alcohol or drugs. In case of irresponsible behavior endangering user and/or others during program due to any reasons, organizer or guide reserves the right to cancel the program without refund. Not agreeing to these conditions voids participation in programs.
Tour Agreement (for information only)
ACKNOWLEDGMENT OF RISKS
ASSUMPTION OF RISK AND RESPONSIBILITY
RELEASE OF LIABILITY HELMET WAIVER
WARNING: There are significant elements of risk in any adventure, sport or activity associated with electric vehicle scooters, (referred to herein as “activity”) and the use of any equipment. It is up to you to master the basic moving, maneuvering, braking and turning before beginning your activity, to obey traffic regulation and to yield to pedestrians. Otherwise, you pose a danger to yourself and to others.
You are to ride only on the road and acknowledges that you can only move on the route indicated by the guide. User acknowledges that they have been informed by the Lessor regarding the current regulation in the districts of Curacao and in the designated
pedestrian zones is it permitted to push the vehicle.
ACKNOWLEDGEMENT OF RISKS: I recognize that there are inherent risks in this type of activity. These risks may result in serious injury or death and include but are not limited to the following: 1) Falls; 2) Collisions with pedestrians, cycles, cycle riders, vehicles, manmade and natural objects; 3) Hazards of trails, routes or including even or unstable surfaces, steep grades, sharp turns, and or; 4) the presence of water, sand, gravel, mud, oil and debris – which may inhibit my ability to maneuver or stop; 5) Heat-related injuries or heat exhaustion, heat stroke, and dehydration; 6) Inclement weather, weather or physical coordination, the ability to balanceor control a scooter, the speed at which I travel and my ability to follow directions; 9) Equipment failure including tire puncture and problems in braking; 10) Loss of or damage to personal property; 11) Fatigue, chill and or dizziness, which my diminish my/our reaction time and increase the risk of an accident’ 12) Accidents or illnesses occurring in remote places where there are no available medical facilities.
I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death. I understand the use of alcohol or drugs may impair my abilities. I accept full responsibility for the care of the equipment. I will be responsible for the replacement, at full retail value, of any equipment that is damaged or not returned to Iguana Ride Curacao.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I agree to assume responsibility for those risks identified herein and those not specifically identified. I certify that I am (we are) physically and mentally capable of participating in this activity. My participation in this activity is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks. Therefore, I assume full responsibility for myself and any minor children for which I am responsible, for bodily injury, accidents, illness, death, loss of personal property, and any related expenses. Head injuries pose a serious risk to scooter riders. I/We understand the benefit of wearing helmet while riding a scooter.
COVENANT OF GOOD FAITH: I recognize that you as provider of services, will operate under a covenant of good faith and fair dealing but
that you may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group, and or refuse or terminate, my participation or the participation of any person you judge to be incapable or meeting the rigors or requirements or participation in the activity. I accept your right to take such actions for the safety of myself and or other participants I acknowledge that no guarantees have been made with respect to riding a scooter. Lessor guarantees that property is technically suitable for proper use under the period of the tour, and there is no third party who is entitled to restrict the usage of it. Lessee declares that he has received the property in fully working condition and was fully informed regarding the property’s technical attributes and handling by the Lessor. Lessee is obliged to use, handle and protect the property and its equipment with due diligence. Lessee is responsible for
any direct or indirect damages derived from the violation of the mentioned obligations. Regarding the property it is expressly forbidden:
– to use it for racing;
– to drive it under the influence of alcohol, medication or drug or to let another person drive under the influence of alcohol, medication or drug. In case of accident, Lessee must be bound to exercise due diligence, do everything possible to obtain the data of the persons involved in the accident (for example: registration number of the other vehicle, name and address of the driver, name and address of the witnesses, witnesses’ statements, photos). In case of accident, Lessee is not entitled to enter into any kind of agreement with the other persons involved and is not entitled to make any formal statement. Lessor is not responsible for damages perpetrated by Lessee arising from technical breakdown or from lack of diligent use of the property. In the case of damages arising from theft, Lessee is obliged to pay market value of the property for the Lessor. Lessee is fully responsible for minor offences (irregular usage of the road,
other misdemeanors, etc.) committed under the period of the tour agreement. Lessee acknowledges the following age limitations regarding the use of the property: Self-contained user Iguana Ride Scooter: 14 years in case of live guided tour.
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or in its absence agree to pay all costs of rescue and/or medical services as may be incurred on my behalf. I agree that any film or photographs (images) of me, as participants, become your property and may be used for promotional or commercial purposes and that I will receive no money or compensation of any kind for any such image(s).
I agree that some of my Identification documents (ID card, Driver’s License, Passport or else) may be recorded for security purposes.
DEPOSITS: No deposit in case of live guided tour.
RELEASE: In consideration of services of property provided, I, for myself and any minor children for which I am a parent, legal guardian or otherwise responsible, any heirs, a personal representative or assigns, do hereby release, waive and discharge and covenant not to sue Iguana Ride Curacao, LLC, and its principles, directors, officers, agents, employees and volunteers, and each and every land owner, Willemstad and its districts, elected and appointed officers, employees, and agents from liability from any and all claims arising out of, or in any way related to, the activity I engage in pursuant to this rental, excepting those due to the gross negligence or willful misconduct of the entities described in this release. I have carefully read and fully understand the foregoing warning, acknowledgment of risks, assumption of risk and responsibility and release of liability. I understand that by signing this document I am waiving valuable legal rights, the right to sue and sign it freely and willingly.
Iguana Ride Curacao
TERMS & CONDITIONS OF USE