Please read and understand this document before signing. If you have any questions please ask us or consult an attorney
LAKE ATITLÀN MEDICAL PROJECT has done everything possible to assure that our guests experience a rewarding experience. We wish to inform our guests that participating in this educational travel program is not risk free. The same elements that contribute to the unique character and fun of traveling to Guatemala such as the culture or the wildlife can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the some of the possible risks. We ask that you read this, sign it, and return it to our office.
ACKNOWLEDGMENT OF RISK
There are risks that accompany all aspects of life as well as traveling to Latin American company and the Guatemalan jungle. Some of these risks are inherent to the activity; some are changed, increased or decreased due to the activities of the program. You must understand and accept all of the risks of the activity. By understanding these risks and preparing for these risks, you will have a better and more enjoyable trip.
The most important thing to remember is to be prepared in advance. You will need plenty of water, rain gear, sun protection and good hiking shoes. Understand the risks outlined here and research the risks on your own. Contact Lake Atitlàn Medical Project if you have any other questions.
Traveling in a third world country, or any country, is not like traveling in the US, vehicles are not maintained to the same standards. Roads and bridges are not maintained and maybe dangerous and are in constant need of repair. Travel can occur by vehicle, boat, canoe, donkey or many other ways. Delays can occur at any time due to multiple factors beyond our control that may cause the roads, the vehicles or the entire transportation system
Accidents can occur getting on and off canoes, boats or other forms of transportation and recreation. You might slip and fall, in which case you might damage or lose equipment you are carrying (such as cameras, glasses, a canteen or day pack), or you might injure yourself by falling against some object in or on the boat, or on the shore.
Any time you are hiking there are risks to be encountered which you need to understand. This is true if you are from an urban environment and are not used to the changes in the terrain, environment and conditions of the hiking area. Whenever you are hiking you will be crossing uneven terrain, stepping on unstable rocks or crossing streams. Footing will be unstable and difficult. You can slip and fall while hiking. The trails that you will be traversing may be next to cliffs or dangerous. You may be hiking up and down hills. Hiking you may cross handmade bridges, steep terrain or narrow paths. Accidents can occur during travel to and from any hike or activity. Trails are often steep, rocky, and slippery. Hikes involve crossing streams, where footing can be awkward.
Exposure to the natural elements can be uncomfortable or harmful. Heat-sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, wind, rain, outdoor, using portable toilet facilities, eating meals out-of-doors, being in the open for the extended length of the trip can be uncomfortable or cause injury.
You will be in the country where you will be encountering animals, dangerous plants and insects that are not found in the US. Any animal you encounter in the wilderness is dangerous. Plants can be poisonous to the touch and more so if ingested. Leave all plants, insects and animals alone and in peace. Water in the jungle may also be dangerous if consumed. Do not drink any water unless it has been purified or treated. Washing your hands before eating or after performing bodily functions is critical in maintaining good health.
Medical care, as you understand it is not available outside the United States. You may be several hours travel by canoe or boat from any medical facility. Transportation may be by car, boat or animal or litter. Your guides will probably be the immediate medical care you will have available. The medical facility you may be treated in will not have the same standards as hospitals or doctor's offices in the United States. The medical personnel you will be treated by may not have the same training as medical personnel in the U.S.
It is your responsibility to take care of yourself, pay attention to your guide's advice and notify your guide if you are not feeling well.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
This list is not an exclusive or exhaustive list of possible injuries, trauma or accidents that may occur while participating in the program. Most of these injuries are rare and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
I certify that my family, including minor children and myself are fully capable of participating in a foreign travel program. I state that I have read the above statement on some of the possible risks in this activity. Therefore, I assume full responsibility for myself, my family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of my negligence, negligence of my family, or the negligence of Lake Atitlàn Medical Project. I also understand that Lake Atitlàn Medical Project reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in this travel education program. My family and I are in good physical condition and able to undertake this activity.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
I agree to indemnify and hold harmless Lake Atitlàn Medical Project, its owners, managers, agents, employees, contractors, third party providers and manufacturers from all claims, damages, losses, injuries, and expenses arising out of or resulting from my families or my participation in these activities. This indemnification shall specifically apply to any claim or liability instituted by any government or government agency on my behalf as well as for any claim made by a member of my family against Lake Atitlàn Medical Project.
I further agree to release, acquit, and covenant not to sue Lake Atitlàn Medical Project, their agents, and employees for all actions causes of action claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Lake Atitlàn Medical Project, negligence of another participant, or my family, myself, or my heirs, against Lake Atitlàn Medical Project arising out of participation in this program. In short, I cannot sue Lake Atitlàn Medical Project for any reason and if I do, I cannot collect any money.
Lake Atitlàn Medical Project is not a Common Carrier, but is in the business of providing educational and recreational programs. Transportation to and from the activity is incidental to the activity. Accidents occur during travel to and from the starting and ending point of the trip over trails, roads and highways. I agree the terms of this release shall cover any injury I receive due to a transportation incident on the part of Lake Atitlan Medical Project whether by their negligence or the negligence of others.
I agree to the site of any lawsuit and the law governing any such lawsuit shall be Missouri and governed by Missouri law. The terms of this agreement shall continue and be in effect after the educational medical program has ended.
As liquidated damages, I hereby agree that if Lake Atitlàn Medical Project is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue, by myself, my executors, or my heirs, on my family's or my behalf, my heirs or executors and I agree to pay Lake Atitlàn Medical Project's costs and attorney fees if they successfully defend such action, lawsuit or litigation. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. A copy of this release can be used as if it was an original. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release.
I authorize and release to Lake Atitlàn Medical Project the use of my image in any photograph or video recording for any purpose of Lake Atitlàn Medical Project.
I have adequate health, disability, and life insurance for my family and myself.
I hereby give permission for transportation to any medical facility, hospital and I authorize for any qualified guide or medical personnel to render necessary emergency medical care for my family or me. I hereby authorize the release of any medical information, including information concerning my HIV or "Aids" status, in the possession of Lake Atitlàn Medical Project to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on my behalf. I hereby waive any action or claim against Lake Atitlàn Medical Project or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information including my HIV or "Aids" status.