Terms & Conditions

Guides Direct Booking Disclaimer

Vallarta Surf Guide services are available only by booking through www.vallartasurfguide.com, individual surf guides do not represent Vallarta Surf Guide services if you book directly with them.

We can not guarantee any services not booked directly through www.vallartasurfguide.com.

Vallarta Surf Guide is not responsible for the services promised or provided by booking directly with the guides or any other individual claiming to be Vallarta Surf Guide.

Vallarta Surf Guide T&C "The Big Release"

Thank you for your purchase with www.vallartasurfguide.com After your purchase the following polices apply, see below. We ask you to take a minute and read through them in order for us to provide you with the best service. Let us know of any questions or concerns.

Please note, if you have scheduled a private tour or any special accommodations with us, policies differ from the ones stated below, be sure to ask us what they are. In most cases any special accommodations, private tours, or anything else that we schedule for you that is different from what we usually offer, requires at least 7 business days prior to cancel and in most cases deposit will not be refundable.

Vallarta Surf Guide Policies:

We strive to provide you and your party with the best online purchase and the best excursion experience possible. Some external factors and unforseen circumstances might interrupt the service we provide. At such time we will make arrangements to either change your activities or provide you with a suitable compensation. Please note that surfing is a weather conditions permitting sport, meaning that if there is no surf or too high of a surf on the day of your booking, it will be moved to another day or credit will apply for a surfing excursion in the future, or we will issue a full refund.

We are also aware that sometimes certain external factors will happen on your part, which will prTour you from enjoying the scheduled activities.

• Cancellation policy: We will cancel and refund in full the booked activity if you notify us no later than 48 hours prior the excursion.
• Change policy: We will change the date/time of your activity, upon availability, if you notify us no later than 24 hours prior the excursion.
• Within 24 hours or less prior the tour: NO CHANGES and NO REFUNDS will apply.

For the security, safety and enjoyment, yours and other participants, we are entitled to refuse service in the tour you are under the influence of alcohol or any other substance. If the instructor decides to refuse the service, NO REFUNDS will apply.

By making your purchase with www.vallartasurfguide.com you acknowledge that you understand and agree with the above stated policies. Be sure to let us know if you have any doubts.

Please nottice that unless you agree to the policies on this page you are not elegible to participate on any of vallarta sufguide activities and the agreement of this is mandatory field on our shopping card before booking ignoring this policies and book implies automatic agreement

The above policies are subject to change without notice at any time.

PLEASE READ THIS CAREFULLY BEFORE YOUR PURCHASE. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS, IT WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

Parties

Released Parties include VALLARTA SURF GUIDE; MIB TRAVEL, LTD; SIB IT SERVICES; all tour and freelance guides, photograph sponsors and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any and all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, employees, contractors, insurers, agents, volunteers, equipment suppliers and representatives of any of the foregoing (together, the "Released Parties").

Releasing Parties include: the participant as well as participant's spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant's behalf (together, the "Releasing Parties").

Photography and Video Release

I hereby grant permission to Vallarta Surf Guide and its agents to photograph, and record video of, my image, likeness or depiction and/or that of my minor children (if applicable) and to edit, crop or retouch such photographs and videos, and waive any right to inspect the final photographs and videos. I hereby consent to and permit photographs and videos of me and/or those of my minor children to be used by Vallarta Surf Guide and its agents worldwide for any purpose, including advertisement purposes, and in any medium, including print and electronic. I understand that Vallarta Surf Guide and its agents may use such photographs or videos with or without associating names thereto.

I further waive any claim for compensation of any kind for Vallarta Surf Guide's or its agents' use or publication of photographs or videos of me and/or those of my minor children (if applicable). I hereby fully and forever discharge and release Vallarta Surf Guide and its agents from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photographs or videos of me and/or those of my minor children (if applicable) by Vallarta Surf Guide or its agents, and covenant and agree not to sue or otherwise initiate legal proceedings against Vallarta Surf Guide or its agents for such use or publication on my own behalf or on behalf of my minor children. All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.

Assumption of Inherent Risks

Vallarta Surf Guide lesson, tour, rental or another offered activity (hereafter referred to as the Tour) might involve hostile environment that might include cold, changes in elevation and water. Some of the activities include swimming in cold water, carrying a board and walking to surfing spot through a jungle.

I acknowledge that the Tour might be a test of my physical limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Tour) regardless of the care and precautions taken by Vallarta Surf Guide (hereafter used when referring to the corporate entity and protected parties).

I understand and acknowledge that the inherent risks include, but are not limited to: (1) contact or collision with persons or objects (including spectators or personnel), contact with other participants, (2) weather-related hazards (e.g., extreme heat, extreme cold, humidity, rain, fog); (5) inadequate first aid and/or emergency measures; and (6) erratic or inappropriate co-participant behavior, erratic or inappropriate behavior by myself and errors in judgment by personnel working the Tour.

I further understand and acknowledge that any of these risks and others not specifically named may cause injuries that may be categorized as minor, serious or catastrophic. Minor injuries are common and include, but are not limited to, scrapes, bruises, sprains, nausea and cuts. Serious injuries are less common, but do sometimes occur. They include but are not limited to, property loss or damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, infection and concussions. Catastrophic injuries are rare; however, participants should be aware of the possibility that such an injury can occur at an Tour. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack and death.

I understand that it is my responsibility to inspect the facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the Tour, I am acknowledging that I have found the facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.

I understand fully the inherent risks involved in the Tour and assert that I am willingly and voluntarily participating in the Tour. I have read the preceding paragraphs and acknowledge that (1) I understand the nature of the Tour; (2) I understand the physical and mental demands that this activity will place upon me; and (3) I understand that I may be injured by participating in the Tour. I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses or expenses that I incur as a result of participating in the Tour.

Waiver of Liability for Ordinary Negligence

In consideration of being permitted to participate in the Tour, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue and discharge Vallarta Surf Guide and the other Released Parties from any and all claims resulting from the INHERENT RISKS of the Tour or the ORDINARY NEGLIGENCE of Vallarta Surf Guide (or other Released Parties) that I may have arising out of my participation in the Tour.

This agreement applies to(1) personal injury (including death) from incidents or illnesses arising from the Tour participation, including injury during course inspection, observation, practice runs, the Tour and while on the premises (including, but not limited to stands, sidewalks, parking areas, restrooms, and dressing facilities); and (2) any and all claims resulting from damage to, loss of, or theft of property.

Indemnification Agreement

I HEREBY AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY Vallarta Surf Guide (AND THE OTHER RELEASED PARTIES) FROM ANY AND ALL CLAIMS MADE BY ME (OR ANY RELEASING PARTY) ARISING FROM INJURY OR LOSS DUE TO MY PARTICIPATION IN THE Tour. THIS APPLIES BOTH TO CLAIMS ARISING FROM THE INHERENT RISKS OF THE TOUR OR THE ORDINARY NEGLIGENCE OF Vallarta Surf Guide (OR ANY RELEASED PARTIES).

I FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY Vallarta Surf Guide (AND THE OTHER RELEASED PARTIES) AGAINST ANY AND ALL CLAIMS OF CO-PARTICIPANTS, RESCUERS AND OTHERS ARISING FROM MY CONDUCT IN THE COURSE OF MY PARTICIPATION IN THE Tour.

Venue and Jurisdiction

I agree that the appropriate state or federal trial court for any legal action arising from this Agreement will be the one located in the State and country in which this Tour took place.

Severability

I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision shall be found to be unlawful, void or for any reason unenforceable, that provision shall be severed from this Agreement without affecting the validity and enforceability of any remaining provisions.

Mediation and Arbitration

In the Tour of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies or claims arising out of my participation in the Tour shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties.

Participant Attestations

1. I assert that I am in good health and in proper physical condition to safely participate in the Tour. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Tour or that would result in my participation creating a risk of danger to myself or to others.
2. I acknowledge that Vallarta Surf Guide recommends and encourages each client to get medical clearance from his/her personal physician prior to participation.
3. I assert that I have not been advised or cautioned against participating by a medical practitioner.
4. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Tour and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others.
5. I attest that I am covered by medical insurance.
6. In the Tour of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize appropriate Vallarta Surf Guide personnel and emergency medical personnel at the Tour to make emergency medical decisions on my behalf.
7. I authorize Vallarta Surf Guide to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Vallarta Surf Guide and agree to assume all costs of such care and transportation.
8. I acknowledge that Vallarta Surf Guide has instituted rules for the protection of myself and my co-participants. I agree to familiarize myself with those rules and follow them throughout the Tour. I also recognize the authority of Vallarta Surf Guide to halt my participation (and, if necessary, have me removed from the premises) if my participation, conduct or presence endangers myself or my co-participants.

Acknowledgment of Understanding:

I have read this Photography Release, Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am accepting this agreement freely and voluntarily and the acknowledge of this agreement was a mandatory field before I purchase the tour to be a complete and unconditional release of all rights to photographs of myself or my minor children (if applicable) and all liability due to ORDINARY NEGLIGENCE of Vallarta Surf Guide (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law.