Machapu Adventures (hereinafter referred to as “Machapu”) sets forth the following terms and conditions of all Machapu Adventures Surf Tours (hereinafter referred to as “Surf Trip” or “Surf Tours”) for all Participants and Guests (hereinafter referred to as “Participants” or “Guests”):

PARTICIPANT HEALTH/ MEDICAL REQUIREMENTS: Machapu requires that all Participants review the link set forth below for required health and medical information, including medical care, medication availability and required vaccinations, and shall arrange such vaccinations as are recommended for Peru:

http://travel.state.gov

All Participants and their Guest(s) are responsible for ensuring that they receive any necessary vaccinations before embarking on your Surf Trip with Machapu. Machapu recommends that all Participants and their Guest(s) review the MACHAPU ON-SITE MEDICAL STAFF information herein. Please ask for details at time of booking your Surf Trip.

PARTICIPANT PHYSICAL FITNESS AND SURFING EXPERIENCE REQUIREMENTS: Machapu Surf Tours cover all levels of surfing experience, from beginner to professional, and all Machapu Surf Tours require different levels of physical fitness. All Machapu Surf Tours are rated according to the natural conditions of Peru and the degrees of difficulty which will be encountered. Machapu requires that all Participants choose their Surf Trip based upon their level of expertise and physical fitness.

MACHAPU PARTICIPANT’S REPRESENTATIONS: The Participant represents that neither he nor she nor anyone traveling with him or her (“Guest(s)”) has any physical or other condition or disability that could create a hazard to himself or herself or other Participants. Machapu reserves the right to decline any Participant and/ or their Guest(s) at any time, and reserves the right to remove at any time, at Participant’s sole and exclusive expense, any Participant and/ or their Guest(s) whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other Participants on the trip, the exercise of which reserved rights shall be in the sole and exclusive discretion of Machapu.

SECURITY: Machapu requires that all Participants and Guests be careful and exercise the utmost caution at all times while in Peru. Machapu requires that all Machapu Participants and Guests keep to their Machapu itinerary. Machapu recommends that all Participants and Guests wear minimal jewelry and keep valuable items safely stored. Machapu recommends that you make and keep copies of all passports, airline tickets, travelers checks and credit card numbers. Machapu requires that all Participants and Guests research the following website for information on safety and security in Peru, including the safety-security section:
http://travel.state.gov/travel/cis_pa_tw/cis/cis_998.html

TRAVEL ADVISORIES AND WARNINGS: It is the responsibility of the Participant to become informed about the most current travel advisories and warnings by referring to the United States State Department's travel website at www.travel.state.gov. In the event of an active State Department Travel Warning against travel to the specific destination location of the Surf Trip, should the Participant still choose to travel, notwithstanding any travel advisory or warning, the Participant and their Guest(s) assumes all risk of personal injury, death or property damage that may arise out of any and all events advised or warned against and/ or similar thereto.

LIMITS ON MACHAPU'S RESPONSIBILITY: Neither Machapu, its respective officers, directors, shareholders, members, employees, agents, representatives, assigns and successors-in-interest, nor its affiliates, subsidiaries, associates and/ or independent organizations, agents, employees, contractors or subcontractors, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay or inconvenience caused to or suffered by any Participant(s), Participant(s)’s Guest(s), their person or their property, howsoever arising, which may occur or be incurred, even though such act, default, injury, loss, expense, damage, deviation, delay or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of Machapu, its respective officers, directors, shareholders, members employees, agents, representatives, assigns, successors-in-interest, affiliates, subsidiaries, associates and/ or independent organizations, agents, employees, contractors or subcontractors, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, Machapu will not be liable for delays in departure or interruption caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Machapu. The right is reserved to substitute accommodations or modes of transportation and to make any changes deemed necessary. It is the Participant(s) and their Guest(s) responsibility to judge his or her physical capabilities. Machapu takes no responsibility for special arrangements or problems incurred by Participants and/ or their Guest(s) who are physically unable to participate in the Surf Trip and/ or other activities. The right is reserved by Machapu to decline to accept or retain any person as a Surf Trip Participant(s) and/ or Guest(s) for any reason, which affects the operation of the Surf Trip or the rights and welfare or enjoyment of the other Participants and/ or Guest(s). Machapu does not discriminate against any individual because of race, sex, creed, gender or nationality. In no event will Machapu be responsible for incidental, consequential or special damage or loss suffered by any Participant(s), Guest(s) and/ or any person. Machapu’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Machapu for its services. By making arrangements for hotel or other accommodation, Machapu is not acting as principal but only as agent for the companies, corporations or persons providing or offering the accommodation. To the extent Machapu shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the Participant(s) and/ or Guest(s) and/ or purchasers in arranging or booking accommodation.

WAIVER OF JURY TRIAL:
IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL. THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF NEW YORK, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES EASTERN DISTRICT COURT FOR THE STATE OF NEW YORK, CENTRAL ISLIP COURTHOUSE, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.

EXCLUSIVITY:
Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of Machapu and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.

ACKNOWLEDGMENT OF RISK:
You understand and acknowledge that your travel in connection with and participation in the Surf Trip arranged at your request by Machapu may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, officers, shareholders, members, employees, agents, representatives, assigns, successors-in-interest, affiliates, subsidiaries, associates and/ or independent organizations, employees, contractors or subcontractors of Machapu or the negligence or participation of other Participant(s), Guest(s) of Machapu. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with the Surf Trip, any and all activities conducted in conjunction therewith, and any other activities which may take place during your Surf Trip.

EXPRESS ASSUMPTION OF RISK:
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the Surf Trip and/ or activity, that you are willingly and knowingly electing to participate in this Surf Trip and any and all activities conducted in conjunction therewith in spite of the potential risk of danger, bodily injury and/ or death, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, officers, shareholders, members, employees, agents, representatives, assigns, successors-in-interest, affiliates, subsidiaries, associates and/ or independent organizations, employees, contractors or subcontractors of Machapu or the negligence or participation of other Participant(s), Guest(s) of Machapu.

RELEASE OF ALL LIABILITY:
In consideration of the services and arrangements provided by Machapu, you, for yourself and for your heirs, personal representatives, assigns and Guest(s), do hereby release, waive, discharge, hold harmless and agree to indemnify Machapu, and its owners, directors, officers, shareholders, members, employees, agents, representatives, assigns, successors-in-interest, affiliates, subsidiaries, associates and/ or independent organizations, employees, contractors or subcontractors from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your Surf Trip and any and all activities conducted in conjunction therewith, including attacks by animals (including, but not limited to, shark, stingray, jellyfish), strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time. There are many inherent risks in Surf Tours, which can lead to illness, injury, or even death. These risks are increased by the fact that Surf Tours may take place in locations great distances from medical facilities. Participants and their Guest(s) assume all risks associated with participating in a Machapu Surf Trip.

YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, SUCCESSORS-IN-INTEREST, AFFILIATES, SUBSIDIARIES, ASSOCIATES, INDEPENDENT CONTRACTORS AND ORGANIZATIONS, EMPLOYEES, CONTRACTORS OR CONTRACTORS OF MACHAPU.