Acknowledgment of Risk, Waiver of Liability, Indemnification, Release, and Participation Agreement
I, in my capacity as a participant in the sports event called Quito Trail by UTMB (hereinafter, the “Competition”), organized by the company PA S.A.S. (hereinafter, “PA S.A.S.”), declare that I have read, understood, and voluntarily accept this statement, assuming all risks related to my participation in the Competition.
- Assumption of Risk.
I fully assume responsibility for any loss, material damage, illness, physical injury, and/or death that I may suffer as a direct or indirect result of my participation in the Competition. I declare under oath that: i) I do not suffer from any acquired or congenital physical conditions or injuries that could endanger my health or life during the Competition, and ii) I am aware of the distance, route, and technical characteristics of the Competition, and I am familiar with this type of event.
I confirm that I have undergone a prior medical check-up and that I am in optimal physical condition to participate in the Competition.
I acknowledge and accept the inherent risks of the Competition, including but not limited to: 1) falls, 2) contact with other participants, 3) adverse weather conditions, 4) open vehicular traffic, 5) limited access to certain parts of the route, 6) the condition of the route and terrain, and 7) any other risk that may arise during my participation. I understand and accept that PA S.A.S. cannot guarantee my absolute safety, and that there are risks inherent to this type of event that cannot be completely eliminated, even with reasonable safety measures.
Additionally, I acknowledge that the Competition takes place in natural environments with changing and unpredictable conditions, and I accept that PA S.A.S. may modify, suspend, or cancel the Competition at any time for safety, weather, or force majeure reasons, without any obligation to refund the amounts paid by me to PA S.A.S.
PA S.A.S. may deny my participation in the Competition without refund if any of the statements, warranties, and/or acknowledgments made by me in this document are found to be untrue, especially those related to my health.
- Release of Liability.
I agree that neither PA S.A.S., nor its directors, employees, volunteers, contractors, agents, representatives, sponsors, commercial partners, nor the owners or administrators of the venues where the Competition takes place, nor its affiliated, parent, or subsidiary companies (the “Partners”), shall be liable for any compensation, claim, cost, damage, or harm, including but not limited to: i) accidents, ii) physical injuries, iii) psychological or moral harm, iv) loss of profit, consequential or moral damages, or v) any impact on me or my beneficiaries or relatives, arising from my participation in the Competition, except in cases of proven willful misconduct or gross negligence under Ecuadorian law.
I expressly waive the right to initiate any administrative or legal action against PA S.A.S. or its Partners, except in the aforementioned cases.
- Indemnification.
As a participant in the Competition, I agree to indemnify and hold harmless PA S.A.S. and its Partners from any liability, damage, claim, obligation, or expense (including attorney’s fees), including but not limited to claims, damages, or costs arising from my actions, omissions, or breaches during the Competition.
- Medical Attention and Evacuation.
I authorize emergency medical care as deemed necessary by personnel designated by PA S.A.S.
I release PA S.A.S. and medical personnel from any liability for the outcomes of such care, provided there is no willful misconduct or gross negligence.
I give my informed consent to be evacuated in case of an accident and agree to cover the full cost of such evacuation, regardless of the means used. I also authorize such evacuation to be requested if I am unable to do so myself.
Medical information collected during the Competition will be treated with strict confidentiality and used solely for emergency care, in accordance with the Organic Law on Personal Data Protection.
- Use of Image.
I grant PA S.A.S. and its sponsors indefinite authorization to use, reproduce, distribute, and publish photographs, videos, recordings, or other records of my participation, without any financial compensation, for promotional or informational purposes, in any physical or digital medium, respecting my dignity and without altering the original context of the images.
- Personal Data Protection and Commercial Authorization.
I authorize the personal data collected by PA S.A.S., its associated, affiliated, and related companies—including those offering financial services and payment facilities for registration—to be processed in accordance with the Organic Law on Personal Data Protection.
This data may be used for marketing activities, commercial communication, promotional information, statistics, market research, invitations to events organized or sponsored by PA S.A.S. and its partners, as well as for the management of financial services related to the Competition.
I authorize the transfer of this data to affiliated, parent, or related third parties for legitimate commercial purposes compatible with the purposes described herein.
I may exercise my rights of access, rectification, cancellation, opposition, and portability by contacting PA S.A.S. at datos@proyectoaventura.com, in accordance with applicable law.
- Legal Jurisdiction and Dispute Resolution.
This declaration is governed by the laws of the Republic of Ecuador.
Any dispute arising shall be resolved in the competent courts of the canton of Quito, expressly waiving any other jurisdiction.
- Validity and Electronic Acceptance.
This declaration has the same legal validity whether signed physically or accepted electronically at the time of registration, in accordance with Articles 6 and 7 of the Law on Electronic Commerce, Signatures, and Data Messages.
PA S.A.S. will retain digital evidence of acceptance as legal support.
- Final Acceptance.
I declare that I have read and understood this waiver and the official rules of the Competition, and I understand their legal implications.
I voluntarily accept all terms and conditions and acknowledge that this is a broad and voluntary waiver of rights.
I sign or electronically accept this declaration as full and voluntary agreement to all its terms, without reservation.