READ CAREFULLY BEFORE SIGNING!

I am a passenger of the Bigelow Laboratory for Ocean Sciences (“Bigelow”) research vessel R/V “BOWDITCH” or “R/V Clarice” (the “Vessel”), or the parent/legal guardian of the above-identified minor child passenger of the Vessel.  On behalf of myself (and, as applicable, on behalf of my minor child), I agree to the following:

I am aware of the risks of injury, permanent disability, death, and damage to property that are associated with travel on an ocean-going vessel, including risks related to weather, boarding and voyaging on an ocean-going vessel, using special equipment, and other circumstances. I understand that serious accidents can occur on board ocean-going vessels, which can result in loss to or damage to property or bodily injury or even death; nonetheless, I desire to (or allow my minor child to) participate in or observe the research performed on board and in connection with the Vessel with full knowledge of the dangers involved. I understand and acknowledge that my (or my minor child’s) participation in or observation of, research and other activities is voluntary and done at my (and my minor child’s) own risk. I voluntarily assume all these risks and accept personal responsibility for myself (and for my minor child) any damages following such injury, permanent disability, death, or property damage.

I, on behalf of myself, my heirs, executors, personal representatives, and assigns (and on behalf of my minor child, their heirs, executors, personal representatives, and assigns), waive and release any and all claims against Bigelow, its directors, officers, shareholders, members, employees, affiliates, agents, insurers, subcontractors, and any other personnel in any way assisting or associated with Bigelow and the Vessel (collectively, the “Indemnified Parties”) from any and all losses, damages, injuries, costs, attorney fees, and expenses of any kind and nature incurred by me (or my minor child) arising from, or in connection with voyaging on the Vessel and the participation in or observation of research or other activities conducted on the Vessel, including but not limited to all losses and damages for the negligent or careless conduct or acts of the Indemnified Parties. I further covenant not to cause or permit any action to be brought against any of the Indemnified Parties on account of loss of or damage to property or bodily injury, including death, as a result of these activities or my (or my minor child’s) presence on board the Vessel. This waiver and release includes all claims arising out of any federal, state, local, foreign, or other governmental law, regulation, or ordinance.

I have carefully read this waiver and release and fully understand that it is a release of all liability and a waiver of any rights that I (or, as applicable, my minor child) may have to bring a legal action or assert a claim for injury or loss of any kind against the Indemnified Parties, including Bigelow. I sign this waiver and release as my free and voluntary act without any inducement.

This waiver and release is entered into and shall be governed by the laws of the State of Maine. If any part of this waiver and release is not enforceable as written, it shall be enforced to the maximum extent allowed by law and shall not affect the enforceability of any other part.