(KAYAK, SCOOTERS AND PADDLE BOARD USE)

I declare and affirm that I have read the following carefully before deciding to participate. By signing this Release, I am expressly agreeing to have knowingly, fully and totally released the Owner/Company/His Agents and Employees (hereinafter “the Released”) from any and all claims, including negligence, arising out of any act, omission, or condition existing prior to signing of the agreement, and extending to include any act, omission, or condition in any way connected with my participation in (including transit to and from) these water sports activities and yachting, occurring at any point in the future from the activities in which I am about to purchase/engage.

 

A.     EXPRESS ASSUMPTION OF ALL INHERENT RISKS OF YACHTING AND WATER SPORTS ACTIVITIES

 

There are numerous risks inherent in and associated with participation in yachting and water sports activities. By executing this Release, I am acknowledging that participation in yachting and water sports activities is an inherently dangerous activity that involves risks of death and/or serious bodily injury that cannot be prevented or avoided even by the exercise of reasonable care.

 

The following list, though not exhaustive, exemplifies many of the types of risks and potential injuries I may encounter in connection with my participation in yachting and water sports activities, including but not limited to:-

· slip and fall;

· harm caused by boarding or disembarking yacht;

·changing water flow, tides, currents, wave action;

·collision with other participants;

·collision with watercraft, whether owned or operated by the Released, collision with man-made or natural objects

· the negligent actions and/or omissions of other participants;

· my own actions and/or omissions based on my level of competency as to the activity.

 

Before using any of the water sports equipment provided, I have obtained enough instruction on the operation of such equipment and am aware of the inherent hazards of same. I further understand that by engaging in the activities that there is a risk of injury requiring treatment and acknowledge that such activities may occur at a remote site not in close proximity to a hospital or medical facility. If I choose to proceed with such activities or choose to allow my child/dependent to participate in such activities, I do so in full acceptance of the above terms.

 

B.     WAIVER AND RELEASE OF LIABILITY

 

I knowingly, voluntarily, and unequivocally exempt RMC LUXURY YACHTING LIMITED AND THEIR ASSOCIATES OR THEIR REPRESENTATIVES, EMPLOYEES AND/OR THIRD RELATED PARTIES, of all liability with respect to the above activities. In the event I or my child/dependent were to suffer any injury or incur any loss or damage, I will assume in its entirety, all risk and responsibility. Furthermore, I acknowledge that the equipment is not covered by any type of insurance.

 

THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASED FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITES CREATED BY THE RISKS INHERENT IN WATER SPORTS PARTICIPATION.

 

I acknowledge that LIFE VESTS must be worn at all times for all water sporting activities; and I agree to remain in the designated area as indicated by the staff.

The Released have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the Released, their crew, boats or passengers responsible for their actions in attempting the performance of rescue or first aid.

 

C.     LOSS/ DAMAGE

 

I understand that RMC LUXURY YACHTING LIMITED and their associates or their representatives, employees and/or third related parties are not responsible for cameras, mobile phone, glasses or any others personal objects that may be lost or damaged during the activities.

 

 

D.     PHOTO RELEASE

 

I grant permission and consent to RMC LUXURY YACHTING LIMITED for the use of my photograph/s or image for presentation under any legal condition, including but not limited to publicity, copyright purposes, illustration, advertising and web content. I understand that there shall be no payment for this Release. I also understand that I may revoke this authorization at any time by notifying the Released in writing. The revocation will not affect any actions taken before the receipt of this written notification.

 

 

E.     DECLARATION OF COMPETENCY

 

I further state that I am of lawful age and legally competent to sign this liability release. I understand that the terms herein are contractual and not a mere recital and I have fully informed myself of the contents of this release, have been truthful and express assumption of risk by reading it before signing.

 

I sign this document of my own free will.

 

 

EACH ADULT PARTICIPANT MUST INDIVIDUALLY SIGN A WAIVER.

I, as the legal/guardian, have read this Release completely and carefully and understand, accept and agree to let my minor child(ren) engage in a potentially dangerous activity.

This Release will be archived for six (6) years from the date of signing and after that time destroyed.