I hereby acknowledge that I am participating in a boat and/or water activity excursion (the “Excursion) which may include transportation via high speed speedboat; visits to land based venues, beaches and shores; snorkeling; swimming; exposure to various forms of wildlife including jelly fish, sharks, dolphins, fish, rays, eels, iguanas, turtles and pigs; exposure of extreme heat and all manner of weather and sea conditions; and theft or other crimes.   I understand that this activity involves certain inherent risks including but not limited to risks of perils of the sea; travel at high speed through open water with waves and wakes which can cause significant vessel bouncing and movement; fire; collision; drowning; attack or injury from plant or wildlife both ashore and in the water; travel to isolated areas where medical assistance or rescue may be delayed or impossible; mechanical or equipment breakdown or failure; theft, loss or damage to property; injury and death.  I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE EXCURSION AND ANY/ALL ACTIVITIES ASSOCIATED WITH THE EXCURSION, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

 

I understand that this Activity is not recommended for persons who do not swim in open water, for persons with back or neck problems or injuries, or for pregnant women.  I certify that I am physically fit for participation in the Activity, do not have any of the above referenced medical conditions, and have not been advised to not participate by a qualified medical professional.  I certify that there are no health-related reasons or problems which preclude my participation in this activity.

 

I acknowledge that this Accident Waiver and Release of Liability Form will be used by organizers of the excursion in which I may participate, and that it will govern my actions and responsibilities at said activity.  I understand and agree that this Excursion is not being operated by Captains Marine, and that Captains Marine is not responsible for operation of the Activity, employment of all personnel operating the Activity, and maintenance of all equipment used. If I have booked this Activity through any charter broker, I understand that neither the platform nor its owners, operators or staff have any liability or responsibility for the Activity. I have not booked the Activity based on any representation or promise made by anyone other than Captains Marine.

 

In consideration of my application and permitting me to participate in the Activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

 

I FOREVER WAIVE, RELEASE, AND DISCHARGE BRANDON KEMP, CAPTAIN’S MARINE, THE TOUR OPERATOR and each of their parent, subsidiary and affiliated companies (at every tier) and affiliated properties, and all employees, officers, directors, representatives and agents of such companies (all collectively “Released Parties”)

 

(A)   from any and all liability, including but not limited to, liability arising from the negligence or fault of the Released Parties for death, disability, personal injury, property damage, property theft, or actions of any kind and however caused which may hereafter occur to me including my traveling to and from the Activity;

(B)  PROMISE NOT TO SUE ANY OF THE RELEASED PARTIES AND INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from any and all liabilities or claims made as a result of my participation in the Activity, whether caused by the negligence of the Released Parties or otherwise.

 

I acknowledge that none of the Released Parties are responsible for the errors, omission, acts, or failures to act of any third party or entity conducting a specific activity on their behalf.  There may be activities, venues and equipment rental outfits at sites visited during the Activity which are not owned or operated by any of the Released Parties and for whom Released Parties shall have no liability or responsibility.

 

I acknowledge that the Activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss.  The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the excursion.  These risks are not only inherent to participants, but are also present for volunteers, agents and employees.

 

I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

 

I hereby grant permission for Captain’s Marine to use photographs and/or video of me in publications, news releases, online and other communications related to Captain’s Marine.

 

Any claims, actions or suits against any of the Released Parties, including but not limited to claims, actions or suits arising from or related to the Activity, shall be governed, construed, interpreted and enforced according to the laws of the Commonwealth of The Bahamas, and the parties hereto shall submit to the exclusive jurisdiction of the Courts of the Commonwealth of The Bahamas to the exclusion of any other venue or jurisdiction. 

 

I understand that the terms herein are contractual and not a mere recital and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.  I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death and that such heirs, assigns and beneficiaries will be estopped from claiming otherwise because of my representations herein to the Released Parties.

 

I HAVE FULLY READ AND UNDERSTOOD THIS WAIVER, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY AGREEMENT BEFORE SIGNING BELOW.