1. Acknowledgment of Risk
l, the undersigned, acknowledge that participation in boating activities provided by Great Guana Cay Adventures involves inherent risks, including but not limited to:
Drowning, slipping, falling, or injury from contact with equipment
Accidents or collisions involving the vessel
Adverse weather conditions or unforeseen natural events.
Delayed access to medical care due to the location of activities
Risks associated with water sports, including but not limited to snorkeling, fishing, diving, tubing, and jet skiing.
Encounters with marine life, which are unpredictable and may result in injury.
I understand that alcoholic beverages may be offered during the activity. I accept full responsibility for monitoring my alcohol consumption and acknowledge that the consumption of alcohol may impair my judgment and increase the risks of injury. I voluntarily assume all risks associated with these activities and agree to participate entirely at my own risk.
2. Release of Liability
In consideration of being allowed to participate in activities provided by Great Guana Cay Adventures, I hereby release, waive, and discharge Great Guana Cay Adventures, its owners, operators, employees, agents, drivers, and affiliates (collectively referred to as the "Released Parties") from any and all liability, claims, or demands for injury, illness, death, or property damage arising from or related to my participation in the activities.
This release includes, but is not limited to, claims based on negligence, breach of contract, or breach of any statutory duty of care.
3. Limitation of Liability
l understand and agree that the Released Parties' liability is limited to the coverage provided under their Commercial Marine insurance policy. This policy includes coverage for legal liability for death, bodily injury to passengers(other than employees), and damage to property up to an annual aggregate limit of $500,000.
I acknowledge that this coverage is shared among all claims made during the policy year and any subsequent claims will be limited to the remaining balance of the annual limit. I agree that any claims exceeding this limit, whether individually or cumulatively are not the responsibility of the Released Parties.
4. Medical Fitness and Assistance
I certify that I and all minor participants in my party are physically and mentally fit to participate in boating, marine life encounters, and water sports activities. I understand that Great Guana Cay Adventures employees are not healthcare professionals and are certified only under the Standards of Training, Certification, and Watchkeeping (STCW)to provide basic first aid.
l acknowledge that activities may occur in locations far from medical facilities, and I accept the risks associated with potential delays in receiving emergency medical care.
Pregnant Participants:
l acknowledge that participation in boating and water sports activities while pregnant may involve additional risks including but not limited to physical strain, slips, or impact. I assume full responsibility for participating while pregnant and agree to hold the Released Parties harmless
Participants with Physical Impairments or Disabilities:
l acknowledge that Great Guana Cay Adventures is committed to providing an inclusive experience wherever possible. If I or any minor participant in my party has a physical impairment or disability, I agree to notify Great Guana Cay Adventures in advance to discuss necessary accommodations. While the Released Parties will make every reasonable effort to accommodate individual needs,I understand that certain activities may not be fully accessible due to the inherent nature of boating, water sports, or marine life encounters.
l also acknowledge that participation in these activities is undertaken at the individual's own risk and l accept full responsibility for assessing the suitability of the activities for myself or any impaired or disabled minor participant in my party.
5. Safety Rules and Instructions
I agree to follow all safety rules, guidelines, and instructions provided by the Released Parties. I understand that failure to comply may result in removal from the activity without a refund.
Service Animals
l agree to inform Great Guana Cay Adventures in advance if I, or anyone in my party, will bring a service animal. I understand the risks associated with having a service animal onboard or during activities, and I assume full responsibility for their safety and behavior.
6. Marine Life Encounters
l acknowledge that encounters with marine life, including but not limited to fish, turtles, rays, sharks, and other sea creatures, are unpredictable. While every effort is made to ensure safe interactions,l understand that Great Guana Cay Adventures cannot guarantee my safety during these encounters
l assume all risks associated with marine life interactions and agree that the Released Parties shall not be held liable for injuries or incidents resulting from such encounters.
7. Water Sports Activities
l understand that participation in water sports activities, including snorkeling, fishing, diving, tubing jet skiing, and similar activities, involves inherent risks. I acknowledge that:
These activities require physical fitness and the ability to follow instructions.
Equipment may malfunction or fail despite proper maintenance.
The Released Parties cannot be held responsible for injuries or accidents arising from my participation in these activities unless caused by their negligence.
8. Allergies and Personal Sensitivities
l understand that Great Guana Cay Adventures may provide snacks, beverages, snorkeling gear, life vests, floats, towels, and other items for use during the activity.
l acknowledge that it is my responsibility to disclose any allergies or sensitivities to food, beverages, or materials to Great Guana Cay Adventures prior to the activity.
I accept that the Released Parties are not liable for allergic reactions or health issues resulting from my failure to disclose this information.
I understand that some provided items, such as gear or towels, may contain materials (e.g. latex, neoprene, detergents)that could cause allergic reactions, and I assume all risks associated with their use.
9. Alcohol Consumption
I understand that alcoholic beverages may be available during the activity. I agree to consume alcohol responsibly and acknowledge that the Released Parties are not responsible for any injuries, accidents, or incidents arising from my alcohol consumption.
10. Indemnification
l agree to indemnify and hold harmless the Released Parties from any claims, demands, or causes of action arising out of or in connection with my participation, including any costs, legal fees, or expenses incurred as a result of my actions or inactions.
11. Photo/Video Release
l grant permission for Great Guana Cay Adventures to use any photographs or videos taken during the activities for promotional purposes including marketing, social media, and advertising without compensation.
Exception for Non-Disclosure Agreements (NDA):
lf a participant has entered into a signed non-disclosure agreement with Great Guana Cay Adventures, this clause does not apply. In such cases, Great Guana Cay Adventures agrees to adhere to the terms of the NDA, and no photographs or videos will be taken involving the participant or their party without prior consent.
12. Governing Law
This agreement shall be governed by and construed in accordance with the laws of The Commonwealth of The Bahamas. Any disputes arising under this agreement shall be resolved exclusively in the courts of The Commonwealth of The Bahamas.
13. Acknowledgment of Understanding
l have read this agreement and fully understand its terms. I acknowledge that by signing, I am waiving certain legal rights, including the right to sue the Released Parties.