Reef Surfari Snorkeling Participant Waiver
In consideration of permitting the undersigned person(s) to participate in a crewed charter with REEF SURFARI SNORKELING, LLC and to utilize all available equipment, including, but not limited to masks, fins, skis, and snorkel equipment, the undersigned, individually and on behalf of their individual heirs, executors, successors, administrators, and assigns (“RELEASORS”) hereby voluntarily release, discharge, waive and relinquish any and all actions for personal injury, property damage or wrongful death occurring to themselves arising at any time against REEF SURFARI SNORKELING, LLC the captains and crew of the charter, their members, executors, administrators, agents, representatives, employees, sub-contractors, successors, and assigns (collectively "SURFARI") as a result of the contemplated voyage aboard the crewed charter vessel.
RELEASORS agree that if any claim for personal injury, property damage, or wrongful death shall be prosecuted against SURFARI, arising out of or in any way connected with the charter of the vessel by RELEASORS, they shall defend, hold harmless, and jointly and severally indemnify SURFARI from said claim.
IT IS THE INTENTION OF RELEASORS BY THIS INSTRUMENT TO EXEMPT AND RELIEVE SURFARI FROM LIABILITY FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY OR RELATING TO THE CHARTER OF THE VESSEL, PARTICIPATION IN ANY ACTIVITIES CONDUCTED THEREON, INCLUDING BUT NOT LIMITED TO THE EXPOSURE TO AND/OR CONSUMPTION OF ANY MARINE LIFE AND ANY EQUIPMENT, OR FOOD OR DRINK SUPPLIED BY SURFARI. EVEN IF THE UNDERSIGNED IS INJURED OR SUFFERS OTHER LOSSES THAT COULD HAVE BEEN AVOIDED OR PREVENTED BY SURFARI, THE UNDERSIGNED WILL HAVE NO LEGAL RECOURSE AGAINST SURFARI, AND MUST RELY ON HIS/HER OWN INSURANCE OR RESOURCES TO COMPENSATE FOR SUCH INJURY OR LOSS.
The undersigned each acknowledge that he/she has completely read this agreement, that he/she understands the potential dangers incidental to engaging in sea voyages, fishing, swimming, snorkeling and related activities and voluntarily assume all risks inherent in such activities. The undersigned understands that the decision whether to participate in the charter or associated activities is solely that of the undersigned. Various factors, including weather, may make a voyage more dangerous than usual, and conditions may change unexpectedly during a charter, however, SURFARI shall have no obligation to cancel a cruise due to weather or sea conditions or to provide additional warnings regardless of the forecast. The undersigned agrees that he/she is fully aware of the legal consequences of signing this document and that parents or legal guardians shall sign on behalf of themselves and each passenger who is a minor child.
This excursion or activity may involve certain inherent risks, including death and personal injury, and the undersigned acknowledges that it has not relied on any statements of the ticket seller or resort in selecting this excursion or activity. The undersigned agrees that the ticket seller or resort is not responsible for, and has no control over, the actual operation of this excursion or activity. In consideration for participating in this excursion or activity, the undersigned hereby irrevocably and permanently releases any and all claims of any kind or nature whatsoever, including but not limited to claims for personal injury, death, loss, damage or delay, against any resort involved in his/her travel and entity selling tickets to this excursion or activity. The undersigned and everyone in his/her party meet any age or health restrictions for this excursion or activity.
RELEASORS grant SURFARI the right to photograph and/or videotape the RELEASORS and to display, use and/or otherwise exploit their name, likeness, voice and appearance forever and throughout the world, in all media, whether no known or hereafter devised throughout the world in perpetuity (including, without limitation, in online webcasts and media, television, motion pictures, films, newspapers and magazines) and in all forms, including, without limitation, digitized images, whether for advertising, publicity or promotional purposes, without compensation, reservation or limitations. SURFARI is, however, under no obligation to exercise any rights granted herein.
I, have read and understand this agreement and I am aware that by signing this agreement I may be waiving certain legal rights, including the right to sue.
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Document Name: Reef Surfari Snorkeling Participant Waiver
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