CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND
LIABILITY WAIVER AND RELEASE AGREEMENT
IN CONSIDERATION of being permitted to participate in the charter/rental provided by [Insured Name] i
for myself and/or
any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal
representatives, or assigns:
ACKNOWLEDGEMENT OF RISKS
I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include
(1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance,
physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other
hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection
of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects,
animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries
or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction
time and increase the risk of an accident; (8) slippery decks and/or steps when wet; (9) [specific activities to be listed that are
not mentioned above].
I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this
charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which
I am about to engage.
I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental.
I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have
any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures,
dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further
affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not
currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries
a warning about any impairment of my physical or mental abilities.
CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY
I fully agree to assume all responsibility for all the risks of the [Charter/Rental]
iv to which I am about to engage, whether
identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT
OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW). My/Our participation in the charter is completely
voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility
that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any
bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident
which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT
ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR
WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL
PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED
BELOW
This Agreement shall be governed by the laws of [Assured’s Country]
v Any legal action relating to or arising out of this
agreement against or with respect to [The assured]
vi shall be commenced exclusively in [Assured’s Country]. Any legal
action relating to or arising out of this Agreement against or with respect to any of it [Assured’s name] affiliated or related
companies shall be commenced exclusively in the [Court of the Assured’s country] vii
. I agree that I will reimburse in full
any attorney feesincurred by the assured or their Insurers to defend any legal action under this agreement
I HEREBY RELEASE [Insured Name]
viii
, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS,
DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND
EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND
ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISELINE OR
COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL
LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING
DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR
PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF
ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).
I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is
contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving
valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named
above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING
ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE
OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY
WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY
RESPONSIBLE (INCLUDING DEATH).
Open today | 09:00 am – 08:30 pm |
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.