OCEAN JOURNEYS LLC dba NATURE AND YOU Release/ Waiver of Liability and Indemnification NOTICE: THIS RELEASE AND WAIVER AFFECTS YOUR LEGAL RIGHTS.PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE INITIALING OR SIGNING IT. Parent/Legal Guardian should initial on behalf of participating Minor after discussing each section with him/her, indicating that both the Minor and the Parent/Legal Guardian agree to each section. In consideration of being permitted to participate in the tour offered by OCEAN JOURNEYS, LLC dba NATURE AND YOU (hereinafter “OCEAN JOURNEYS”), and being permitted to participate in activities including but not limited to sightseeing, hiking, wildlife viewing, food tasting and ground transportation (hereinafter referred to as “activity”) with OCEAN JOURNEYS, do hereby expressly acknowledge and freely assume all risks both known and unknown associated with this activity. I understand that there are inherent risks, dangers and hazards associated with hiking, which include but are not limited to rough/uneven terrain, walking across improved and unimproved trails, inclines and declines, rocks, mud, tree branches/roots, slippery surfaces, falling trees, flash floods, lightning, inclement weather, rockslides, landslides, poisonous plants, insect bites/stings, bacteria, and feral animals. I also understand that hiking is a physically strenuous activity and that I will be exerting myself during this activity. I understand the description of these risks is not complete and that other unknown or unanticipated risks may occur that could result in serious injury, paralysis or death and I specifically assume such risks. I understand it is necessary to always follow instructions given by the office, guide and driver, and to keep alert in order to minimize the risk of injury. I acknowledge that I am physically fit to hike for at least one hour and I will not hold OCEAN JOURNEYS responsible if I am injured as a result of heart problems, lung problems, or other illnesses or medical problems which may occur while hiking. I understand and acknowledge there is risk of serious bodily injury associated with hiking such as broken bones, lacerations, blunt trauma, hypothermia, fatigue, exposure to the sun, traumatic brain injury, physical/mental illness or disease, infection, anaphylactic reaction to stings/bites/toxins, or injury to your head, limbs or spinal column if you fall or are struck by an object. I specifically assume all such risks. I also understand and acknowledge that OCEAN JOURNEYS does not allow those with serious health concerns, back/neck problems, knee/ankle/leg problems, difficulty walking, vertigo, recent surgery, pregnant woman, those with conditions which could be aggravated by sudden movement or falls to participate in hikes, and specifically assert that I am free of such conditions. I hereby agree, represent and warrant that I have disclosed to OCEAN JOURNEYS any and all allergies (food, insect, plant, drug or other substance), which I or the Minor for whom I sign, has or may have. I understand and agree that neither OCEAN JOURNEYS, the guide, drivers nor owners, and all of their affiliates, subsidiaries, related companies, members, managers, officers, agents, representatives, employees and other persons or entities involved (hereinafter referred to collectively as “Released Parties”), may be held liable or responsible in any way for any occurrence on this tour which may result in personal injury, property damage, wrongful death or any other damage to me or my family, that may occur as a result of my participation in this boat trip or as a result of the negligence of any party, including the released parties, whether passive or active. I hereby agree, represent and warrant that: (a) to the best of my knowledge, I am not pregnant; (b) I understand the nature of the tour and I am, or the Minor for whom I sign is, physically and mentally capable of participating in the activity; (c) neither I, nor the Minor for whom I sign, has a pre-existing medical condition that could be aggravated by participating in the activity or aware of any medical conditions that could affect my safety while participating in the activity; (d) neither I, nor the Minor for whom I sign, has a physical or emotional limitation which would preclude participation in the activity; (e) I agree to follow all instructions given to me by the staff of OCEAN JOURNEYS while I am a participant in the activity; and (f) I shall use due care and caution while participating in the activity and shall immediately report to OCEAN JOURNEYS any unsafe conditions or unauthorized use witnessed by the undersigned. By participating in or attending this activity, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and I expressly waive any right of privacy, compensation, copyright or other ownership right connected to same. By choosing to participate in this activity I understand that I am assuming all responsibility for risks of illness, injury or death whether such risks are identified herein or are unspecified. I further state that I am at least 18 years old and legally competent to sign this document, or that I have the consent of my parents or legal guardians. I HAVE CAREFULLY READ THIS DOCUMENT AND I UNDERSTAND ITS CONTENT. I ALSO UNDERSTAND THAT IT IS BINDING AND LEGALLY ENFORCEABLE. I AM SIGNING IT OF MY OWN FREE WILL, WITHOUT DURESS.
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