Snorkel Academy Assumption of Risk and Complete Release of Liability
This wavier and these terms and conditions affect your legal rights, so it is important that you read and understand them prior to acceptance. By participating in the Aquarium in the Wild Snorkel Safaris (the "Activity") you agree to be bound by these conditions. Should you have any concerns regarding any aspect of your health prior to participating in the Activity, you should consult your doctor and receive medical clearance before participating. I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE OCEAN CONSERVATION TRUST AND NATIONAL MARINE AQUARIUM, THEIR EMPLOYEES, VOLUNTEERS, AND ASSOCIATED PERSONNEL, (THE "RELEASED PARTIES") AND TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF PARTICIPATION IN THE ACTIVITY. 1. I confirm that I wish to voluntary participate in the Activity provided or organised by or on behalf of the Released Parties. 2. I confirm that if I participate in the Activity that I can swim and I have the skills to snorkel in the open ocean with no assistance. If I cannot swim I agree to remain on the shore at all times. I also agree that I will not expect the Released Parties to teach me how to swim and that prior to the Activity I will have the skills necessary to participate without assistance. 3. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH THE ACTIVITY, which can result in physical or emotional injury, including death or damage to myself, to property or to third parties, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures, acts of fellow participants, entering and exiting the water, and I accept and assume all of the risks which exist in the Activity. I also confirm that I choose to participate in the Activity being fully aware of these risks. 4. I understand that I have a duty to exercise reasonable care for my own safety and I agree to do so. 5. I confirm that I am physically fit and able to participate in the Activity, which is carried out at my own risk and I will not hold the Released Parties responsible if I am injured as a result of any problems (medical, accidental, or otherwise) which occur while participating in the Activity. I further confirm my participation in the Activity is appropriate to level of abilities and fitness. 6. If I need a flotation device I will ask for one. If I use a flotation device I will not remove my floatation device at any time while in the water. I acknowledge that doing so will constitute a violation of safety rules and procedures for which I expressly assume the risk. If I become distressed at the surface, I will immediately inflate my floatation device for flotation assistance. 7. I fully understand that the Released Parties have limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by phone and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. 8. I certify that to the best of my knowledge I do not have a medical condition which might have the effect of making it more likely that I will be involved in an incident which could result in injury to myself or others and I acknowledge that I am responsible for my own safety (and the safety of my possessions) whilst undertaking the Activity. 9. I agree that I will undertake the Activity in accordance with the safety rules and advice that I receive along with any oral instructions or advice given to me prior to or during my participation in the Activity. 10. I expressly agree and promise to accept responsibility for any and all risks existing and subsisting in the Activity, and acknowledge that my participation in the Activity is voluntary and that I am taking part despite the risks. As a result of participating in the Activity I agree to accept any consequences except liability for death or personal injury caused by a Released Parties negligence and/or breach of statutory duty. Further, I expressly confirm that the Released Parties are hereby exempt and released and shall be held harmless by me for any and all liabilities resulting from personal injury, death or property damage howsoever arising, including the use of any equipment provided, during my participation in the Activity. 11. To the maximum extent permitted by law but subject to non-excludable consumer guarantees implied pursuant to UK Consumer Law, in no event will a Released Party or its employees, directors and agents be liable in respect of any claim for any indirect or consequential loss or damage, including without limitation personal injury, financial loss, or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort (including negligence), equity, breach of statute or statutory duty or breach of any consumer guarantees. 12. I agree to be financially responsible for any equipment I lose or break. 13. If the participant is under the age of 16, I agree that this release of liability and assumption of risk agreement is made on behalf of that minor and that all of the releases, waivers and promises contained in these conditions are binding on that minor participant. I also confirm that I have full authority as parent or legal guardian to agree to their participation in the activities and to bind them to this agreement. 14. I acknowledge that I am responsible for the safety and supervision of the child/children named above (and the safety of our possessions). I will ensure that I pay particular attention to any under 16 year olds and will supervise them at all times. 15. This waiver will be governed by in accordance with English law and any disputes relating to it shall be subject to the exclusive jurisdiction of the courts of England. I acknowledge that I have carefully read, fully understand and accept the above waiver termsand conditions prior to my signing below.
Today's Date: May 9, 2025
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