Please read and sign below
I do hereby acknowledge that boating and snorkeling have inherent risks and dangers including but not limited to risks associated with perils of the sea, inclement weather and sea conditions and equipment failure, and I specifically assume such risks. I further understand that these risks can lead to serious injury, paralysis and death. I acknowledge that I am physically and mentally capable of participating successfully in boating and/or snorkeling, that I am not under the influence of drugs or alcohol, and if I am taking medications or have health conditions, I affirm that I have seen a physician, and have approval to participate in these activities. I acknowledge that if I have any of the following medical conditions: heart issues, high blood pressure, high cholesterol, diabetes or asthma, I am hereby advised by Pacific Whale Foundation to NOT participate in snorkeling activities. If I have approval from my physician to snorkel, my in-water activity should be limited to within 50 feet of the vessel at all times. I acknowledge that there have been fatalities in Maui County as a result of snorkeling and in-water activity.
I understand that for my safety all cruises, in part or whole are, weather permitting; and that Captains may use their discretion in choosing alternative sites, vessels or equipment. I understand that photos of passengers may be used in promotion material.
By signing this document I release my rights, and my heirs rights, to sue Pacific Whale Foundation Eco Adventures, its subsidiaries, officers, employees and/or agents (collectively “Releases”) for personal injuries or wrongful death that may occur during the forthcoming activities as a result of the inherent risks or as a result of negligence; as all activities are at my own risk. I also agree to defend, indemnify and hold harmless the Releases from any loss, liability, damage or cost they may incur arising out of or related to my/our participation in the activities listed above.
***ALL MEMBERS OF YOUR PARTY MUST READ AND SIGN THIS FORM. Parent or Guardian, please sign for any minors (under 18 years old)
If any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed from this contract. The remainder of this contract will then be construed as though the unenforceable provision had never been contained in this document.
Dated: March 29, 2020