I acknowledge that I am choosing to participate in activities offered by Aqua Adventure Tours, Inc. (AAT) and that by signing this form I may be giving up substantial rights. I intend this form to be an unconditional release of liability to the greatest extent allowed by law. I agree that if any portion of this form is determined to be invalid, all other parts shall continue in full force and effect. Nothing in this document shall be construed to limit the willingness of AAT to identify reasonable accommodations, consistent with marine safety, that will allow disabled individuals to participate. Please read this document carefully to ensure that you understand what you are signing. 1) I assert that I understand English or have someone with me who can translate for me. 2) I AGREE to comply with all instructions provided by AAT personnel. 3) I WILL notify AAT in advance if I have a visual, hearing, or other condition that prevents me from following instructions. 4) I WILL notify AAT if I believe I will require assistance to step into or out of the boat, walk along the deck, stand or seat myself, or use the grab handles provided. 5) I AGREE to wear a life vest as directed by AAT. 6) I ASSERT THAT I AM NOT under the influence of alcoholic beverages or other substances, including those prescribed by a doctor, that may affect my ability to safely participate. 7) I AGREE I am responsibile to exercise reasonable care for my own safety and I agree to do so. 8) I UNDERSTAND that activities offered by AAT can involve high-speed turns, jumps and bumps and should not be attempted when pregnant or by those who have or are prone to head, neck, back, spine, skeletal or other pain or injuries. Participants should be in stable condition and consult with their doctor before participating. 9) I UNDERSTAND that some activities offered by AAT can take place in remote locations, isolated from rescue personnel by time and distance. 10) I AGREE that it is my responsibility to bring with me any medicine(s) necessary to control any serious illness or other condition with which I have been diagnosed. Examples include: heart disease, high blood pressure, epilepsy, vertigo, diabetes, asthma, severe anxiety and severe allergic reactions. 11) I AGREE that if I have been diagnosed with any condition that could be a danger to me or to others while onboard and I am participating alone, I will notify AAT of my condition prior to boarding. If you are participating in in-water activities, please read Paragraphs 12-15 carefully to ensure that you understand your responsibilities. 12) I UNDERSTAND that in-water activities require a greater level of physical exertion on my part. I assert that I am fit to safely participate. 13) I AGREE that I will exit the boat only as directed by AAT and I will only re-enter the boat using one of the dive ladders provided, unless otherwise instructed by AAT. I UNDERSTAND no diving is permitted. 14) I AGREE to participate in a safety briefing before entering the water. A variety of flotation devices will be provided by AAT. I agree to use such devices as needed or as directed by AAT. I AGREE to use the buddy system while swimming/snorkeling and I will not venture away on my own without approval from AAT. 15) I AGREE that I will alert AAT if I become distressed while participating in in-water activities. I acknowledge that this voluntary release, assumption of risk and waiver of liability, together with the AAT General Terms of Conveyance referenced herein, have been made available for my review, both online and onboard, and that I have had the opportunity to review these documents before signing. I understand that activities offered by AAT, may expose me to certain risks, dangers and hazards that exist in outdoor marine environments, including theft; property damage; illness; seasickness; allergic reactions; injuries due to slips, trips and falls; injuries resulting from marine wildlife encounters; injuries or other issues resulting from unforeseen circumstances, including perils of the sea. I understand that such risks, dangers and hazards can arise from many causes, including but not limited to: forces of nature; accidents; mistakes-in-judgment; breaches of contract; equipment failure, willful disregard and negligence of others, ownership, employees or agents of AAT, and participants. By signing below, I understand and agree that to the extent allowed by law, I am assuming all risk associated with my participation in activities offered by AAT. I further understand and agree to release, waive, discharge, hold harmless, defend and indemnify AAT, its owners, employees, agents, affiliates and assigns from all claims, actions or losses resulting from theft, damages, sickness, injury, disability or death related to my participation in such activities. I warrant that I am at least 18 years old and legally competent to sign this form, or I have obtained written permission of my parent / guardian as evidenced below. Dated: November 21, 2024 |