Waiver of Liability I UNDERSTAND that there are inherent risks involved with CHARTERING / BAREBOATING/ SNORKELING / DIVING / WATER TOYS / TUBING, ETC., including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions. I FULLY UNDERSTAND THAT: (a) BOAT OPERATION AND PERSONAL WATERCRAFT AND RIDING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inaction's, the actions or inaction's of others participating in the activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" ON BOARD; (c) there may be OTHER RISK AND SOCIAL AND ECOOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity, and I HEREBY ASSUME SUCH RISKS. I agree and understand that if I cause damage or make a mess that require additional cleaning, I will be billed for repairs and/or additional cleaning fees of $100. (ie. Upholstery tears, carpet stains, bodily fluids.) I further understand this is a smoke free/drug free boat.
I UNDERSTAND THAT I HAVE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I assert that I am physically fit to ride on a boat and I will not hold the vessel “Bella” and/or Bella Boat/Bella Marine, LLC./Linda & Rob Kessler or their employees, agents or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while chartering the boat or otherwise participating in the trip. I agree, if I chose to drink alcohol, to drink responsibly and to drink at my own risk. I will not drink then drive a vehicle.
I fully understand that the vessel “Bella” has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. Bella Boat/Bella Marine, LLC./Kessler’s and vessel “Bella”, have made no representations to me, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold Bella Boat/Kessler’s or vessel “Bella”, their crew or passengers responsible for their actions in attempting the performance or rescue of first aid.
I agree to forever discharge and release Bella Marine, LLC./Bella Boat/Kessler’s, vessel “Bella”, its employees and agents, and affiliates, from any and all responsibility or liability for any and all injuries or damages. I agree NOT to make a claim against or sue any of the above parties for injuries or damages whether they arise or result from any NEGLIGENCE or other liability, EVEN IN CASES OF GROSS NEGLIGENCE. I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur as a consequence of my participation in any activities with or involving the released parties.
I agree to forever discharge and release Bella Marine, LLC./Bella Boat/Kessler’s, vessel “Bella”, its employees and agents, and affiliates, from any and all responsibility or liability for any and all injuries or damages due to any sickness including Corona Viruses, COVID-19 and any other ailment that I may have or incur. Furthermore, I agree, I do not have a fever and I have not been out of the country in the past 14 days.
Photographs, Videos and Recordings: I hereby grant permission to Bella Marine, LLC./Bella Boating/Kessler’s, vessel “Bella”, and its representatives to take photographs or video of me while on the vessel. I further grant their representatives the right to reproduce, use, exhibit, display, and distribute and create derivative works of these images and recordings in any media now known or later developed.
I understand that if I drink alcohol, I must drink responsibly. I understand that being on the water increases the feeling of alcohol effects. I agree that if I vomit, there is a $150 charge per instance and it will be billed to the client who booked the charter.
I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.
August 13, 2020