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ELEVEN

BAHAMA WATERCRAFT ACTIVITIES WAIVER

RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS. 

1 . Definitions. The person who is participating in the Activity as defined in this paragraph shall be referred to hereinafter as “Participant.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean Bahamas Lodge Limited, Irwin Backcountry Guides LLC, Silver Sides LLC, Silver Sides Holdings LLC, Mangrove Cay Limited, Bahama Lodge LLC, and CS Irwin LLC and their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, shareholders, contractors and sub-contractors. “Bahama Watercraft Activities” The “Activity” means any and all activity and excursion offered or arranged by the Released Parties, including, but not limited to, water sports of all kinds, inclusive of boating, fishing, snorkeling, paddle boarding, swimming and kayaking, biking, cliff jumping, caving, and hiking; and and/or using the equipment, property, premises and facilities of the Released Parties for any purpose, whether associated directly or indirectly with the activity.

2. Risks of Activity. The Undersigned and the Participant agree and understand that taking part in the Activity can be HAZARDOUS AND CAN INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned and the Participant acknowledge that the Activity is inherently dangerous and fully realize all of the inherent and obvious dangers of participating in the Activity. The Undersigned and the Participant acknowledge that the risks and dangers of the activity include, but are not limited to, the following (which is not intended to be an exhaustive list): equipment malfunctions, failures and defects; speed; man-made and natural obstacles and/or obstructions; wild life; falling objects; encounters with motor vehicles; bicycles; variations in terrain; surface and sub surface conditions; timber; forest growth; rocks; poor footing; becoming lost or separated; lack of shelter; weather; hypothermia; lack of training and supervision; changing water conditions; hidden underwater obstacles; currents; tides; drowning; exposure; overturning; improper use of equipment; entrapment; dehydration; sunburn; collisions and impacts; propellers; driving to and from the Activity site; distress from exposure to any one of the above; and negligence of others.

THE UNDERSIGNED AND THE PARTICIPANT ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS NOT DESCRIBED IN THIS WAIVER.

THE UNDERSIGNED AND THE PARTICIPANT ACKNOWLEDGE THAT THIS WAIVER AMOUNTS TO A FORMAL WARNING THAT THEY MUST EXERCISE EXTREME CARE AND CAUTION WHEN ENGAGING IN THE ACTIVITY.

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in ` the Activity, the Undersigned and the Participant agree as follows:

(a) Release.THE UNDERSIGNED AND THE PARTICIPANT HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned and/or the Participant, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, misrepresentation, breach of warranty, and/or breach of contract.

(b) Indemnification. The Undersigned and the Participant hereby agree to fully indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any and all suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, the Participant’s participation in the Activity. Such obligation on the part of the Undersigned and the Participant shall survive the period of the Participant’s participation in the Activity and shall enure to the benefit of the Released Parties from the date of the due execution of this Waiver.

(c) Assumption of Risk. The Undersigned and the Participant agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned and the Participant recognize that property loss, injury (of any kind) and death are all possible while participating in the Activity and/or as a result of the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED AND THE PARTICIPANT UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR THE PARTICIPANT TO PARTICIPATE IN AND HEREBY EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

(d) Physical/Medical Condition: The Undersigned and the Participant acknowledge that they are in good physical condition and do not know of any condition or reason that they should not participate in Bahama Watercraft Activities. The Undersigned and the Participant further acknowledge that they alone have the right to disclose to the Released Parties of any medical condition and that any failure on their part to disclose and to engage in the Activity serves as an assumption of all RISKS associated with the Activity.

(e) Insurance: The Undersigned and the Participant understand and agree that they are responsible for his/her own insurance coverage to cover expenses for Health, Medical and Property and they hereby release Silver Sides LLC] the Released Parties from any and all financial responsibility with respect to any Participant’s participation in the Activity.

(f) Property: The Undersigned and the Participant freely assume ALL responsibility for any risk of loss or any lost or stolen property and damages that may occur by themselves or others, or any loss or damage to property owned by Released Parties as a result of the Undersigned’s action.

4. No Third-Party Liability. The Released Parties may arrange travel, lodging, activities and/or excursions which are not directly supplied or offered by them. The Released Parties maintain no control over the third-parties that supply or offer such travel, lodging, activities and/or excursions. The Undersigned and the Participant agree that the Released Parties shall not be liable for any loss caused by such third-parties, including losses caused by the breach of contract, breach of warranty, or negligence of such third-parties that supply or offer travel, lodging, activities and/or excursions to the Participant and/or the Undersigned.

5. Minor Acknowledgment. In the case of a minor Participant, the Undersigned as parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned’s parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, the Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

6. Miscellaneous. The Undersigned and the Participant further agree and understand: (a) the Participant shall comply with all applicable laws, statutes, regulations and ordinances, including those governing the Sale, Purchase, and Consumption of Liquor, Wine, Beer, and all other Alcohol Beverages; (b) this Agreement shall be governed by the laws of The Commonwealth of The Bahamas and that jurisdiction shall be the exclusive jurisdiction and venue for any and all claims arising out of this Agreement. The Undersigned and the Participant expressly agree and consent to the exclusive jurisdiction of the said courts in the Commonwealth of The Bahamas; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned and the Participant understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned and the Participant that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned and the Participant; and (e) the Undersigned and the Participant hereby grant unto the Released Parties the absolute and irrevocable worldwide right, license and permission, without any additional cost, to use the Participant’s name, likeness, image, voice, and audio footage or film (collectively referred to as “Media”) obtained during the Participant’s participation in the Activity. The Undersigned hereby agrees that all right, title, interest and ownership, including copyright, in and to any tangible work in any Media containing the Participant’s image so obtained shall be owned exclusively by the Released Parties. The Undersigned and the Participant understand and agree that as owner of any such Media, the Released Parties shall have the exclusive right to exercise all rights granted under copyright protection relative to the Media. Finally, the Undersigned releases the Released Parties from any and all claims and demands arising out of or in connection with the use of such Media.

EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION IN CONNECTION WITH THIS WAIVER OR ANY TRANSACTION CONTEMPLATED BY THIS WAIVER. THIS WAIVER MAY BE FILED AS A WRITTEN CONSENT TO TRIAL BY COURT.

I HAVE CAREFULLY READ THE FOREGOING WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

May 9, 2025

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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