INDEMNITY, WAIVER AND RELEASE OF LIABILITY AGREEMENT
For the purpose of inducing the Tour Provider (as defined below) to take me on the tour that I have purchased from the Tour Provider (the “Tour”), I covenant, acknowledge and agree as follows:
I acknowledge that the Tour is conducted on and over nonexclusive areas of water, and that there are significant risks inherent in the Tour. These risks may include, but are not limited to: (a) mechanical breakdown of the Tour vehicle(s); (b) becoming stranded; (c) being subjected to physical exertion and a very harsh climate; and (d) encounters with marine wildlife. I further understand and acknowledge that: (e) the behavior of marine wildlife in their natural environment cannot be predicted or controlled, nor can weather conditions; (f) interference, loss, obstruction, or damage caused by third parties, including aircraft, watercraft, or other hazards to navigation. I acknowledge that I am solely responsible for ensuring that I arrive and depart from the starting point of the Tour at times that permit my participation in the Tour.
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by the Tour Provider, St. Thomas Cycleboat, LLC. *(FOR PURPOSES OF THIS WAIVER AND RELEASE, THE TERM “ST. THOMAS CYCLEBOAT” INCLUDES ALL EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, INSURERS AND SUBSIDIARIES OF ST. THOMAS CYCLEBOAT). If any other agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children and users of said rental equipment. Renter agrees that he/she will disclose to St. Thomas Cycleboat all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify St. Thomas Cycleboat of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF ST. THOMAS CYCLEBOAT. Initials:___________
II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by St. Thomas Cycleboat at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the tour, rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, EVEN IF THE RISKS ARISE OUT OF THE NEGLIGENCE OR FAULT OF ST. THOMAS CYCLEBOAT. Initials:__________
III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that St. Thomas Cycleboat shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the tour, rental, operation, or use of equipment provided by St. Thomas Cycleboat. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that St. Thomas Cycleboat shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that ST. THOMAS CYCLEBOAT SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY ST. THOMAS CYCLEBOAT, whether such negligence is present at the signing of this Release or takes place in the future. Initials:_________
IV. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless St. Thomas Cycleboat for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by St. Thomas Cycleboat, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF ST. THOMAS CYCLEBOAT. Initials:___________
V. ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from St. Thomas Cycleboat with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. THE UNDERSIGNED FURTHER WARRANTS THAT HE/SHE IS FULLY AWARE THAT HE/SHE IS WAIVING ANY RIGHT HE/SHE MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST ST. THOMAS CYCLEBOAT FOR ST. THOMAS CYCLEBOAT’S NEGLIGENCE. Initials:______________
THE UNDERSIGNED AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND ST. THOMAS CYCLEBOAT IN ANY MATTER AND FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEY’S FEES ARISING OUT OF AND/OR RELATING TO THE RENTAL, OPERATION AND USE OF ALL EQUIPMENT PROVIDED BY ST. THOMAS CYCLEBOAT INCLUDING BY NOT LIMITED TO ANY NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL ACT OR OMISSION OF ST. THOMAS CYCLEBOAT.
THIS WAIVER SHALL BE GOVERNED BY THE LAWS OF THE U.S. VIRGIN ISLANDS AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN. I HEREBY IRREVOCABLY ATTORN TO THE JURISDICTION OF THE COURTS OF THE U.S. VIRGIN ISLANDS IN RESPECT OF ANY MATTER ARISING IN CONNECTION WITH THIS WAIVER. I ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT, AND UNDERSTAND ALL
OF THE PROVISIONS CONTAINED IN IT. I AM SIGNING THIS DOCUMENT FREELY AND WITHOUT DURESS, AND INTEND IT TO BE A DOCUMENT SIGNED, SEALED AND DELIVERED BY ME UNDER MY HAND AND SEAL.
***READ RELEASE BEFORE SIGNING***
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OPERATOR/PASSENGER OPERATOR/PASSENGER OPERATOR/PASSENGER