TREASURE SEEKERS SHELL TOURS SAFETY & LIABILITY WAIVER ALL PASSENGERS MUST READ AND COMPLETE THIS FORM PRIOR TO LEAVING THE DOCK I understand that during my time and use of the Treasure Seekers Shell Tours, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in being a boat passenger and participating in related water activities. These inherent risks include, but are not limited to, the dangers of serious personal injury, death and property damage resulting from, but not limited to: (i) physical exertion and activities, (ii) contact with other boats, marine wildlife, rip currents, and other water hazards, (iii) slipping, tripping or falling, (iv) falling from heights or off the boat, (v) inappropriate, intoxicated and unsafe behavior of passengers, (vi) sudden illness, (vii) malfunctioning equipment, (viii) inclement weather, and (viii) other hazards associated with travel on a boat and recreational water activities. I fully understand that Treasure Seekers Shell Tours or its staff has not tried to contradict or minimize my understanding of these risks. I know that injuries, damage and death can occur by natural causes or activities of other people, users, staff or third parties, either as a result of negligence or because of other reasons. I appreciate that I may have to use extra care to reduce the risks when exposed to these hazards. I understand that no medical facilities or expertise are readily available to assist with injuries or conditions. In consideration for my acceptance as a passenger on Treasure Seekers Shell Tours, and the services and amenities provided, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING: RELEASE OF LIABILITY. I understand and agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, DEFEND, AND HOLD HARMLESS Treasure Seekers Shell Tours and its owners, vessel, employees, affiliates, agents, or assigns from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death, personal injury or damages related to my time and use of Treasure Seekers Shell Tours, even if caused by NEGLIGENCE. Such negligence could involve (a) negligent operation and supervision, (b) negligent maintenance or operation of the equipment or boat in general, (c) negligent manufacture or use of equipment to be used on the boat, (d) overconsumption of alcohol by passengers, and (e) the negligent facilitation or provions of emergency response services. I understand and intend this release to be as broad and inclusive as permitted by law, and to be binding upon my heirs, executors, administrators, and assigns. I am of lawful age and legally competent to sign this liability waiver, or I have obtained the written permission of my parent or guardian as evendence below. Photographic Release:
I consent to the use of any photographs or videos in which I may appear while on the Treasure Seekers Shell Tours, for use on Treasure Seekers Shell Tours' website, social media, or marketing materials, without compensation to me, with the understanding that Treasure Seekers Shell Tours will gladly grant my requrest to remove any photos or videos from their materials if I request that they do so. I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND VOLUNTARILY AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE. Today's Date: December 8, 2023 |