This is a RELEASE of your rights to sue Shipwreck Explorers LLC , Jitka Hanakova, respective officers, directors, employees, owners, members, crew members, managers, affiliates, agents, representatives, attorneys, heirs, personal representatives, successors and assigns or boats whether owned, operated, or chartered (hereinafter "Released Parties") for personal injuries or wrongful death that may occur during the forthcoming boating activities as a result of the negligence of the released parties.
1. I wish to participate as a passenger on the charter boat ride being operated by Shipwreck Explorers, LLC (the "Boat Ride"), and I acknowledge that my participation in the Boat Ride is completely voluntary.
2. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, including, but not limited to equipment failure, perils of the sea, harm caused by other vessels, acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks.
3. I fully assume responsibility for my own safety (including, without limitation, following all directions of the boat's captain and Released Parties) while participating in the Boat Ride.
4. I affirm that I am in a good mental and physical fitness for participating in the Boat Ride, and that I am not under the influence of any drugs that are contradictory to the Boat Ride participation. If I am taking medication(s), I affirm that I have seen a physician and have an approval to participate in the Boat Ride under the influence of the medication(s) or drug(s).
5. I fully understand that the involved boat has limited medical facilities and that in the event of illness or injury appropriate medical 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.
6. No person associated with Shipwreck Explorers, LLC / Released Parties has made any express or implied representation to me that they or the boat's 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 any person or entity responsible for their actions in attempting the performance or rescue or first aid.
7. I authorize Shipwreck Explorers, LLC to use any own photographs, personal narrative, interviews, or audio and video recording of my participation in the Boat Ride for any and all purposes.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects,and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.
8. Shipwreck Explorers LLC cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while utilizing Shipwreck Explorers LLC services or Molly V boat. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Shipwreck Explorer’s services and/or enter onto Shipwreck Explorers LLC's Molly V boat you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
9. ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself in order to utilize Shipwreck Explorers LLC’s services and enter Shipwreck Explorers LLC's Molly V boat. These services are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Shipwreck Explorers LLC’s services and premises in person.
10. WAIVER OF LAWSUIT/LIABILITY: Having read this wavier, I agree to RELEASEfrom LIABILITYand HOLD HARMLESS Shipwreck Explorers, LLC, along with its respective officers, directors, employees, owners, members, crew members, managers, affiliates, agents, representatives, attorneys, heirs, personal representatives, successors and assigns, all individuals associated with the Boat Ride, and all individuals and entities having an interest in the boat being used for the Boat Ride, from any and all liability, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind or character, of any type or nature whatsoever (including negligence), arising out of the Boat Ride or in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Shipwreck Explorers LLC’s services and premises.
11. I certify that I have read this document and agree with its contents.
July 14, 2020