In consideration of the services of Wild Blue Pacific Inc dba Blue Ocean Kayaking and Wild Blue Adventures, their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “WBP”) I (including my minor children hereinafter collectively referred to as “I”) agree as follows:
Although WBP has taken reasonable steps to provide me with appropriate equipment and skilled guides (when applicable) so I can enjoy an activity for which I may not be skilled, WBP has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. WBP does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks.
These may include but are not limited to: serious personal injury, death or property loss from situations such as capsizing in/on a kayak or other paddle craft, collision with a boat, other paddle craft, docks, rocks, or beach. Other risks could include being trapped in a sea cave, hit by a wave, immersed in water, hypothermia, exposure to dangerous marine and terrestrial life, exposure to pollution, bacteria, abrasions from barnacle, mussels, and sharp volcanic rocks, and other unhealthful conditions. Other risks include transportation to and from activities in a vessel or various other means of transportation.
I am aware that sea kayaking, stand-up paddle boarding, snorkeling entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of WBP has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
COVID-19 Acknowledgment of risks and rules associated with COVID-19
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable.
All participants of Wild Blue Adventures assume all risks related to exposure to COVID-19.
All guests will be temperature screened at the check-in while mainting 10 foot distancing. Any guest with a temperature over 100.4 will be asked to return home. WBP has taken necessary steps to maintain social distancing while onboard the Sunfish and during check-in and while kayaking, however the risk of contracting the virus still does exist. WBP requires masks to be worn at all times while onboard the Sunfish and when social distancing is not possible. If you are not feeling well, stay home.
- Guests agree to stay home if they are sick and/or have been in close contact with someone who has tested positive for COVID-19 within 14 days of your trip departure date.
- Guests consent to not participating on a WBA experience while currently in isolation or quarantine that was issued by a health professional or at your workplace.
- All guests agree to wearing a face covering while onboard the Sunfish (masks are not required while kayaking) and to maintain social distancing whenever possible.
- Guests consent to a pre-trip temperature screening at check-in.
Acknowledgement of Water Immersion
You are going on a kayaking adventure with guides and must be comfortable in the water. We are not looking for olympic swimmers, but the chance exists that you will capsise from your kayak in a cave or out in open water at any time during your trip. Due to this chance, you must be comfortable being in deep and moving water.
I acknowledge that I know how to swim and I am comfortable being in water over my head.
I accept full responsibility for my own safety and EXPRESSLY ASSUME ALL RISKS OF HARM, whether foreseen or unforeseen, and whether occurring while participating in WBP activities, or while sea kayaking, snorkeling, stand-up paddle boarding, surfing, hiking, and snorkeling anywhere, or at any time.
I hereby RELEASE and agree to INDEMNIFY AND HOLD HARMLESS WBP, its shareholders, officers, employees, agents, instructors, patrons and participants, equipment manufacturers, and insurers (hereinafter collectively referred to as “Parties Released”), from and against any liability, demand, claim or right of action for any damage or injury, including paralysis or death, to any person or property, even if such damage or personal injury results from the intentional or unintentional acts of WBP or other Parties Released, I further COVENANT NOT TO SUE or make any demand or claim against the Company or other Parties Released, for or by reason of any such damage or personal injury from my participation in the activities with WBP, or anywhere, at any time. I will pay all fees, damages, and costs, including attorney’s fees, WBP or other Parties Released may incur in the enforcement of this agreement.
I understand that this RELEASE and INDEMNIFICATION is specific to me and any minor that is in my care. I understand that I AM NOT AUTHORIZED TO SHARE ANY EQUIPEMENT WITH ANY INDIVIDUAL WHO HAS NOT SIGNED THIS RELEASE. In the event that I do share or provide equipment of WBP to an individual who has not signed this RELEASE, that I shall also be responsible to INDEMNIFY AND HOLD HARMLESS WBP from any demand, claim, right of action or suit that may be brought against WBP by any person who uses or attempts to use the equipment that I am renting, anywhere, at any time. I will pay all fees, damages and costs, including attorney’s fees, WBP or other Parties Released may incur in the enforcement of this agreement.
I understand that the WBP reserves the right to take photographic or film records (of whatsoever nature) of any or all of its activities or trips and on behalf of myself and any of the minors for which I am responsible I hereby agree that WBP may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by WBP. If I do not agree to this clause I will make this clear when I am on the tour so that no pictures or videos are taken with my likeness.
If I am a PARENT or GUARDIAN of any minor person under 18 years of age participating in activities sponsored by WBP, I make these representations and agree to the terms of the VISITOR’S ACKNOWLEDGEMENT OF RISKS Agreement on behalf of each minor, as well as myself, and I agree to assume responsibility for their safety. I further agree to INDEMNIFY AND HOLD HARMLESS WBP, and the other parties released, from and against any demand, claim, right of action or suit that may be brought on behalf of any such minor arising from the activities with WBP, or anywhere, at any time. I will pay all fees, damages and costs, including attorney’s fees, WBP or other parties released may incur in the enforcement of this agreement.
I am physically fit and know of no medical or health reason why I should not participate in this activity. I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative and estate and for all members of my family, including minor children.
Today's Date: November 26, 2020