This document outlines your conditions of participation and waives the liability of the Audubon Commission, Audubon Aquarium of the Americas and Audubon Nature Institute and all its subsidiary and affiliated companies (collectively “Audubon”).
THIS IS A LEGALLY BINDING DOCUMENT, READ THIS CAREFULLY.
YOUR SIGNATURE CONSTITUTES CONSENT AND AGREEMENT.
Conditions of participation:
- I desire to participate in a program that involves aquatic activities, such as snorkeling and skin diving. It will also involve interactions with live animals and physical contact with live animals’ dietary and enrichment items.
- Guests with allergic sensitivities to marine animals should be aware that this is a simulated ocean environment; you may come in contact with dietary items including finfish and shellfish.
- Participants must be ages 8 and up. Anyone under the age of 18 must be with a fully paid, participating parent/guardian.
- I understand that if I am under the influence of alcohol or any type of controlled substance, I will forfeit my right to participate in the program and will not receive a refund of any fees I have paid.
- I consent to the use of my likeness in photographic, digital or electronic media by Audubon.
- No food or drink is allowed in the program area.
- Guests will be granted permission to take personal photos and videos during the program when deemed appropriate by Aquarium staff. Cell phone use may be restricted.
- Exit the program when instructed to do so.
- Failure to comply with these conditions will result in my removal from the program.
I understand that Audubon reserves the right to cancel the Maya Snorkel Adventure program at any time. I also understand that I will be removed from the program for failure to comply with established rules and guidelines as set forth here and as communicated by Aquarium staff. I also understand that Audubon reserves the right to decline to accept any person for participation in the program and to terminate the participation in the program at any point before completion, as circumstances demand. By signing below, I acknowledge that I have read the above rules and conditions and agree to follow them.
Release and waiver of liability
I, the undersigned participant, in consideration of being permitted to participate in the Maya Snorkel Adventure program (“the Program”) of Audubon, acknowledge and agree that:
Assumption of risk; release. I am participating in the Program voluntarily. I understand that the Program includes activities beyond Audubon’s control. I am aware that skin diving/snorkeling and aquatic activities can be hazardous and involve risks which may lead to serious injury. I assume all risks of participating in the Program and I understand that such risks could be considerable. I, for myself and my heirs, personal representatives, assigns and next-of-kin, hereby voluntarily release and forever discharge Audubon, all of its affiliates, successors and assigns, and all of the directors, officers, employees, volunteers, agents and representatives of Audubon and the other before-mentioned entities (the “Releasees”), from any and all claims, damages, costs (including reasonable attorneys’ fees), and other liabilities (“losses”), including without limitation, losses arising from or related to any injury to me, my child, or child whose care is legally entrusted to me, or my property, or any other person or their property, whether caused by the negligence of Releasees or otherwise.
Hold harmless.The undersigned, for him/herself, his/her heirs, executors, administrators or assigns agrees that in the event any claim for personal injury, property damage or wrongful death shall be prosecuted against Audubon relating to the voluntary participation in the Program. I agree to hold harmless the same Audubon from any and all losses, claims or causes of action by whomever or wherever made or presented for personal injuries, property damage, or wrongful death which any of them may sustain by reason of my participation in the Program.
Indemnity. I agree to indemnify Releasees from and against any and all Losses (including without limitation, any and all damages inflicted by me upon any facilities or vehicles used in the Program) which any of them may sustain by reason of my participation in the Program.
Personal health. I understand that past or present medical conditions may be contraindicative to my participation in the Program. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have a history of seizures, dizziness, or fainting, or a history of heart condition (e.g. Cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems such as emphysema or tuberculosis. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.
I certify that I am sufficiently physically fit to participate in the Program. I understand it is my responsibility to inform Audubon if I have any medical condition that may interfere with the ability to abide by the requirements of the Program.
Cancellation/termination and rules. I agree that Audubon and its Staff reserve the right to (i) alter the Program itinerary and arrangements for any reason whatsoever, and/or (ii) cancel or terminate the Program for any reason whatsoever. I agree to follow all rules of behavior deemed appropriate by the Aquarium Staff and to not exceed limits established by Audubon. I agree that Audubon and its Staff reserve the right to require me to withdraw from the program at any time if I violate such rules or limits, or when such action is determined by Audubon to be in the best interests of the health, safety, and general welfare of the animals and/or other Program participants. I understand that if I withdraw from the Program, I will be sent home at my own expense.
Applicable law. I agree that this release and waiver agreement (this “Agreement”) shall be construed and governed by Louisiana law without regard to any rules relating to conflicts of laws. I further agree that any lawsuit, claim or other legal proceeding related to the Program or this Agreement must be brought exclusively in the federal or state courts located in New Orleans, Louisiana, and I hereby submit to personal jurisdiction in the state of Louisiana and to venue in such courts.
Miscellaneous terms.This Agreement contains the entire agreement regarding any and all losses arising from or related to my participation in the Program. I waive any right to a trial by a jury with regard to claims arising out of my participation in the Program. This release shall be construed as a whole according to its fair meaning, and not strictly for or against either of the parties. I agree that this Agreement is intended to be as broad and inclusive as permitted by applicable law and that if any portion of the Agreement is held invalid or unenforceable by a court of competent jurisdiction, the balance of the Agreement will continue in full legal force and effect.
Acknowledgement. By signing below, I certify that I (i) have read this Agreement in its entirety and understand all of its terms and conditions, (ii) have had the opportunity to consult with any advisors of my choice regarding this Agreement, and (iii) am entering into this Agreement by my own free will, without coercion from any source.
Today's Date: September 29, 2022