I do hereby affirm and acknowledge that I am fully aware of the inherent hazards and risks associated with Swimming, Snorkeling, Whale Watching, and Riding on a Boat. I fully understand that these risks can lead to severe injury and even loss of life. I understand that swimming, snorkeling, , whale watching, boating activities may be conducted at a site that is remote from competent medical assistance. Despite the potential hazards and dangers associated with the activity of swimming, snorkeling, whale watching, and boating I wish to proceed and I freely accept and expressly assume all risk, dangers and hazards that may arise from these activities which could result in personal injury, loss of life and property damage to me.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of being allowed to participate in Swimming, Snorkeling, Whale Watching, and Boating activities as well as the use of any of the facilities and the use of the equipment of Fair Wind, Inc., its’ employees or entities, I hereby agree as follows:
1. TO WAIVE AND RELEASE ANY AND ALL CLAIMS that I may have based upon negligence, active or passive with the exception of intentional, wanton or willful misconduct.
2. To release Fair Wind, Inc., their officers, directors, employees, representatives, agents and volunteers, from liability and responsibility, whatsoever, for any claims or causes of action that I, my estate, heirs executors or assigns may have for personal injury, property damage or wrongful death arising from Swimming, Snorkeling, Whale Watching and Boating activities whether caused by active or passive negligence. By executing this document, I agree to hold Fair Wind Inc. harmless for any injury or loss of life, which may occur to me during Swimming, Snorkeling, DPV usage, Whale Watching, and Boating activities.
3. If any provision of this release is found to be unenforceable or invalid, that provision shall be severed from this contract. The remainder of this contract will then be construed as though the unenforceable provision had never been contained in this document. I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf, and that my parent or legal guardian is in complete understanding and concurrence with this agreement.
I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, I AGREE TO BE BOUND BY IT.
Today's Date: August 19, 2022