To participate in a TOUR offered by Dolphin Encounters Ltd. dba Blue Lagoon Island (“DE”), each Participant or their legal Guardian (“Participant”), MUST sign this voluntary assumption of risk, release and liability waiver (“Waiver”), or such Participant shall not be allowed to participate in the TOUR. The term “TOUR” includes any of the following tours undertaken by Participant (individually and collectively “TOUR”): (1) Blue Lagoon Island tour, (2) Salt Cay Experience/Nassau City Walking tour, (3) Shark Encounter & Snorkel tour; (4) Beach Day tour; (5) Dolphin Swim tour; (6) Sea Lion Encounter tour; (7) Eco-Nature Walking tour; (8) Sip and Paint; (9) Beach Activities; (10) Inflatable Park; (11) Sting Ray Encounter; (12) VIP Swim; and (13) Royal Dolphin Swim, as well as any other tour or activity, any facility associated with a TOUR including docks, bars, shops, restrooms, showers, walking areas, etc., and transport to, from and/or within Blue Lagoon Island by vessel or other form of transport (collectively, “vessel”). The undersigned Participant, on his or her own behalf, or any persons claiming through them, hereby confirms voluntary assumption of all the risks associated in any way with a TOUR. Participant unconditionally and irrevocably releases, waives, indemnifies, discharges and holds harmless DE, its subsidiaries, successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, independent contractors (including any cruise line that sold the TOUR), officers, owners, directors, members and shareholders (“Released Parties”) from any and all liabilities, claims, demands, suits, actions, causes of action whatsoever, now or in the future, resulting from or due to any personal injury, including death, personal property damage (or any other damages) in connection with any acts or omissions by any Released Parties during or associated with a TOUR, including but not limited to negligence, misrepresentation, breach of warranty and/or breach of contract. All Participants must be 18-years or older in order to sign this Waiver. However, if any Participant is younger than 18-years of age, then their parent or legal guardian shall be required to and shall sign this Waiver; by so signing, the signor warrants and represents they are the legal parent or guardian of the minor. Participant understands, acknowledges and agrees that taking part in a TOUR involves land and water activities and/or marine animal interaction which can be HAZARDOUS WITH THE RISK OF PHYSICAL INJURY AND/OR DEATH, that the activity and/or interaction is inherently dangerous, and that such risks and dangers include, but are not limited to: ocean transportation to and/or from Blue Lagoon island; perils of the sea; currents and wakes; slippery vessel decks; collisions with watercraft and/or other objects; sinkings; drownings; weather conditions or events; coral and rocks; encounters with sharks, dolphins, stingrays, sea lions and marine life; shark attacks; bites, bumps and scrapes by sharks and/or marine life; lack of sufficient lifeguards or dive operators; equipment failure and/or defects; fire, explosions or falling; marine operator error or delay; negligence of others; exposed stones; irregular travel or walking surface; trees or other natural hazards; exposed holes; falling, hitting, bumping, breaking, scraping and cutting; public attraction; vehicle traffic; limited medical supplies or help; and food poisoning. Participant understands, acknowledges and agrees that the listed risks and dangers set out herein are not a complete list, and that participating in a TOUR may be dangerous and can include other risks not listed herein. Participant further understands and acknowledges that they will abide by and adhere to any DE tour guide safetly instructions. Participant acknowledges and agrees Released Parties shall not be liable under any circumstances for (a) emotional distress, mental suffering or psychological injury of any kind, or (b) any consequential, incidental, punitive or exemplary damages in connection with any TOUR. Participant acknowledges and agrees that DE has the absolute right to refuse his or her participation in any TOUR if it poses a risk to the health, safety and comfort of Participant or other participants, or if he or she fails to adhere to instructions on the TOUR, as well as any local laws and rules. Participant fully recognizes, understands and accepts that if they are injured, become ill, die or their property is lost or damaged, they are, on behalf of themself, their heirs, and any other person or entity who may claim by or through them, freely and expressly giving up any and all right to make any claim or file any associated lawsuit against Released Parties, even if they negligently, or by any other act or omission, cause such injury, illness, death, loss or damage. Participant agrees to hold free of liability, defend and indemnify the Released Parties, from any and all defense costs, including attorney’s fees on an indemnity basis or other relevant legal costs incurred in connection with claims for bodily injury, wrongful death, or property damage sustained by them, or which in the course of their participation in a TOUR they may have caused to other guests or third parties, whether negligent or not. Participant acknowledges there may be limited medical supplies or resources (including aboard a vessel) and that there could be delays in response time in the event of a medical issue or emergency, should appropriate medical assistance be requested. Further, Participant acknowledges and agrees Released Parties have made no implied or actual representation or statement that they will or can perform safe rescue (including ocean rescue) or render first aid. Note: COVID-19 is a contagious disease that can lead to severe illness and/or death (seniors and guests of all ages with underlying medical conditions could be at higher risk of severe illness). There is an inherent risk of exposure to COVID-19 in a TOUR; by participating in a TOUR, Participant voluntarily assumes ALL such risks. Participant certifies he/she has no medical or physical condition that could interfere with their health or safely by participating in a TOUR, and authorizes Released Parties to seek medical care or transport Participant to a medical facility or hospital if, in Released Parties’ opinion, medical attention is required or needed; Participant agrees to pay all fees and costs associated with such medical care and transportation. Participant expressly agrees to release, deem free of liability and discharge Released Parties from any act, omission or negligence relatring to any type of rescue or medical services. Participant understands DE and their employees routinely take photos during a TOUR, and grants permission to DE to create, capture and publish audio, visual and literary works, including videos, photographs, films and/or recordings of his or her appearance taken during a TOUR which may contain their likeness in any way. Participant acknowledges and agrees (1) this Waiver (and any rights, duties or obligations between parties to such Waiver), shall have been entered into in the Commonwealth of the Bahamas and shall be governed exclusively by the laws of the Commonwealth of the Bahamas, without regard to its choice of law principles; and (2) the courts of the Commonwealth of the Bahamas shall have sole and exclusive jurisdiction to determine any disputes or issues in relation to this Waiver, as well as any disputes or issues arising from a TOURor associated activities. Participant agrees to submit to venue in the Courts of The Commonwealth of The Bahamas if any action is commenced in connection with this Waiver and/or any dispute arising from a TOURor associated activities. Participant acknowledges and agrees (1) if he or she commences any action against Released Parties in a jurisdiction or venue other than the Commonwealth of the Bahamas for matters governed by this Waiver, it shall be a breach of this Waiver; and (2) to indemnify DE against all attorney’s fees and costs incurred to (a) enforce Participant’s promise to commence any action only in the Commonweath of the Bahamas, and/or (b) defend the action in any foreign jurisdiction, regardless of outcome. Participant acknowledges and agrees this Waiver shall be effective and binding upon their heirs, next of kin, executors, administrators, assigns and representatives in the event of their death or incapacity. Participant acknowledges and agrees that no suit shall be maintainable against Released Parties for personal injury, illness, death or loss and damage to property, unless written notice of the claim with particulars is addressed to and received by DE within six (6) months from the date of death or loss or damage to property (or onset of injury or illness); and that in no event shall suit be filed more than one (1) year from the date of death, loss or damage to property (or onset of injury or illness). Participant acknowledges this Waiver document constitutes the final and entire agreement between him/her and Released Parties for matters set out herein and supersedes and extinguishes all previous agreements, licences, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. NOTE: Participant acknowledges he or she has had an opportunity to carefully read this Waiver in its entirety, understands it is a valid and binding agreement, agrees to be bound by its terms, and confirms he or she has signed this Waiver of their own free will and provided accurate information and signed in the appropriate places.
Date: March 25, 2025 |
