In order to participate in any activity, each Participant or Legal Guardian of the Participant, must sign the release and liability waiver.
1. Definitions: All guests on Blue Lagoon Island participating in any activity shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. The “Released Parties” means Dolphin Encounters Limited/ Blue Lagoon Island or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means transportation to and all activities on Blue Lagoon Island including but not limited to the beach day, aqua park, water rentals, Segway, nature tour, animal programs, entertainment.
2. Risks of Activity: The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/ OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include but not limited to: water flow; currents; wakes; drowning; collisions with other participants, watercraft and other manmade natural objects; weather conditions; exposure to elements; slips and fall; equipment failure and or defeats; marine or operator error, and negligence of others. The Undersigned acknowledge and understand that the description of the risk listed above IS not complete and the participating in the Activity may be dangerous and may include other risks currently known and unknown.
3. Release, Indemnification, and Assumption of Risk: In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:
a. Release: The Undersigned hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any legal action against the Released Party with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participation in the Activity, including, but not limited to claims of negligence, breach of warranty and/ or breach of contract.
b. Indemnification The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the Undersigned shall survive the period of the Participants participation in the Activity.
c. Assumption of Risk The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and the INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. The Undersign agree and understand that Blue Lagoon Island, “the Island”, has associated risk such as coral, rocks and lack of lifeguards in certain areas of island. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while on the island and participating in the Activity. RECOGNIZING THE RISK AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ISLAND AND THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO BE ON THE ISLAND AND PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
We have taken enhanced health and safety measures ‑ for you, our other Guests, and our team. You must follow all posted instructions while visiting Blue Lagoon Island. 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.
Senior citizens and guests of all ages with underlying medical conditions could be at higher risk of severe illness from COVID-19.
By visiting Blue Lagoon Island you voluntarily assume all risks related to exposure to COVID-19.
d. Use of equipment DEL permitting me (us) to participate in recreational facilities and use sporting equipment of DEL the undersigned hereby represents and warrants to DEL that he/she has the individual athletic ability of skills which may be required to participate in the sporting or recreational activity related to the use and/or operation of the equipment, facilities or services selected. Have prior experience and/or knowledge of the use and/or operation of the equipment, facilities, or services being provided by DEL for their safe use and/or operation.
e. Use of Segway I acknowledge that riding the Segway PT device entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to me, property, or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: vehicular traffic, weather conditions, exposed stones, irregular travel surface, earth, ice, trees or other natural objects, exposed holes, impact or collision with other machines, failure to operate the machine in a safe fashion, negligence of others, public attraction, falling, crashing, hitting, bumping, breaking, scraping, cutting & others. I understand that the helmet is provided for my safety and I agree to wear the helmet and have it fastened at all times when operating the PT. I further agree that I shall not allow any other person to use, operate or ride upon the PT. I agree to ride single file with adequate space between PTs for safety purposes. I agree I will not take photos or video while operating the PT. I understand and agree that I will not step on or off the PT without assistance from the DEL staff. I agree to cease operation of the PT immediately if I do not understand the instruction on the proper operation of the PT provided by the DEL staff or if I am concerned in any way about the device operation, my abilities to operate it safely, or a malfunction or damage to the PT. I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I have waived my right to initiate or maintain a lawsuit against Released Parties on the basis of any claim from which I have released them from herein. I certify that I weigh between 100 and 250 pounds and am at least 12 years old, and not pregnant, which is in compliance with the Released Party’s rider weight and age guidelines. I certify that I have adequate insurance to cover any personal injury, property or Segway PT damage that I may cause, or suffer, while participating, or else I agree, that I or those that I represent, shall bear the costs of such injury or damage directly. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. PLEASE BE ADVISED THAT YOU ARE FINANCIALLY RESPONSIBLE FOR ANY SIGNIFICANT SEGWAY PT DAMAGE THAT MAY OCCUR DURING YOUR TOUR.
4. Minor Acknowledgement In case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor.
5. Medical Care Undersigned authorize the Released Parties and/or authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.
6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, status, regulations and ordinances; (b) the Undersigned hereby remits, releases, acquits, satisfies and forever discharges DEL from all and any manner of action and actions, cause or causes of action, damages, sums of money, judgement, claims, costs, attorney fees, expenses, court costs, and any demand whatsoever, in law of in equity, which the undersigned, his/her executor, executrix personal representatives or heirs, has or may have by reason of the participation, operations, and/or use of the equipment, facilities, services or food/beverage of DEL or anyone of them which results in personal injury, poisoning, death or property damage, caused by the negligence of DEL, furthermore the undersigned as an inducement of DEL to permit the undersigned to use and/or operation of DEL's equipment, services and facilities and/or to participate in the sporting and/or recreational facilities selected does hereby agree to indemnify and hold DEL harmless from any and all damages, claims, actions, causes of action, suits, costs, expenses, attorney fees, court fees for personal injury, death or property damage incurred or sustained by any person as a result of using and/or operating DEL's equipment, facilities or services, or participating in any sporting or recreational activities, including but not limited to, personal injury, death or property damage caused by the neglect of DEL. Any and all disputes, liability claims, etc. are subject to the laws of the Commonwealth of the Bahamas. I agree that I have carefully read this waiver and fully understands and agree with the terms of the waiver-and-release, provided all accurate and necessary information and signed in the appropriate places. DEL routinely takes photos during its tours which show the participants experiencing the tours. I give DEL my permission to publish said photos, which may contain my likeness, in any way for the purpose of promoting DEL.
Date: January 29, 2023