GENERAL LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK FOR SNORKELING TOURS YOU MUST BE 18 YEARS OR OLDER TO FILL OUT THIS FORM, PLEASE READ CAREFULLY I HEREBY AFFIRM THAT I HAVE/WILL BE ADVISED AND THOROUGHLY INFORMED OF THE INHERENT HAZARDS OF SNORKELING ACTIVITIES. FURTHER I UNDERSTAND THAT SNORKELING INVOLVES RISKS INCLUDING MARINE LIFE,INJURIES,DROWNING,SLIPPING AND OR FALLING ON EITHER A VESSEL OR ENTRY POINT OF VESSEL, POSSIBLE HAZARDS FROM OTHER WATERCRAFT OR VESSELS IN OR ABOUT THE AREA YOU SHALL BE IN OR ON THE WATER, OTHER TRAUMA MAY INCLUDE EAR OR MASK SQUEEZES. SUCH INJURIES CAN OCCUR THAT MAY REQUIRE MEDICAL TREATMENT. I UNDERSTAND THAT SNORKELING ACTIVITIES IN SPITE OF THE ABSENCE OF A MEDICAL FACILITY IN PROXIMITY TO THE SNORKELING AREA YOU MAY BE IN. I Agree I UNDERSTAND AND AGREE THAT NEITHER GENE PARKER, Monkey Island Adventures or any of their crew or Captains SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY INJURY, DEATH OF YOU , YOUR FAMILY AND FRIENDS NOR. HEIRS THAT MAY RESULT FROM SNORKELING PARTICIPATION OR ACTIVITY AS A RESULT IN NEGLIGENCE OF ANY PARTY, INCLUDING THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I Agree IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN THIS ACTIVITY I ASSUME ALL RISKS THAT MAY BEFALL MYSELF, FAMILY OR FRIENDS WHILE PARTICIPATING FORESEEN OR. UNFORESEEN. I UNDERSTAND THAT MANATEES ARE WILD FREE ROAMING ANIMALS THERE IS NO GUARANTEE I WILL SEE, TOUCH OR OTHERWISE INTERACT WITH MANATEES, NO REFUNDS WILL BE GIVEN ISSUED OR IMPLIED. I Agree I AGREE TO SAVE, DEFEND, INDEMNIFY, AND HOLD HARMLESS GENE PARKER FROM ANY CLAIM OR LAWSUIT FROM MYSELF, OR OTHERS ON MY BEHALF, DIRECTLY NOR INDIRECTLY. INCLUDING GROUNDLESS, FALSE OR FRAUDULENT. I Agree I ALSO UNDERSTAND THAT SNORKELING AND MERMAID ACTIVITIES ARE PHYSICALLY STRENUOUS, THAT I WILL BE EXERTING MYSELF DURING THIS ACTIVITY. I EXPRESSLY ASSUME THE RISK OF ANY INJURIES THAT SHALL RESULT. I ALSO AGREE TO THE TERMS AND CONDITIONS OF PAID MONIES AND CANCELLATIONS OF CHARTER/SNORKELING TOURS. MONIES OWED FOR SAID CHARTERS WILL BE PAID BEFORE BOARDING AND A 3.5% CONVENIENCE FEE WILL BE APPLIED TO ALL CC TRANSACTIONS IF NOT PAYING BALANCE BY CASH. I AGREE THAT THIS FEE IS TO HELP OFFSET THE CHARGES IMPOSED BY CREDIT CARD COMPANIES TO THE VENDERS. I Agree I AM RESPONSIBLE FOR ALL GEAR SUPPLIED TO MYSELF AND MINORS LISTED AT THE BOTTOM OF THIS RELEASE FOR THE RETURN OF SUCH ITEMS IN PROPER WORKING ORDER. IF ITEMS ARE NOT RETURNED I AM FINANCIALLY RESPONSIBLE FOR SAID ITEMS ISSUED TO OUR. PARTY. I AGREE TO PAYMENT TO BE PAID IN FULL UPON RETURN FROM ACTIVITY. INCLUDING BUT NOT LIMITED TO: MASK, SNORKEL, WET SUITS AND ANY PHOTO EQUIPMENT I Agree I AGREE THAT ANY PHOTOS OR VIDEOS THAT ARE TAKEN BY GENE PARKER WILL AND CAN BE USED FOR THE PORPUSE OF SOCIAL MEDIA, WEB AND OR EMAILS FOR PROMOTIONAL AND EDUCATIONAL VALUE. I hereby give Gene Parker my permission to use my or my child’s (minor) photograph or video publically to promote Gene Parker and Snorkeling with manatees Or Monkey Island Adventure and their crew or Captains . I understand that the images may be used in print publications, online publications, presentations, websites, social media, and or commercial. I also understand that no royalty, fee, or other compensation shall become payable to me by reason of such. I Agree I FURTHER STATE THAT I AM OF LAWFUL AGE, AND COMPETENT TO SIGN THIS LIABILITY RELEASE, I Agree I UNDERSTAND THAT THE TERMS HERE ARE CONTRACTUAL AND NOT A MERE RECITAL THAT I HAVE SIGNED THIS DOCUMENT OF MY OWN FREE ACT. FURTHER THAT I UNDERSTAND AND AGREE IN THE EVENT THAT ONE OR MORE OF THE PROVISIONS OF THIS AGREEMENT, FOR ANY REASON IS HELD BY A COURT OR COMPETENT JURISDICTION TO BE INVALID OR ENFORCEABLE LEI ANY RESPECT, SUCH AS INVALIDITY, ILLEGALITIES OR UNFORESEEN ABILITY SHALL NOT AFFECT ANY OTHER PROVISION HERE OF, IN THIS AGREEMENT SHALL BE CONSTRUCTED AS IF INVALID, ILLEGAL OR UNFORESEEABLE PRECISION OR PROVISIONS HAD NEVER BEEN CONTAINED HEREIN. I Agree I FURTHER HAVE GIVEN MY CONSENT TO ALLOW THE MINORS LISTED BELOW CLAIMING FULL RESPONSIBILITY FOR THEIR ACTIONS, CLAIMING THAT I HAVE THE LEGAL RIGHT TO GIVE SAID CONSENT AND RELEASE GENE PARKER FROM LIABILITY AS PER ABOVE MENTIONED RISKS. I Agree IT IS MY INTENTION BY THIS INSTRUMENT TO EXEMPT, RELEASE MY ASSIGNEE CREW INCLUDING GENE PARKER OF ANY AND ALL ENTITIES NOW RELEASED AS DEFINED ABOVE FROM ALL LIABILITY OR. RESPONSIBILITY FOR ANY AND DAMAGES OR WRONGFUL DEATH HOWEVER CAUSED, OR ARISING OUT OF DIRECTLY OR INDIRECTLY, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OF THE . I HAVE FULLY.INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELESE. I HAVE READ THIS DOCUMENT PRIOR TO SIGNING IT ON BEHALF OF MYSELF ANY MY HEIRS. Notice to the Minor Child’s Natural Guardian READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF GENE PARKER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SNORKELING IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND GENE PARKER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. I Agree By my signature, I release all claims that both they and I have. I Agree Date: December 10, 2024 |