Release and Assumption of Risk for Snorkelers/Passengers/Student Divers
This is a waiver and release of all your legal rights to sue Low Key Watersports, Inc., Ringo Leasing, vehicles and vessels, Savannah’s Boutique. Still Waters, International PADI Inc., Scuba diving agencies, all officers, shareholders, independent contractors or their employees, officers, agents, instructors, certified assistants, volunteers, affiliates, heirs or assigns (“Released Parties”) for personal injury, property damage, or wrongful death as a result of you participating in snorkeling and/or related activity. Your waiver and release applies even if any injury you sustain is as a result of the negligence of any of the foregoing Released Parties, or as a result of any risk of injury you may have been exposed to whether foreseen or unforeseen, caused by the negligent act or failure to act on the part of any of the Released Parties.
Please place your initials next to each of the following items:
1. I acknowledge that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or legal guardian.
2. I am aware of the risks inherent in snorkeling/skin diving and accept these risks.
3. I affirm that I am in good mental and physical fitness for snorkeling and that I am not under the influence of any drugs that are contradictory to diving. If I am taking medication, I affirm that I have seen a physician and have approval to snorkel while under the influence of the medication/drugs.
4. I will inspect all of my equipment prior to the activity and will notify the above Released Parties if any of my equipment is not working properly. I will not hold the above listed Released Parties responsible for my failure to safely plan my snorkel.
5. I acknowledge that I am physically fit to skin dive/snorkel, and I will not hold the above Released Parties responsible if I am injured as a result of heart, lung, ear, circulatory problems, or other illnesses that occur while skin diving and/or snorkeling.
6. I understand that I am responsible for my own behavior while on the boat and that it is my responsibility to obey the directives and instructions of the crew for my own safety and that of my fellow passengers.
7. I also understand that skin diving/snorkeling is a physically strenuous activity and that I will be exerting myself during this skin diving/snorkeling excursion, and then if I am injured as a result of a heart attack, panic, hyperventilation, etc., that I expressly assume the risk of said injuries and that I will not hold the above listed Released Parties responsible.
8. The undersigned hereby acknowledges that they were informed that the snorkeling instructor/guide by whom they will be accompanied or instructed is an independent contractor. As an independent contractor the dive instructor is not an employee nor an agent of Low Key Watersports, Inc. Therefore, Low Key Watersports, Inc. does not direct the instructor’s/guide’s activities and is not responsible for the instructor’s/guide’s acts or failure to act.
9. I have agreed by virtue of my signature to this instrument to waive, release, and exempt all Released Parties from any and all liability whatsoever, whether foreseen or unforeseen, for one or more personal injury, property damage or wrongful death caused by the negligent act or failure to act of any of the Released Parties. I further acknowledge that I have agreed to assume all of the risks that I may be exposed to be virtue of my participating in skin diving, snorkeling, and related activities. I further save and hold harmless said course and Released Parties from any claim or lawsuit by me, my family, estate, heirs, or assigns arising out of my enrollment and participation in this course including both claims arising during the course or after I receive my certification.
10. I give permission to use my photograph publically to promote the Low Key Watersports. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
AQUATIC-BASED ACTIVITIES ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY
I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE LOW KEY WATERSPORTS, INC. RINGO LEASING, SAVANNAH’S BOUTIQUE &/OR OCEAN RUNNER POWER BOAT RENTAL LLC THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOAT(S) AND/OR EQUIPMENT (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
- I UNDERSTAND THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING, SNORKELING, DIVING, BOATING, WATERSPORTS AND OTHER AQUATIC-BASED ACTIVITIES included but not limited to equipment failure, perils of the sea, action of the sea, wind, waves and boat wake, harm caused by marine creatures (including bites and/or attacks), acts of fellow participants or guests, entering and exiting the water, transferring between boats, aquatic-based activities, boarding or disembarking boats, and activities on the docks and approaches and I HEREBY ASSUME SUCH RISKS.
- I UNDERSTAND I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
- I assert I am physically fit to swim, snorkel and participate in aquatic-based activities and ride on a boat and/or equipment and I will not hold the RELEASED PARTIES responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while swimming, snorkeling, riding on the boat or equipment, or otherwise participating in the trip or activities.
- If I become distressed during the trip or whilst otherwise participating in activities, I will immediately notify the crew and ask for assistance.
- I fully understand the involved boat and/or equipment has limited medical facilities and in the event of illness or injury appropriate medical care must be summoned by radio or telephone and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
- The RELEASED PARTIES have made no representation to me implied or otherwise they or their crew can or will perform safe rescues or render first aid. If I show signs of distress or call for aid, I would like assistance and will not hold the RELEASED PARTIES, their crew, boats, equipment or passengers responsible for their actions in attempting the performance or rescue or first aid.
- IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SWIMMING, SNORKELING, BOATING AND AQUATIC ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
- I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between RELEASED PARTIES and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
- I speak and read and understand the English language and understand the content of this document. The captain and/or crew have explained this document to me.
I have read this agreement and I am aware it is a release of liability and a contract between me and the RELEASED PARTIES.I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.
Today's Date: January 24, 2022