LIABILITY RELEASE FORM: PLEASE INITIAL EACH OF THE FOLLOWING SECTIONS AND SIGN BELOW
- I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE ROLAND CREESE LLC/DBA ISLAND VENTURES ITS EMPLOYEES, AGENTS AND BOATS WHETHER OWNED, OPERATED, LEASED OR CHARTERED AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY ARISING AS A CONSEQUENCE OF ANY ACT OR OMISSION ON THEIR PART INCLUDING, BUT NOT LIMETED TO, ACTIVE OR PASSIVE NEGLIGENCE.
- I understand that snorkeling is a hazardous activity with inherent risks and dangers associated therewith, including but not limited to risks associated with equipment failures, perils of the sea and acts of others which could result in my serious injury or death. BY WAY OF MY SIGNITURE, I EXPRESSLY ASSUME THESE RISKS. I assert that I am physically fit to participate in snorkeling and I agree by way of my signature that I will not hold any of the above named individuals, persons or entities responsible if I am injured as a result of any medical conditions while snorkeling. I fully understand that the boat has limited medical facilities and that in the event of illness or injury, appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical care facility. I agree in advance to these conditions.
- I am not under the influence of alcohol and do not have in my possession any illegal drugs, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with snorkeling.
- I will inspect all of my equipment and any equipment I rented from Roland Creese LLC/DBA Island Ventures prior to the activity and will notify the crew if any of my equipment is not working properly. I will not hold Roland Creese LLC/DBA Island Ventures or any of its employees responsible for my failure to inspect my equipment prior to snorkeling.
- I will be present and attentive to the safety briefings given by the crew.
- I will immediately cease and abort my snorkel if I feel uncomfortable with my abilities. I am fully aware of the dangers, risks and hazards of snorkeling. I fully agree not to hold the above mentioned individuals, entities or vessels responsible for any such act by me. If I become distressed on the surface, I will immediately inflate my snorkel vest for flotation. I understand that if I want or need assistance from the vessel, the crew or captain, I will give the proper “distress” signal and blow my whistle. I understand that this activity may be conducted in a remote site by time and distance from a medical facility.
- I understand that sea conditions may change while we are en route to the snorkel site, or at any time during the snorkel trip and that this is a function of the environment. I will not hold Roland Creese LLC/DBA Island Ventures or any of the above listed individuals responsible for weather/sea conditions that are out of anyone’s control.
- I acknowledge that Roland Creese LLC. is providing transportation only from their dock to a location for me to pursue my inwater activities and that the captain and crew or other agents or assigns while assisting on board the vessel are not providing instruction or protection from the perils of swimming and snorkeling and are not responsible for my safety while in the water.
- I understand that even though I follow all of the appropriate snorkeling practices, injuries resulting from these activities may still happen.
- I understand that snorkeling is a physically strenuous activity and that I am still at some risk of sustaining injuries. I expressly assume the risk of said injuries by exerting myself during the snorkeling excursion, and also assume the risk if I am injured as a result of a heart attack, panic, hyperventilation, etc. and will not hold the above listed individuals responsible for same.
- Roland Creese LLC/DBA Island Ventures has made no representation to me, implied or otherwise, that they or their crew will perform safe rescues or render first aid. In the event that I show signs of distress or call for aid, I would like assistance and will not hold Roland Creese LLC, its crew, boats or passengers responsible for their actions in attempting the performance of a rescue or first aid.
- I affirm that I will not snorkel in an environment that is beyond my ability. I agree to not enter into or penetrate an overhead environment.
- I understand that there will be NO REFUNDS if I become seasick or for unused rental equipment.
- I agree to pay for all attorney fees and court costs in the event of any liability claims with Roland Creese LLC/DBA Island Ventures. It is my intention to exempt and release Roland Creese LLC/DBA Island Ventures and all related entities as defined above from all liability whatsoever from personal injury, property damage and wrongful death caused by negligence.
By way of my signature on this document, it is my express intention to give up my right to sue all individuals, entities or vessels referred to herein, whether specifically named or not. It is also my intention to exempt and relieve the vessel, its employees, agents and boats whether owned, operated, leased or chartered from all liability arising as a consequence of any act or omission including, but not limited to active or passive negligence. I fully agree to indemnify and hold these entities named within this document harmless from any and all liability for personal injury of any sort, property damage or wrongful death by myself, heirs and assigns, and expressly assume all risks in connection with activities of snorkeling. I have read and understand this document in its entirety. If I have any questions with respect to the contents of this document, I certify that I have fully informed myself before signing my name below. I fully agree to the terms and conditions herein and realize that they are given in exchange for Roland Creese LLC/DBA Island Ventures and the vessel allowing me to participate in this activity. I understand that this is a contract.
Signature / Signature of parent or guardian
Date: September 28, 2021
ROLAND CREESE LLC/DBA Island Ventures
Photo and Email Release
- I acknowledge that photos taken during the course/boat trip by Roland Creese LLC/DBA Island Ventures, may include me. I hereby grant the right and permission to copyright and/or use and/or publish and republish, broadcast and rebroadcast, and/or distribute and redistribute photos and/or videos, in whole or in part, of me made on or about the date above, to the photographers, videographers, or their companies, as appropriate, for use in articles, advertising, Facebook photo-tagging, or for any other purposes in printed, electronic or any other media including, but not limited to, Facebook, magazines, books, newsletters, web sites, CD-ROMs, DVDs, tapes and other forms of still and/or motion media, including media that may not exist currently, but that is developed in the future. Such use may be worldwide. I further grant such individual or company the right to transfer and/or assign this right and permission, permanently or temporarily, to any person, agent, entity or company in connection with said purposes. I acknowledge that the photograph(s)/video(s) may be altered, enhanced or edited through photographic or computer methods.
- I hereby release and discharge said individual or company and their assigns, agents and/or all persons acting under their permission and authority or those for whom they may be acting, from and against any liability as a result of this agreement, including but not limited to liability caused by any distortion, blurring, alteration or optical illusion that may occur in the taking of the photographs/video or in processing, reproduction or editing of the finished photograph(s)/video(s). I hereby release and discharge said individual or company and their assigns, and all persons acting under their permission and authority or those for whom they may be acting, from and against any liability that results from the use of the photograph(s)/video(s), and assume any such risks myself. I waive any right to inspect said photograph(s)/video(s) in its/their original, enhanced, or edited form prior to publication, duplication, broadcast or other use in any form of media. I understand that no payment will be paid to me now or in the future.
- I agree that copyright ownership of any photos, video, or other media resulting from this agreement shall be owned by the individual or company, as appropriate, taking the picture, video, or other media.
- I hereby warrant that I am of full age and competent to contract in my own name in so far as the contents of this release are concerned; or, if the person is under age 18, that I am the parent or legal guardian of said minor and I have the legal right to sign this agreement on the minor’s behalf. I have read the above and I fully understand its contents.
Signature / Signature of parent or guardian
Date: September 28, 2021