ACTIVITY PARTICIPANT FORM OF RELEASE AND INDEMNITY In consideration of value received and the right to provide PRIVATE YACHT CHARTER],I,for my and my heirs, successors, and assigns, do hereby release and forever discharge Island Time Watersports (Caribbean) LLC., Island Time Tour Desk Operators LLC, The Ritz-The Westin and Buoy Haus at Frenchman's Reef, RED Hospitality, Fortress, Carlton Resort(s), St. Thomas, Ritz-Carlton (Virgin Islands), Inc., Marriott International, Inc., Ritz-Carlton Hotel Company, LLC, RC St. Thomas, LLC, Marriott Vacation Worldwide Corp., and Great Bay Condominium Owners Association, Inc., ILG, Inc., Marriott Resorts Hospitality Corporation, each of the Associations, Marriott Vacations Worldwide Corporation (“MVWC”), MVW US Holdings, Inc. (“MVWUS”) and Marriott Ownership Resorts, Inceach of their respective parent companies, subsidiaries and affiliates, and each of their respective officers, directors, shareholders, agents, employees, contract workers, successors and assigns (the “Released Parties”) from all manners of action, causes of action, suits, debts, damages, or claims and demands of any type or kind whatsoever, including attorney’s fees, that may arise on account of, any reason or cause, injury or death, whatsoever, occurring from, connected with, or originating from the PRIVATE YACHT CHARTERprovided by(COMPANY) _________________________________. I understand that the activity is being conducted by an independent supplier and that the Released Parties have no specialized expertise in the particular activity in which I have elected to participate. I acknowledge that my participation is entirely optional and voluntary and that I have elected to participate notwithstanding the potential risks involved, known and unknown. I also understand and agree that I am solely responsible for evaluating the operations of the independent supplier, the risks involved in the activity and my fitness to participate. I acknowledge that the degree of risk can be affected by circumstances foreseen and unforeseen, such as weather conditions, which may be changing over the course of the activity, as well as the condition of equipment, and my own physical condition and capabilities, and that participation in this activity can, even if operated and maintained in a professional manner, result in serious injury or death. I agree to assume all risks associated with the activity and any and all damages or expenses arising out of or relating to any injury I may sustain in connection with my participation in the activity. I understand that the Released Parties have not undertaken to protect me, or any other persons, from any physical harm that may result from my participation in the activity, or the participation of any of my relatives, companions, friends, or other third parties in the activity, and I expressly agree and affirm that I have not relied directly or indirectly upon the Released Parties in determining whether to participate in the activity. Furthermore, I, agree to indemnify, defend, waive all rights, and hold harmless and blameless the Released Parties from and against all liability, claims, suits, demands, damages, judgments, costs and expenses (including attorney’s fees) to which any of the Released Parties may be subject by reason of any claim for, any injury to, or death of any person or persons or for damage to property or otherwise arising from or in connection with the activity described above.
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