Voluntary waiver and release from liability and indemnity agreement
I am aware that using a watercraft exposes me to certain hazards, including but not limited to death or injury, illness or medical emergency, including the risk of drowning; and damage to, loss or theft of equipment or other personal possessions; and injury to third persons and damage to their personal possessions, during use of the watercraft by me, including the transport. I hereby release, indemnify, and hold harmless Exotic Aquatics Ltd. and their associates from any and all liability, causes of action, claims, demands, costs or debts of any kind or nature, incurred or arising from or out of my or others’ use of the watercraft, whether brought by me, my heirs, executors, or assigns, or by any third persons. I do further release and hold harmless Exotic Aquatics Ltd. or their authorized associate for any act or failure to act, whether negligent or otherwise, of it any members, employee, agent, or other representative of Exotic Aquatics Ltd.
I have been oriented in the use of the watercraft, and the risks associated with their use. I assume the risks of the use and transportation of the watercraft to be used by me, and all of the hazards and dangerous conditions associated with its use and transport. This watercraft is for my own use and I will not allow others to use it. I have examined it and find it suitable for my purposes. I find the watercraft leased or rented to me to be free of defects, unless otherwise noted.
I have fully informed myself of the contents of the liability and assumption of risk waiver, by reading it before I have signed the release document. I understand I am giving up substantial rights by signing this document and I do so voluntarily. I further give my permission for usage of all photo/videos taken on this event. I agree to return the watercraft and accessories provided to me in the same condition as at the time of rental, normal wear and tear accepted. In the event that the equipment is lost, damaged, or destroyed reasonable costs and charges will be imposed.
I affirm that I am eighteen (18) years of age or older: if not then before accepting release of any watercraft by Exotic Aquatics Ltd in accordance with the above terms, I will provide a cosigned waiver by my parent or legal guardian.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
EXOTIC AQUATICS SCUBA & WATERSPORTS LTD. ( EXOTIC AQUATICS ) has put in place preventative measures to reduce the spread of COVID-19; however, EXOTIC AQUATICS cannot guarantee that you will not become infected with COVID-19. Further, participating in group activities could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in outdoor group activities and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 while participating in the activities led by EXOTIC AQUATICS may result from the actions, omissions, or negligence of myself and others, including, but not limited to, EXOTIC AQUATICS employees and program participants.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and/or death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my participation in EXOTIC AQUATICS activities
(“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless DKT, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of EXOTIC AQUATICS its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any EXOTIC AQUATICS program.
Today's Date: September 27, 2023