By signing this document, you will waive certain legal rights, including the right to sue or claim compensation following an accident, injury, or death. Please read carefully.
I have been informed and acknowledge that directly or indirectly, I am, or in the future will be, participating in activities provided by Stormy Pirates, LLC, dba Stormy Pirates Boat Charters, which may be aboard one of its vessels, a leased vessel, an affiliate vessel, or a managed vessel. I further acknowledge that boating, sailing, swimming, snorkeling, cliff diving and all other related activities; including the use of docks and facilities utilized in rendering the services and also including traversing the shore at any port of call, involve a certain and significant degree of risk, including the possibility of death or injury to persons or property. By signing below, I affirm and acknowledge such risks and hereby voluntarily assume these risks knowingly and with the understanding of the possibility of injury, formally agree that the benefit conferred by engaging in this activity far outweigh the risk or any injury, potential or otherwise and wish to engage in the Activities.
As lawful consideration for being permitted to participate in these Activities, I agree that I will not make a claim against, sue, attach the property, or prosecute, its referring partners through whom I may have booked a trip, any affiliate company, as well as the aforementioned respective principles, directors, members, officers, agents, employees, volunteers, heirs, assigns and insurance carriers (all collectively "Releasees") for death, personal injury or property damages that I may sustain as a result of my participation in the Activities. This agreement is intended to discharge in advance Releasees from and against any and all liability, asserted by me, my heirs or assigns, including liability for negligent actions, arising out of or connected in any way with my participation in the Activities.
I acknowledge that it is my responsibility to read and obey all posted information and warnings, and to comply promptly with any verbal instructions provided to me by Releasees in connection with the Activities. I acknowledge that I will not be under the influence of alcohol while participating in the Activities to the point that I place my safety at risk. I further acknowledge that in connection with the Activities, I will fully indemnify the Releasees for any liability, claim, damage or expense of whatsoever nature caused by, contributed to by, or arising from, the consumption of alcohol by me.
I also give permission for photographs and video to be taken at the Activities in which my image may be used for promotional and/or advertising purposes by Releasees in any medium, without compensation to me.
I have carefully read this agreement and understand that it is a legal and binding contract that supersedes any other agreements or representations by or between parties and that it is intended to provide a comprehensive release of any and all liability of any sort in any way related to or arising out of my participation in the Activities with Releasees but is not intended to assert any claim or defenses that are prohibited by law. I hereby further agree that this agreement shall be construed in accordance with the laws of the United States Virgin Islands and that any legal dispute will be submitted to mandatory arbitration using the then applicable rules of the American Arbitration Association with respective costs taxed to each party and, if no resolution is reached, and the arbitrator permits the case to proceed, will be brought in the Courts of the US Virgin Islands. I accept the personal jurisdiction of the courts of the Territorial Courts of the US Virgin Islands and the Federal Courts of the US Virgin Islands and, knowing my right to a jury trial, voluntary and willingly waive my right to a jury trial in connection with any such legal dispute arising or relating to my participation in the Activities. If any portion of this agreement is deemed unenforceable, the remainder shall be given full force and effect with the intent of my desire to provide a full and complete release to Releasees to be pursued and implemented. I have signed this agreement of my own free will, under no duress, and not under the influence of drugs or alcohol.
For participants of a minority age, I hereby certify that I, as parent/guardian with legal responsibility for this participant of minority age, do consent and agree to his/her release of all the Releasees, and, for myself, my heirs, assigns and next of kin, , release and agree to indemnify the Releasees from any and all liabilities incident to this participant of minority age's participation in the Activities.