Loading...

NET ZERO EXPEDITIONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

Acknowledgment of Risks:


I understand that the Whale Watching, Wildlife Tours, open ocean Snorkeling, Shark Snorkeling, Blue Whale Expeditions, and other associated activities provided by Spunco Films LLC, doing business as Net Zero Expeditions, or any of its related, associated, or affiliated companies (hereinafter collectively referred to as "Net Zero Expeditions"), take place in natural environments, including potentially hazardous ocean waters. These "Expeditions" involve inherent risks, dangers, and hazards, including but not limited to:

  • Collisions with man-made and natural objects
  • Changing weather and sea conditions
  • Equipment faults or failures
  • Negligence by other participants
  • Encountering marine wildlife, ocean currents, the boat itself, the propeller, and other boats
  • Cuts, bruises, broken bones, or marine animal bites/stings
  • Other unforeseen circumstances inherent in such environments

Description of Activities:

Whale Watching Tours: A boat tour in a Zodiac vessel, navigating up to 20 miles offshore. Participants are not allowed to enter the water during these tours.

Pelagic and Shark Snorkeling Tours: Navigation up to 20 miles offshore, with participants sometimes entering the water with a guide and sometimes by themselves. Activities include open ocean snorkeling with all inherent risks of this activity.

I willingly accept and fully assume all such risks, dangers, and hazards, including the possibility of personal injury, death, property damage, or loss. This includes specific activities such as snorkeling and shark snorkeling, with their inherent risks of encountering marine wildlife, ocean currents, the boat itself, the propeller, other boats, and varying sea conditions. Net Zero Expeditions will always do its best to mitigate these risks, but they are present.

Health Considerations:

I understand that the expedition is not recommended for individuals with spinal, back, neck, or hip problems, those in frail health, pregnant women, or anyone with health conditions that may be aggravated by changing sea conditions and the resulting motion of the boats. I agree to disclose any relevant medical conditions to Net Zero Expeditions prior to the expedition.

Release and Waiver:

In consideration of Net Zero Expeditions accepting my reservation for this expedition and related services, I hereby agree to the following:

Waiver of Claims: I waive any and all claims that I might have against Net Zero Expeditions, its directors, officers, agents, representatives, contractors, and employees (collectively referred to as the "Releasees").

Release of Liability: I release the Releasees from any and all liability for any loss, damage, injury, death, or expense that I or my next-of-kin may suffer as a result of my participation in the expedition, due to any cause whatsoever, including negligence on the part of the Releasees.

Indemnity: I agree to hold harmless and indemnify the Releasees from any and all liability for any loss, damage, injury, death, or expense sustained by me or any third party arising out of or relating to my participation in the expedition, due to any cause whatsoever, including negligence on the part of the Releasees.

Binding Effect: This release of liability shall be effective and binding upon my heirs, next of kin, executors, administrators, and assigns in the event of my death. I confirm that I am at least eighteen years of age, or that I am the legal parent or guardian of the participant.

Jurisdiction: This agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any legal action arising from this agreement shall be brought exclusively in the courts of San Diego, California.

Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Infectious Disease Precautions:

Preventative Measures: Clients understand and acknowledge that to help prevent the spread of infectious diseases, including but not limited to coronaviruses, they are required to adhere to the following precautions: no fever, no symptoms, personnel and passengers are encouraged to adopt proactive hygiene habits such as frequent hand washing, coughing into their elbow or using tissues, and engaging in practices to reduce COVID-19 transmission risks.

Assumption of Risk: Clients understand and acknowledge that while these measures may mitigate the spread of infectious diseases, they cannot entirely prevent it. Clients assume all risk and liability for the spread of infectious diseases and agree to indemnify and hold harmless Net Zero Expeditions from any related causes of action or suits.

Emergency Procedures and Consent:

Emergency Procedures: I agree to follow all safety instructions and guidelines provided by Net Zero Expeditions during the expedition. I acknowledge the importance of adhering to these instructions for my safety and the safety of others.

Consent for Medical Treatment: In the event of an emergency, I give permission for Net Zero Expeditions to arrange for medical treatment for me, including hospitalization and emergency services. I understand that I am responsible for any costs associated with such treatment.

Media Use and Photo Package:

Image Use: I grant permission to Net Zero Expeditions to take and use photographs and videos of me during the expedition for marketing, advertising, and promotional purposes, without compensation. If I wish to opt out, I can do so by sending an email to info@netzeroexpeditions.com. In such cases, Net Zero Expeditions will make every effort not to photograph me, although I acknowledge that I may appear in the background of photos taken in public settings.

Photo Package License: If I purchase a photo package from Net Zero Expeditions, I am granted a license to use the photos for personal, non-commercial purposes only. I acknowledge that Net Zero Expeditions retains the copyright to all photos, and any commercial use is strictly prohibited without prior written consent from Net Zero Expeditions.

Acknowledgment and Agreement:

Understanding of Terms: I have read and understood this Release of Liability before signing it, and I am aware that by signing this document, I am waiving certain legal rights that I, or my next of kin, executors, administrators, and assigns may have against the Releasees. I agree to follow all safety instructions and guidelines provided by Net Zero Expeditions during the expedition.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Parent or Guardian's Email Address
Email*
Confirm Email*
Parent or Guardian's Driver's License / ID Card
Driver's License / ID Card Number*
Issuing State*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Information
By checking this box, I agree that I do not have any Covid-19 symptoms; cough, fever, or been in contact with people that carry the Covid-19 virus.*
I agree
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!