OCEAN JOURNEYS LLC dba DOLPHINS AND YOU
Release/ Waiver of Liability and Indemnification
This document affects your legal rights
You must read and understand it before signing.
In consideration of being permitted to board and ride upon the vessels operated by OCEAN JOURNEYS, LLC dba DOLPHINS AND YOU (hereinafter “OCEAN JOURNEYS”), and being permitted to participate in water activities including but not limited to swimming, kayaking, stand up paddle surfing, water slide/trampoline use, snorkeling, riding on board a coastal vessel, sightseeing, dolphin or whale watching tour (hereinafter referred to as “activity”) with OCEAN JOURNEYS, do hereby expressly acknowledge and freely assume all risks both known and unknown associated with this activity.
I understand that there are inherent risks, dangers and hazards of boating, which include but are not limited to embarking and disembarking the vessel, the motion and movement of the vessel through rough and unpredictable seas/weather (with the attendant bouncing, rolling and pitching), equipment failure, wet decks, and ladders that may be slippery. I also understand that boating is a physically strenuous activity and that I will be exerting myself during this activity. I understand the description of these risks is not complete and that other unknown or unanticipated risks may occur that could result in serious injury, paralysis or death and I specifically assume such risks.
I understand it is necessary to always follow instructions given by the office, captain and crew, to keep alert and to keep one hand holding on to the vessel at all times in order to minimize the risk of injury.
I acknowledge that I am physically fit to swim and/or snorkel and I will not hold OCEAN JOURNEYS responsible if I am injured as a result of heart problems, lung problems, or other illnesses or medical problems which may occur while snorkeling/swimming.
I understand and acknowledge there are inherent risks associated with snorkeling/swimming such as drowning, anaphylactic reaction to stings, coral cuts, or injury to your head, limbs or spinal column if you happen to be tossed or pulled under by a wave or if you are struck by an object. I specifically assume all such risks.
I understand the use of a paddle board, surfboard, paddle board, stand up paddle board, kayak, water slide, water trampoline, or similar devices involve risks that may be unfamiliar to me. Those risks include, but are not limited to, such things as severe spinal injuries, traumatic brain injury, serious blunt abdominal trauma resulting in injury to the liver or spleen, and drowning. There is also the general risk of injury due to the power of ocean tidal waters, waves, wind, currents, rip tides, freak waves, breaking waves, unseen/buried coral, sea shells with sharp edges, sea urchins with long, sharp spines, rocks and unseen/buried objects (such as abandoned moorings). Some risks will be wholly beyond my control, like hazards and dangerous conditions created by surfers and their boards, boogie boarders and their boards, paddle boarders and their boards, swimmers, body surfers, boats/catamarans, canoes/kayaks, and fishermen and their equipment. I understand that my use of this equipment involves risks of injury, including injuries as severe as broken bones, paralysis, and death, no matter how careful I am. I specifically assume all such risks.
I also understand and acknowledge that OCEAN JOURNEYS does not allow those with serious health concerns, back/neck problems, recent surgery, pregnant woman, those with conditions which could be aggravated by sudden movement of the vessel and specifically assert that I am free of such conditions.
I understand and agree that neither OCEAN JOURNEYS, the crew nor owners of the vessel and all of their affiliates, subsidiaries, related companies, members, managers, officers, agents, representatives, employees and other persons or entities involved (hereinafter referred to collectively as “Released Parties”), may be held liable or responsible in any way for any occurrence on this trip which may result in personal injury, property damage, wrongful death or any other damage to me or my family, that may occur as a result of my participation in this boat trip or as a result of the negligence of any party, including the released parties, whether passive or active.
By participating in or attending this activity, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and I expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
I hereby agree, represent and warrant that: (a) to the best of my knowledge, I understand the nature of the tour and I am, or the Minor for whom I sign is, physically and mentally capable of participating in the activity; (b) neither I, nor the Minor for whom I sign, has a pre-existing medical condition that could be aggravated by participating in the activity or aware of any medical conditions that could affect my safety while participating in the activity; (c) neither I, nor the Minor for whom I sign, has a physical or emotional limitation which would preclude participation in the activity; (d) I agree to follow all instructions given to me by the staff of OCEAN JOURNEYS while I am a participant in the activity; and (e) I shall use due care and caution while participating in the activity and shall immediately report to OCEAN JOURNEYS any unsafe conditions or unauthorized use witnessed by the undersigned.
I further acknowledge and agree that this agreement shall be governed and construed pursuant to the federal maritime law of the United States without regard to its conflict of laws principles. I hereby consent and agree to pursue any and all claims against the Releasees, arising out of or related to the Ocean Activities, in the United States District Court for the District of Hawaii (“USDC”) , to the exclusion of all other courts, and that I am subject to the USDC’s personal jurisdiction. I agree that before I am permitted to file litigation against any of the Releasees in connection with the Ocean Activities, I must first submit written notice of my claim to within six (6) months of my signing this agreement. Under no circumstances may I file litigation against the Releasees after twelve (12) months of my signing this agreement. If I fail to meet either of the foregoing requirements, my claim and/or lawsuit shall be void and invalid.
Having read and understood the above, and in consideration of my being allowed to participate in the these activities, I, on behalf of myself, my spouse, children, heirs and executors, hereby release and forever discharge the vessel(s), its owners, operators and/or crew, including but not limited to OCEANJOURNEYS, its corporate affiliates, owners, subsidiaries, members, managers, employees and agents, and each of them (“Releasees”) from any and all loss, damage, liability, expense, cost, demands and claims arising from any bodily or personal injury, property damage and/or death which may occur as a result of the inherent risks associated with the activities, whether such risks are identified herein or are unspecified, the negligence of the Releasees, and/or the seaworthiness of any vessel(s). I further state that I am at least 18 years old and legally competent to sign this document, or that I have the consent of my parents or legal guardians.
If one or more provisions of this agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this agreement and the balance of this agreement shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its remaining terms.
I HAVE CAREFULLY READ THIS DOCUMENT AND I UNDERSTAND ITS CONTENT.
I ALSO UNDERSTAND THAT IT IS BINDING AND LEGALLY ENFORCEABLE.
I AM SIGNING IT OF MY OWN FREE WILL, WITHOUT DURESS.