I understand inherent risk of injury exists associated with my use and the use by my children of the various amenities available to guests at Baha Mar, as well as the amenities that are accessible from Baha Mar. This includes, but is not limited to, my room at Baha Mar, Baha Mar restaurants, use of the facilities and treatment programs offered to guests at ESPA, Royal Blue, Mini Blue, the Racquet Club at Baha Mar, Baha Bay, the Explorers Club, the Sanctuary, Flamingo Cay, the Aviary, Baha Bay Beach Club, the various pools and other water amenities and equipment made available to and for the use of Baha Mar guests, as well as beach and access to the ocean from Baha Mar (collectively “Baha Mar Amenities). While guests are not required to sign this waiver and release agreement, doing so is a requirement to use any of Baha Mar Amenities. Certain amenities require additional waivers and releases and have posted warnings and instructions to which all users must adhere.
Baha Mar may deny access to participate in or to remove any child from the Explorers Club at anytime, and I agree to pick up my child at the time designated by Baha Mar. I shall show valid identification each time I drop off and pick up the children. I shall pick them up at the time designated by Baha Mar. I authorize Baha Mar to provide any emergency dental, medical, surgical or hospital care by any personnel when deemed necessary or advisable to safeguard the health of the named children. I give my permission for their transport by ambulance or aid car to an emergency center for treatment and consent to the disclosure of their health information. This authorized health care may be given under whatever conditions are necessary to preserve their life, limb, or well-being. I hereby give permission for them to be given cardiopulmonary resuscitation (CPR) and first aid treatment by a qualified associate or representative of Baha Mar.
I grant permission for the videography and photography of myself and my children while on the premises of Baha Mar, and grant to Baha Mar a worldwide, perpetual, irrevocable, transferable and royalty-free right, without limitation, to use the name, voice, image and likeness of all such individuals on Baha Mar advertising and promotional materials including its website, social media and other means of marketing including, but not limited to, internet and print advertisements.
Regarding use of all the Baha Mar Amenities I, for myself and my children (collectively “Releasors”), hereby release, waive and forever discharge and agree to defend, indemnify and hold harmless “Baha Mar” which, for the purpose of this Waiver and Release Agreement, includes Perfect Luck Assets Limited, Sky Warrior Bahamas, Ltd., Hyatt Hotels Corporation, Hyatt of Latin America and Caribbean, LLC, Rosewood Hotels and Resorts International Limited, Rosewood Hotels and Resorts, L.L.C., SBE Hotel Management, LLC, Accor S.A., Whitewater West Industries Ltd., FlowRider, Inc. and each of their respective parents, subsidiaries and affiliates and each of those entities’ officers, directors, employees, agents, subcontractors, insurers, representatives and related persons (collectively, the “Releasees”) from any and all liabilities, claims, damages, disease of any kind or nature, infections, injuries and losses, including attorneys’ fees and courts costs, resulting from, arising out of or related in any way with the Releasors’ use of the Baha Mar Amenities. I represent and warrant that I am at least 18 years of age, I am the parent/guardian of the child/children identified below and have the legal capacity and authority to enter into this agreement on behalf of the Releasors. I represent and warrant that each Releasor understands and agrees that this Waiver, Release and Agreement shall bind all Releasors as well as each of their respective family members, legal representatives, successors, heirs, next of kin, executors, administrators and insurers. I represent and warrant that all Releasors understand and agree that any claim any may have against the Releasees resulting from any events occurring at Baha Mar shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas and, additionally, each Releasee further and irrevocably agrees to the Supreme Court of The Bahamas as the exclusive jurisdiction for all proceedings that may be brought related to same.