Assumption of Risk and Complete Release of Liability
THIS IS A RELEASE OF YOUR RIGHTS TO SUE
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE RAM ISLAND ADVENTURES LLC, ITS OWNERS, EMPLOYEES, AGENTS, CREW AND ASSOCIATED PERSONNEL, AND ITS BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES” AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
1. I agree that if I participate with an in-water snorkeling, paddle boarding, or swimming activity that I can swim and I have the skills to snorkel in the open ocean with no assistance. If I cannot swim, I agree to remain on the boat/vessel at all times. I also agree that I will not expect the Released Parties to teach me how to swim or snorkel and that prior to the activity I will have the skills necessary to participate without assistance.
2. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELING, SWIMMING, AND BOATING, included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites or stings), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks and I HEREBY ASSUME SUCH RISKS.
3. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND THE SAFETY OF OTHERS AND I AGREE TO DO SO.
4. I assert that I am physically fit to snorkel, paddle board, swim and ride on a boat and I will not hold the Released Parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while snorkeling, paddle boarding, swimming, riding on the boat, or otherwise while on any boat operated by the Released Parties.
5. If I need a flotation device, I will ask for one. If I use a flotation device, I will not remove my flotation device at any time while in the water. I acknowledge that doing so will constitute a violation of safety rules and procedures for which I expressly assume the risk. If I become distressed while in the water, I will immediately inflate my flotation device (if so equipped) for flotation assistance.
6. I fully understand that the boat on which I may be a passenger has limited medical facilities and that in the event of illness or injury, appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions, and assume and shall be responsible for all costs associated with such transport.
7. The Released Parties have made no representation to me, implied or otherwise, that they can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid or I would like assistance, I will not hold the Released Parties or passengers who attempt to render assistance responsible for their actions in attempting the performance of rescue or first aid.
8. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THEM HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SNORKELING, PADDLEBOARDING, SWIMMING AND ALL BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
9. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activities listed on this form. THIS DOCUMENT IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
10. I agree to be financially responsible for any equipment I lose or break.
I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERMS AND CONDITIONS HEREIN AND ABOVE SET FORTH ON BEHALF OF MYSELF, MY HEIRS AND MY PERSONAL REPRESENTATIVES. I REALIZE THAT THIS DOCUMENT IS A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.
Today's Date: February 6, 2023