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Waiver Tourrific Curacao.

WAIVER OF LIABILITY AND ASSUMPTION OF RISK FOR UNDERWATER SCOOTER OR JETSKI

I understand and acknowledge that the equipment I will be using is either a motorized underwater vehicle (underwater scooter) or a jetski, depending on my rental choice. The underwater scooter can reach speeds of up to 4 miles per hour and depths of up to 30 meters, while the jetski can reach speeds of up to 50 miles per hour. I acknowledge that the functionality of the equipment is subject to my operation as well as environmental conditions. I understand and acknowledge that in order to safely operate the equipment and participate in the tour, I need to master basic swimming skills. I understand and acknowledge that the propellers of the equipment provide suction and can suck in loose hair, bathing suit parts, or any other loose objects. I am aware that the use of the equipment may be hazardous, and I have elected to voluntarily participate in this activity with full knowledge, acceptance, and assumption of any and all risks of personal injury or death. I acknowledge that the equipment must at all times be operated in a reasonable, safe, and prudent manner.

  1. I warrant that both myself and my minor children (where applicable) will act responsibly and carefully as mature adults in operating the equipment and state that I have no medical condition(s) or disabilities incompatible with the safe operation of the equipment.
  2. I acknowledge that I am not permitted to operate the equipment while under the influence of, or impaired by, any drug (legal or illegal) or alcohol or otherwise impaired by (a) medical condition(s). By initiating, I hereby warrant that I am not under the influence, or in any way impaired by any drug and/or alcohol and/or medical condition and that I will not consume any of the substances mentioned during the tour.
  3. I agree not to operate or cause to operate the equipment outside of designated areas and will follow the Tour Guide and all rules, instructions, and directions given by the tour guide.
  4. I agree to hold harmless and indemnify the "Released Parties" for any and all loss or damages (including theft) to myself or other persons, objects, or property, including but not limited to any snorkeling gear, eyewear (prescription or non-prescription eyeglasses, contact lenses, sunglasses, etc.), cash, jewelry, electronic equipment (including cell phones and cameras), or other personal property, caused by or arising out of my use or operation of the equipment.
  5. I agree to pay for repair costs for any damage to the equipment other than ordinary wear and tear and irrevocably permit "The Company" to deduct said costs or a prepayment thereof from my credit card or security deposit. "The Company" will send the participant a detailed overview of all repair costs as soon as reasonably possible.
  6. I understand the manufacturer of the "equipment" states that the minimum age for a passenger is 14 years, and that while operating the "equipment," they should hold on to it with both hands. If I cannot physically achieve the manufacturer's and "The Company’s" recommendations or choose not to follow them, I expressly assume all risks associated with not complying with said recommendations, including but not limited to the risk of injury or death.
  7. I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against "The Company" based on any claim from which I have released "The Company" herein.
  8. A warning will be issued if a participant or minors in that party are not operating the equipment as instructed by the guide or misuse of equipment is assessed. The guide may cancel your participation in the tour or the tour as a whole after the first warning. No refunds will be issued for participation or tours canceled due to irresponsible operation of the equipment or other irresponsible behavior by a participant.
  9. I agree that "The Company" can publish (including but not limited to print, websites, blogs, internet) audio/pictures/videos and other media taken of me and my minor child accompanying me on my tour. I authorize such recordings and release "The Company" to use my name, likeness, and voice to exhibit or distribute such recordings in whole or in part without restrictions or limitations for any promotional or instructional purposes.
  10. I acknowledge and agree that "Tourrific Curacao" and its affiliates are not responsible for any loss, theft, or damage to valuable or personal belongings, even if I choose to give such belongings to the tour guide for safekeeping. I assume full responsibility for my own personal items during the tour.

In signing this Release and Assumption of Risk and Waiver of Liability, I hereby acknowledge and represent: (a) that I have read this document in its entirety, understand it, and sign it voluntarily; and (b) that this Assumption of Risk and Waiver of Liability is the entire agreement between the parties hereto and its terms are contractual and not a mere recital; and (c) that the laws of Curacao are exclusively applicable to this agreement.

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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.


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