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VOLUNTARY WAIVER OF LIABILITY, ACKNOWLEDGEMENT AND ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT FOR OUTDOOR ACTIVITIES/PURSUITS

Read thoroughly and carefully before signing

IN CONSIDERATION of allowing me (the below named individual) to participate in any way in scuba diving, water skiing, tubing, surfing, boat riding, paddle boarding, jet skiing, wake boarding, wake surfing, kayaking, Seabobs, Efoils, snorkeling, sailing, fishing, spearfishing, marine life feeding, challenge course, cycling, gym workouts & yoga, hiking, ATV rides and/or other outdoor activities and/or any kind of touristic, cultural, gastronomic, and in general any recreational activity or trip outside the premises of Barbuda Ocean Club, (hereinafter the “Outdoor Activities”), I, for myself, my heirs, executors, administrators, personal or legal representatives, guardians, or assigns, and all others who might have a similar claim, do hereby release, waive, forever discharge, and covenant not to sue PLH Barbuda Holdings, LLC, PLH (Barbuda) Limited , Discovery Barbuda Ocean Club Management, LLC, Discovery Barbuda Ocean Club Management (Barbuda), Ltd, Discovery Land Company, LLC, Barbuda Ocean Club Owners Association Inc., or any of its national or foreign subsidiaries, affiliated or associated entities (collectively the “Released Entities”), together with their owners, operators, representatives, directors, officers, employees, agents, assigns, investors, shareholders, independent contractors, and legal counsel (hereinafter the “Released Agents”), for liability and for any and all rights and claims for personal injury, accident or illness (including disability or death), medical or health expenses, or costs or damages, including property loss, which may arise now or in the future for any reason from my participation in the Outdoor Activities, whether such claims arise from the negligence of any party, including the Released Entities, weather conditions, products liability, failure to warn, or any other theory of liability. No waiver of liability or indemnity will be provided against claims arising from the sole negligence or willful misconduct of the Released Entities or Released Agents.

I acknowledge and appreciate that participation in the Outdoor Activities carries with it certain inherent risks, hazards and dangers that cannot be eliminated regardless of the care taken to avoid injuries. I further understand that I, or others, can be seriously injured or killed, and that property can be damaged or destroyed, while participating in the Outdoor Activities. I also agree to fully indemnify, defend, and hold harmless the Released Entities and/or the Released Agents from and against all claims, actions, suits, demands, proceedings, costs, expenses, damages and liabilities, including attorney’s fees, (whether judicial or non-judicial) for injuries or damages (including death) incurred in whole or in part as a result of my participation in the Outdoor Activities and to reimburse them for any such expenses as they are incurred.

I agree to act responsibly during all Outdoor Activities, including any time during which I may be riding in a boat or operating equipment, and to obey the instructions given to me by Outdoor Activities personnel. I will not engage in Outdoor Activities in a careless, reckless, or negligent manner or while under the influence of alcohol or drugs. I have truthfully disclosed my physical and mental abilities and experience to the Outdoor Activities personnel, and I am physically and mentally capable of participating in the Outdoor Activities.

I agree to pay all fees charged for the Outdoor Activities and to pay for any damage, destruction, and misuse or loss equipment as a result of my participation during the Outdoor Activities.

I understand and irrevocably agree that this Voluntary Waiver of Liability, Acknowledgement and Assumption of Risk, and Indemnity Agreement for Outdoor Activities (the “Agreement”) and any dispute or claim that may arise out of or in connection with its subject matter or the Outdoor Activities to which it relates shall be governed by and construed in accordance with the Laws of Antigua and Barbuda.

I hereby irrevocably agree that in the event that any action, suit or other legal proceeding shall be brought in any court of law such proceeding shall be brought in the courts of Antigua and Barbuda and only where such courts have refused or otherwise declined jurisdiction shall any proceedings be brought in any other court.

Any claim or dispute arising out of or in connection with this Agreement shall likewise be brought in the courts of Antigua and Barbuda and only where such courts have refused or otherwise declined jurisdiction shall any proceedings be brought in any other court. This shall include any question regarding any aspect of its subject matter or the Outdoor Activities to which it relates or its existence, validity or formation. For these purposes, I irrevocably and unconditionally submit to the jurisdiction of the Antigua and Barbuda courts.

Any part or provision of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. To the extent permitted by applicable law, I waive any provision of law which prohibits or renders void or unenforceable any provision hereof.

I have read this Voluntary Waiver of Liability, Acknowledgement and Assumption of Risk, and Indemnity Agreement for Outdoor Activities and fully understand its terms and conditions.

I FURTHER UNDERSTAND THAT I am giving up substantial legal rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, without any inducement, that I am legally capable to sign this Agreement, and intend by my signature to completely and unconditionally release the Released Entities and the Released Agents of all liability, and to be as broad and inclusive to the full extent allowed by law. Execution of this Agreement and the clauses contained herein shall be subject to the laws and THE EXCLUSIVE jurisdiction of the courts of ANTIGUA AND BARBUDA, THE WEST INDIES.

I understand and comprehend the English language and the effect of this Agreement.

THE TERM OF THIS AGREEMENT IS PERPETUAL. THE PARTICIPANT EXECUTES THIS AGREEMENT FOR THE PURPOSE OF PARTICIPATING IN THE OUTDOOR ACTIVITIES IN THE TERMS AND UNDER THE CONDITIONS SET FORTH HEREIN AND IN THE DATE HEREIN STATED AFTER HIS/HER SIGNATURE OR IN ANY OTHER DATE THEREAFTER. THIS AGREEMENT THUS WILL BE DEEMED TO BE EXECUTED AND ITS TERMS AND CONDITIONS WILL BE APPLIED EVERY TIME THE PARTICIPANT PARTICIPATES IN THE OUTDOOR ACTIVITIES FROM THE DATE OF EXECUTION ONWARDS.

ADDITIONAL TERMS AND CONDITIONS

Barbuda Ocean Club recommends that members and guests that are visiting from a country outside of Antigua and Barbuda purchase and retain medical insurance coverage that includes medivac air ambulance service transportation. In the event of any urgent situation that requires evacuation from the country of Antigua and Barbuda, these fees can be expensive. This service is not covered by the Barbuda Ocean Club and all members and guests will be financially responsible for the costs of this type of situation.

As a parent or guardian of a named minor, I hereby declare that I am legally capable to sign this Agreement and to give my permission for my child or ward to participate in the Outdoor Activities, and further agree, individually and on behalf of my child or ward, to the terms of the above.

I am aware that the use of Personal Water Crafts may add a fee to my account/statement.

I also have permission and authority to treat and address medical conditions and emergencies as I deem appropriate for my child or ward, and I also agree to pay all charges for such medical treatment and care as they may result.

The Released Entities and the Released Agents shall not be held liable for damages, inconvenience, or time lost as a result of any accident, breakdown or malfunction of the Outdoor Activities equipment.

The Released Entities and the Released Agents reserve the right to cancel the Outdoor Activities due to inclement or impeding bad weather, unfavorable conditions of the ocean, or other Acts of God. Fees previously paid or to be charged will be prorated based upon the time used.

I have read this Agreement and understand and agree with all terms and conditions of this Agreement. 

Today's date: December 3, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's 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*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's 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*
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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