I, the undersigned, on my own behalf and/or as guardian of a person who is under the age of eighteen (the “Minor”) (the “Participant(s)”), and on behalf of my and the Minor’s heirs, assigns, personal representatives, and estate, understand and agree to all of the terms set forth in this Waiver and Release of Claims for Damages and/or Injury (the “Release”). This Release is for the benefit of St. Bernard EcoTourism, LLC doing business as The Wharf on Bienvenue and its respective directors, officers, members, employees, and agents (collectively, “SBET”). I hereby agree as follows:
1. I plan to be at and around the premises of SBET located at 6301 Paris Road, Chalmette, Louisiana, which SBET leases from the St. Bernard Port, Harbor and Terminal District of the State of Louisiana (the “Port”) and to participate in ecotourism activities offered by SBET, including boat tours, airboat rides, kayak operations, boat launch, and related activities for the sole purpose of recreation (collectively, the “Ecotourism Activities”). I acknowledge that my participation in the Ecotourism Activities is completely voluntary.
2. Participant Qualifications. I hereby confirm that: (a) I am at least eighteen (18) years of age or if I am a Minor, my guardian is representing me and agreeing to all the terms in this Release by signing below; (b) I am physically, mentally, psychologically, physiologically, and emotionally capable of participating in the Ecotourism Activities; (c) I am able to comprehend and will comply with all of the instructions and safety requirements for participating in the Ecotourism Activities; (d) I am not under the influence of alcohol or any substance that might impair my judgment or physical capability or cause danger to others; and (e) I am participating in the Ecotourism Activities voluntarily and of my own free will.
3. Medical Concerns. I acknowledge that the Ecotourism Activities are designed for participants of at least average mobility and strength who are in reasonably good health. Individuals with any medical problems or concerns, including but not limited to neck, back, or shoulder problems; injuries, pain, or instability; cardiac conditions or diseases; obesity; high blood pressure; pulmonary problems; seizure disorders; problems with balance; pregnant women; or medical, physical, physiological, psychological, and psychiatric problems may increase any known or unknown inherent risks of the Ecotourism Activities and cause the Participant to be a danger to themselves. Individuals with any of these conditions and any and all other underlying medical problems or concerns that put them at greater risk of injury or illness during the Ecotourism Activities must carefully consider those risks before choosing to participate.
4. Acknowledgement of Risks. I understand that there are known and unknown risks inherent in and/or related to the Ecotourism Activities, including, but not limited to, risks from activities on the docks; entering and exiting the water; boarding or disembarking boats or kayaks; uneven and/or slippery surfaces; equipment malfunction, failure, or misuses; perils of the water and natural environment; harm caused by other vessels; acts of fellow participants and others; exposure to or contraction of COVID or any other illness, infectious disease, or health condition; falling, slipping, jolting, or jarring; environmental hazards such as the terrain and changing weather conditions; rocks, logs, limbs, and natural or manmade objects in waterways; encounters with plants, insects, or animals (including bites and stings); emotional risks and psychological trauma; fatigue, dehydration, overheating, and/or dizziness, and physical and mental exertion; accidents, property damage, injury, serious injury of any kind and/or death; subsequent injuries or accidents which may be compounded by negligent rescue operations or procedures of SBET or others; errors in judgment, or other negligence, by either me, other participants, SBET, or others; and unforeseeable events, all which may contribute to the chances of accident, injury, and/or death.
5. Assumption of Risks. I understand that, regardless of any precautions undertaken, my presence at or around the premises and participation in the Ecotourism Activities may expose me to inherent risks, including those described above, property damages, accidents, injury, and even death, all such risks being known and appreciated by me. I understand that no amount of care, caution, instruction, or expertise can eliminate these risks. I have decided to participate in the Ecotourism Activities because of pleasure and benefits I will obtain as a result of my participation. In all cases, known or unknown inherent risks, whether or not described above, must be accepted by those who choose to participate in the Ecotourism Activities. With full knowledge of the risks and having weighed the risks against the benefits I will obtain, I have made the knowing and voluntary decision to assume these risks, be present at and around the premises, and participate in the Ecotourism Activities. No one is forcing me to participate.
6. Limited or No Medical Facilities. I fully understand that any boat, vessel, or kayak of SBET has limited medical facilities, if any at all. In the event of my illness or injury, appropriate medical care must be summoned, and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
7. No Representations. No person associated with SBET has made any express or implied representation to me that they can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid indicating that I would like assistance, I will not hold any person or entity responsible for their actions in attempting the performance or rescue or first aid.
8. Safety Procedures. I acknowledge and agree to listen to and follow the rules, guidelines, and safety procedures for participating in the Ecotourism Activities, including, but not limited to the following:
- I will follow all instructions provided to me by SBET or its designated guides and staff.
- I will use all the provided equipment required for my safety.
- I will wear shoes that provide stability and are suitable for the Ecotourism Activities.
9. Hold Harmless. I hereby assume and accept all risks involved in my presence at or around the premises and participation in the Ecotourism Activities, and I agree to hold SBET and the Port harmless from loss as a result of any accidents, property damage, injury, serious injury of any kind, and/or death that I might sustain as a result my presence at or around the premises and participation in the Ecotourism Activities, including death.
10. Release. I hereby voluntarily, without duress, release in advance any cause of action or claim that I may have against SBET and/or the Port arising from any loss or injuries that I might sustain as a result of my presence my presence at or around the premises and participation in the Ecotourism Activities, including death.
11. Severability. The provisions of this agreement are severable, and if any are held to be invalid, the other provisions shall remain in full force and effect.
12. Right to Refuse Participant. I understand and agree that SBET reserves the right, in its sole discretion, to refuse to permit me to participate in the Ecotourism Activities, and that SBET may terminate my participation in the Ecotourism Activities if it believes I am incapable of following the instructions, meeting the safety requirements or the rigors of participating in the Ecotourism Activities, including for any medical or safety reasons. I specifically release SBET from any liability if I am prevented from participating in the Ecotourism Activities for any reason whatsoever.
13. Consent to Use Image. I give my permission for SBET and those acting upon its authority the right to take photographs and video and audio recordings of me and to use, publish, broadcast, and distribute my image, voice, appearance, pictures, or other likeness, in whole or in part, whether recorded digitally or embodied in print, on film or tape, or in any other manner now known or later developed, for any purpose whatsoever, throughout the world. This grant includes without limitation the right to edit, duplicate, and use the above in whole or in part as SBET may elect. I understand and agree that all copyright and other property rights in and to the photographs, video, or other media in which my image, appearance, picture, or other likeness may be embodied will be the sole and exclusive property of SBET and that SBET may use such without any compensation to me.
I UNDERSTAND THAT IN THE EVENT I SUSTAIN AN INJURY OR SUFFER DAMAGE OR LOSS DUE TO MY PRESENCE AT AND AROUND THE PREMISES OR PARTICIPATION IN ECOTOURISM ACTIVITIES, I HAVE VOLUNTARILY GIVEN UP RIGHTS I MAY HAVE TO HOLD ST. BERNARD ECOTOURISM, LLC AND THE ST. BERNARD PORT, HARBOR AND TERMINAL DISTRICT OF THE STATE OF LOUISIANA, THEIR AFFILIATE(S), OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND/OR EMPLOYEES, AND ALL OTHER PERSONS, CORPORATIONS, ASSOCIATIONS, PARTNERSHIPS, OR OTHER ENTITIES WHO MAY BE CONNECTED WITH THEM IN ANY WAY, RESPONSIBLE FOR MY INJURY OR PROPERTY DAMAGE. I HEREBY WAIVE ANY CLAIM I OR MY SUCCESSORS OR HEIRS MAY HAVE AGAINST ANY OF THE ABOVE PERSONS OR ENTITIES AND RELEASE AND HOLD HARMLESS SUCH PERSONS OR ENTITIES FROM ANY LOSS, DAMAGE, LIABILITY, AND EXPENSE, INCLUDING COURT COURTS AND ATTORNEY FEES, THAT MAY BE INCURRED AS A RESULT OF PROPERTY DAMAGE OR INJURIES, INCLUDING DEATH, ASSOCIATED WITH MY PRESENCE AT OR AROUND THE PREMISES AND/OR PARTICIPATION IN ECOTOURISM ACTIVITIES.
November 30, 2023