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ASSUMPTION OF RISK AND INDEMNITY, WAIVER OF CLAIMS, AND RELEASE OF LIABILITY

IN CONSIDERATION OF MY VOLUNTARY PARTICIPATION IN THE SHARK EXPEDITIONS OFFERED BY ATLANTIC SHARK EXPEDITIONS LTD. (“ASE”), I UNDERSTAND THAT I AM BEING ASKED TO CAREFULLY READ AND AGREE TO ALL TERMS AND CONDITIONS PROVIDED BELOW: 

Summary of Activities and Risks:

Expeditions offered by ASE include traveling on water via boat, entering and exiting a shark cage in open waters from a boat, snorkeling/diving, and targeted viewing of wild sharks in open waters from a shark cage, whereby sharks are attracted to snorkelers/divers in the shark cage using bait for viewing at close distances (collectively the “Activities”). Potential risks associated with the Activities include, but are not limited to, sea sickness, slipping, falling, impalement, injurious contact with the boat or cage, shark cage breach, drowning, barotrauma, air embolism, gear failure, dehydration, sunburn, sun stroke, exhaustion, allergic reaction to sea life, stinging organisms, wildlife bites including shark bites, serious injury, paralysis, loss of limbs and even death (collectively the “Activity Related Risks”).

I Agree

Assumption of Risks:

I understand that boating, cage diving, snorkeling, and hookah diving are operated and supervised by the captain and crew of an independent third-party. I understand that all Activities by their very nature, include inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and that the Activity Related Risks may range in severity from minor injuries, such as scrapes and cuts, to catastrophic injuries anddeath. I hereby confirm, on my own behalf and on behalf of my minor, if applicable, that the Activity Related Risks have been disclosed to us, and that we have had a chance to ask questions and to satisfy ourselves as to the risks being assumed, and hereby confirm and agree on my own behalf and on behalf of my minor, if applicable, that my/our participation in the Activities, or any part thereof, is completely voluntary and that I/we knowingly and voluntarily assume all risks associated with the Activities, including all of the Activity Related Risks.

I also understand that the Activities require physical exertion, mental alertness, personal mobility, swimming ability, and coordination. I hereby confirm that I and my minors, if applicable, are fit to participate in the Activities and have no medical, physical, or emotional condition that might inhibit me or my minors from safely participating in any of the Activities, nor am I or my minors under the influence of any drugs (prescription or otherwise) or alcohol which would impair my/our ability to participate in the Activities. I further understand that I am ultimately responsible for my own safety and the safety of my minors, and I agree that I and my minors will diligently follow all safety procedures communicated to me by ASE and the captain and crew of the vessel.

I VOLUNTARILY, AND WITHOUT ANY DURESS, ON MY OWN BEHALF AND ON BEHALF OF MY MINORS, IF APPLICABLE, ASSUME ANY AND ALL RISKS, INCLUDING THE ACTIVITY RELATED RISKS, known or unknown, associated with the Activities and the services rendered by or in connection with the Activities. I further assume, on my own behalf and on behalf of my minors, if applicable, responsibility for obtaining all desired personal insurance coverage for myself and my minors (such as travel insurance, trip cancellation insurance, dive insurance, disability from personal injury, life insurance, personal property insurance, etc.).  

I Agree

Indemnify and Release:

In consideration of my and my minors’ participation in the Activities, I, for myself and on behalf of my minors if applicable, and our respective heirs, executors, administrators, legal personal representatives and assigns, hereby:

(A) release ASE and their respective directors, officers, employees, shareholders, owners, contractors agents, staff and volunteers (including boating operators and scuba and snorkeling instructors/supervisors), from and against any and all claims, demands, actions, causes of action of any sort, whether in law or in equity, losses, damages, liabilities and expenses of any nature or kind, resulting from or arising out of or in connection with the Activities and/or the risks associated therewith, including but not limited all claims relating to any loss, injury, illness, death or property damage or destruction or incidental or consequential damage that may be suffer by me or my minors;

(B) agree to indemnify and hold harmless ASE and the captain and crew from and against any and all claims, liabilities, penalties, damages, losses or expenses of any kind or nature whatsoever, incurred by either of them in connection with the Released Claims; and

(C) agree that ASE may video and photograph me, and record my voice, conversations, sounds and appearance in connection with the Activities and that ASE is the exclusive owner of such video(s), photography and recordings with the right to, anywhere in world and in perpetuity, copyright, publicize, market and use my image, voice and likeness and all videos, photographs, and recordings of my appearance and sound in any media format, including print, online, television, radio, and social media. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put.

I Agree

Cancellations and Insurance:

I understand that expeditions are subject to good weather, and that the Activities, including boating or cage snorkeling/diving, may need to be curtailed or even canceled in the event of weather concerns that may jeopardize my safety or comfort or the safety or comfort of other participants. I acknowledge that ASE is not responsible for any travel or other related expenses for which I may incur in the event of any cancellation or alteration of the Activities. I acknowledge that I have been advised by ASE to purchase dive accident insurance, travel insurance, and trip cancellation insurance. I acknowledge that I am not relying on the availability of any insurance from ASE or the captain and crew that would cover any damage to my personal property, my personal injury or even death, when assuming the risks set out herein and when granting the release and indemnity set out herein. 

I Agree

I ACKNOWLEGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THE FOREGOING AND HEREBY GREE TO ALL OF THE FOREGOING.  

I Agree

I UNDERSTAND THAT BY AGREEING TO THE TERMS OF THIS AGREEMENT, I AM RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. 

I Agree

Date: February 5, 2025

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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.
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