St John Yacht Charters...Sailing vessel Survivan

Owner, Jason Carter

 

PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK

 

            In consideration of the services of St John Yacht Charters and business owner Jason Carter, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “SJYC.”), I hereby agree to release, indemnify and discharge SJYC.), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:

 

1. I acknowledge that sailing entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things” boat capsize, tidal conditions and currents, travel in remote areas, collision with objects or other water craft, prolonged exposure to cold water, hypothermia, accidental drowning, illness in remote areas, exposure to sun, strong wind, cold, storms, large waves, eddies and whirlpools, lightening, aggressive and/or poisonous marine life, wrist, arm, shoulder and or back injuries, slips and falls while hiking and rapidly changing adverse weather and water conditions. Furthermore, guides and crew have difficult jobs to perform. They seek safety but are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

 

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in the activity is purely voluntary, and I elect to participate in spite of the risks.

 

3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless SJYC. from any and all claims demands, or causes of action, which are in any way connected with my participation in this activity or my use of SJYC.’s equipment or facilities, including any such claims which allege negligent acts or omissions of SJYC.

 

4. I understand snorkeling is a physically strenuous activity and that I will be exerting myself during snorkeling related activities. I understand that working near, in, or on waterfront areas involves certain inherent risks, including but not limited to, the risks of possible injury, infection or loss of life. If I am injured as a result of a heart attack, panic, hyperventilation, etc., I expressly assume the risk of said injuries and will not hold the Released Parties responsible for the same. Despite these risks, I still choose to proceed in such activity. I know of no physical limitation which should keep me from undertaking the activities associated with this Event. In consideration of being allowed to participate in this activity, I hereby personally assume all risks in connection with the Event for any harm, injury, or damage that may befall me as a participant, including all risks connected therewith, whether foreseen or unforeseen. I further save and hold harmless said activity and Released Parties from any claim or lawsuit for personal injury, property damage, or wrongful death, by me, my family, estate, heirs, or assigns, arising out of participation in this activity, including both claims arising during the activity and after I complete the activity.

 

5. I understand and agree to follow the guidelines set forth by the operators of SJYC regarding the dog Triton. I agree that SJYC. is not liable for any injury resulting from not following these rules.

 

6. Should SJYC., or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

 

7. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear all the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

 

 

8. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall be in full force and effect.

 

 

            By signing this document, 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 SJYC. on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by its terms.

 

 

 

 

 

 

  1. Signature of Participant _______________________________Print Name_______________________________
  2. Signature of Participant _______________________________Print Name_______________________________
  3. Signature of Participant _______________________________Print Name_______________________________
  4. Signature of Participant _______________________________Print Name_______________________________
  5. Signature of Participant _______________________________Print Name_______________________________
  6. Signature of Participant _______________________________Print Name_______________________________
  7. Signature of Participant _______________________________Print Name_______________________________

 

 

PARENTS OR GUARDIANS ADDITIONAL INDEMNIFICATION

(Must be complete for participants under the age of 18)

            In consideration of ____________________, _______________________,__________________________ (print minor’s name) (“Minor”) being permitted by SJYC.. to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SJYC. from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

 

Parent of Guardian ____________________________Print Name________________________

 

 

 

 

 

PARENTS OR GUARDIANS ADDITIONAL INDEMNIFICATION

(Must be complete for participants under the age of 18)

            In consideration of ____________________, _______________________,__________________________ (print minor’s name) (“Minor”) being permitted by SJYC.. to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SJYC. from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

 

Parent of Guardian ____________________________Print Name________________________

 

 

 

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