パラダイス島のチャーター用半潜水型ガラス底船舶

Definitions: The “Participant” means a person who is participating in the Activity, as defined herein, and where the Participant is under the age of 18 includes the Participant’s parent(s) or legal guardian(s). Any reference to the “Operator” is a reference to The Company. and includes, without limitation, any and all affiliated or associated companies, shareholders, owners, officers, directors, servants, agents, employees, successors, assigns, parents, predecessors, subsidiaries, affiliates and insurers. The “Activity” means any activity or excursion provided, offered, arranged, managed, or controlled by the Operator, and includes but is not limited to boating, snorkeling, or other aquatic activity; and includes all use of the equipment, property, premises, and facilities of the Operator for any purpose. Assumption of Risk, Release, Indemnification: In consideration of being allowed to participate in any Activity provided by the Operator at any time following the execution of this Release Agreement, the Participant does hereby agree, to the fullest extent permitted by law, to unconditionally and irrevocably: 1) ASSUME ALL RISKS of participating in any Activity, even those caused by the negligent acts or conduct of the Operator. The Participant acknowledges that such risks include, but are not limited to, risks arising from boat or other equipment malfunction, weather, drowning, sunburn, collisions, wildlife, and negligence. The Participant further acknowledges that taking part in any Activity involves the risk of loss, damage, serious physical injury, and/or death; 2) RELEASE the Operator from all liability for any loss, damage, injury, death, or expense that the Participant (or their estate, dependents, or next of kin) may suffer, arising out of or in any way connected with any Activity; and to RELEASE the Operator from any and all demands, liabilities, rights, claims, actions, suits, damages, judgments, costs, executions, or expenses arising out of or in any way connected with any Activity, which the Participant now has or any time hereafter may have, or but for this Release Agreement could or might have had in law or in equity, including but not limited to claims of negligence and/or breach of contract; and 3) INDEMNIFY and hold harmless the Operator from any and all demands, liabilities, rights claims, actions suits, damages, judgments, costs, executions, or expenses arising out of or in any way connected with the Participant’s participation in any Activity. Photography & Video Release: the Participant hereby grants the Operator the right to take photographs and videos of the Participant and grants the irrevocable, absolute, worldwide right, license and permission, without any additional cost, to copyright, publish, or use the Participant’s name, likeness, image, voice, and audio footage or film obtained during the Participant’s participation in any Activity for any lawful purpose. Venue, Choice of Law: Any and all claims arising from, or related to, the Activity, including any dispute over the enforceability of this Release Agreement, shall be brought in a court of competent jurisdiction in the Commonwealth of The Bahamas. All such disputes shall be governed by and in accordance with the laws of the Commonwealth of The Bahamas. To the extent that any portion of this Release Agreement is deemed to be invalid under the law of the Bahamas, the remaining portions of the Release Agreement shall remain binding and available for use by the Operator and its counsel in any proceeding. Miscellaneous: The Participant understands and acknowledges that they are obligated to follow the rules of each Activity and that they can minimize their risk of injury through the exercise of common sense and by being aware of their surroundings. If, while participating in any Activity, the Participant observes any unusual hazard, which they believe jeopardizes their personal safety or that of others, they will remove themself from participation in the Activity and immediately bring said hazard to the attention of the Operator. The Participant further acknowledges, represents, and warrants that they have read and understood this Release Agreement and voluntarily agree to the terms herein.