I/WE UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE I & I BOAT CHARTERS, THEIR OWNER, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WEATHER OWNED, OPERATED, LEASED, OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART. INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
1. I/WE UNDERSTAND, ONCE THE BOAT IS IN MOTION ALL PASSENGERS MUST REMAIN SEATED UNTIL THE CAPTAIN HAS INDICATED IT IS SAFE TO MOVE ABOUT. I/WE UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING, SNORKELING, AND BOATING, including but not limited to equipment failure, perils of the sea, harm by marine creatures (including bites), acts of fellow participants, entering and exiting the water, boarding or disembarking the boat, and activities on the docks and I/WE HEREBY ASSUME SUCH RISKS.
2. I/WE UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY/OUR SAFETY AND I/WE AGREE TO DO SO.
3. I/We assert that I/we are physically fit to swim, snorkel, and ride on a boat and I/we will not hold the Released Parties responsible if I/we are injured as a result of ANY problem (medical, accidental, or otherwise) which occurs while swimming, snorkeling, riding on the boat, or otherwise participating in the trip.
4. I/We will NOT remove my/our flotation device at ANY time while in the water. I/we acknowledge that not accepting the flotation device doing so will constitute a violation of safety rules and procedures on my/our behalf for which I/we expressly assume the risk.
5. I/We fully understand that the involved boat has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I/we can be transported to a proper medical facility. I/We agree in advance to these conditions.
6. I & I Boat Charters have made no representation to me/us implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I/we show signs of distress or call for aid, I/we would like assistance and will not hold the Released Parties, their crew, boats, or passengers responsible for their actions in attempting the performance of rescue or first aid.
7. IT IS MY/OUR INTENTION BY THIS INSTRUMENT TO GIVE UP MY/OUR RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN. WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY SWIMMING, SNORKELING, OR BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
8. I/We and my/our party consent to and give permission to have pictures taken by I & I Boat Charters and/or any of the company’s representative(s) to be posted to the company’s social media/ web sites for use in their advertising and promotions. I/We and my/our party release all rights to all pictures, videos, etc.
9. I/We have carefully read this contract in its entirety and by signing I/we have agreed to all terms.
Cancelation and Late Policy:
A CANCELLATION FEE OF 50% OF THE CHARTER SERVICE IS PAYABLE IF THE CLIENT CANCELS SERCIVES 72 HOURS PRIOR TO THE SCHEDULED TIME OF YOUR CHARTER.
A LATE FEE RATE OF $100.00 AN HOUR WILL BE CHARGED EVERY HOUR OVER THE SCHEDULED CHARTER TIME.
I/WE ACKNOWLEDGE THAT BY NOT COMPLETING THE ASSIGNED HOURS OF THE CHARTER I/WE ARE STILL LIABLE TO PAY FOR THE FULL CHARTER AS BOOKED.