I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE FALMOUTH MYSTIC LAGOON TOURS, THEIROWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOAT(S) AND/OR EQUIPMENT (WHETHER OWNED,OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESSFROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIRPART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
I UNDERSTAND THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING, SNORKELING, DIVING, BOATING, WATERSPORTSAND OTHER AQUATIC-BASED ACTIVITIES included but not limited to equipment failure, perils of the sea, action of the sea,wind, waves and boat wake, harm caused by marine creatures (including bites and/or attacks), acts of fellow participants orguests, entering and exiting the water, transferring between boats, aquatic-based activities, boarding or disembarking boats,and activities on the docks and approaches and I HEREBY ASSUME SUCH RISKS.
I UNDERSTAND I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
I assert I am physically fit to swim, snorkel and participate in aquatic-based activities and ride on a boat and/or equipment andI will not hold the RELEASED PARTIES responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise)which occur while swimming, snorkeling, riding on the boat or equipment, or otherwise participating in the trip or activities.
If I become distressed during the trip or whilst otherwise participating in activities, I will immediately notify the crew and askfor assistance.
I fully understand the involved boat and/or equipment has limited medical facilities and in the event of illness or injuryappropriate medical care must be summoned by radio or telephone and treatment will be delayed until I can be transportedto a proper medical facility. I agree in advance to these conditions.
The RELEASED PARTIES have made no representation to me implied or otherwise they or their crew can or will perform saferescues or render first aid. If I show signs of distress or call for aid, I would like assistance and will not hold the RELEASEDPARTIES, their crew, boats, equipment or passengers responsible for their actions in attempting the performance or rescue orfirst aid.
IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY 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 PARTIESAND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE ORWRONGFUL DEATH CAUSED BY NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SWIMMING, SNORKELING,BOATING AND AQUATIC ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT ORORGANIZATION OF THIS ACTIVITY.
I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of thiscontract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entireagreement between RELEASED PARTIES and the undersigned. There are NO WARRANTIES expressed or implied, which extendbeyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDINGCONTRACT.
I speak and read and understand the English language and understand the content of this document. The captain and/or crewhave explained this document to me.
I have read this agreement and I am aware it is a release of liability and a contract between me and the RELEASED PARTIES.I sign itof my own free will and agree to be bound by it, from the date of my signature, forever into the future.
