TRUE BERMUDA CHARTERS

RELEASE AND WAIVER OF LIABILITY AND

INDEMNITY AGREEMENT

 

PARTIES

 

  1. TRUE BERMUDA LIMITED a local company incorporated and registered in Bermuda

  2. THE PARTICIPANT as more particularly defined in this agreement.

AGREED TERMS

  1. INTERPRETATION

The following definitions and rules of interpretation apply in this agreement.

Definitions

Activity: any activity in connection with a Charter offered by the Company which may include but is not limited to the use of the Kayak and Snorkelling Gear.

Boat: the sailing catamaran named “Azalea” with registered number M332 whose birth is at Caroline Bay Marina, Sandys Parish, Bermuda.

Charter: any one of the charters advertised by the Company on the Company website, by brochure, by social media or any other means and agreed to by the Participant.

Kayak: the kayak(s) owned by the Company and made available on a Charter for use of the Participant.

Participant: any person or persons acting in their own capacity or on behalf of his or her children, parents, heirs, next of kin, assigns or representatives who agrees to partake in any Charter offered by the Company

Police: the Bermuda Police Service and/or Bermuda Marine Police or any of its employees or representatives.

Snorkelling Gear: the snorkelling equipment on the Boat including masks, snorkels, flippers and any other device or aid associated with snorkelling provided by the Company for the use of the Participant on a Charter.

Boating

2.1 The following is understood and will be assumed in consideration of partaking in a Charter or Activity onboard the Boat.

  1. That there are inherent risks involved with boating, including but not limited to equipment failure, perils of the sea, harm caused by other vessels, acts of fellow Participants, entering and exiting the water, boarding or disembarking vessels and activities on the docks.

  2. That the Participant bears all responsibility for his or her own safety (including, without limitation, following all directions of the Boat’s captain and crew or staff) while participating in any Activity whilst on a Charter and verifies that he or she is physically able to participate.

  3. That the Boat has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio, telephone or emergency device and treatment could be delayed until the Participant can be transported to a proper medical facility.

  4. No person associated with the Company has made any express or implied representation that they nor the Boat’s crew or staff can or will perform safe rescues or render first aid.

  5. In the event that the Participant shows signs of distress or call for aid, the Participant would like assistance and will not hold any person or entity responsible for their actions in attempting the performance of rescue or first aid.

3 Kayaking

3.1 The following is understood and will be assumed in consideration of partaking in a Charter or Activity which includes the Kayak.

3.2 Kayaking entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties.

3.3 The risks while using the Kayak include without limitation to boat capsize, tidal conditions and currents, travel in remote areas, collision with objects or other watercraft, prolonged exposure to cold water, hypothermia, accidental drowning, mental anguish or trauma, illness in remote areas, adverse weather conditions, exposure to sun, strong wind, storms, large waves, lightning, aggressive and/or poisonous marine life; wrist, arm shoulder and/or back pain or injuries; slips and falls and rapidly changing weather conditions.

3.4 Such risks cannot be eliminated without jeopardizing the essential qualities of the use of the Kayak.

3.5 Participation in the use of the Kayak is purely voluntary and the Participant elects to participate in spite of the risks.

3.6 The Participant agrees not to allow or permit any other person not on a Charter of the Company to operate the Kayak unless that person is staff or crew of the Boat or an employee or agent of the Company.

4 Snorkelling

4.1 The following is understood and will be assumed in consideration of partaking in a Charter or Activity which includes the Snorkeling Gear.

4.2 That there are certain risks involved in snorkeling which include but are not limited to equipment failure, perils of the sea, harm caused by marine creatures, acts of fellow participants, entering and exiting the water, boarding or disembarking boats.

4.3 The Participant agrees that he or she is physically fit to snorkel and understands the use of the Snorkeling Gear.

4.4 The Participant agrees not to allow or permit any other person not on a Charter of the Company to use the Snorkelling Gear unless that person is staff or crew of the Boat or an employee or agent of the Company.

4.5 Participation in the use of the snorkel gear is purely voluntary and the Participant elects to participate in spite of the risks.

5 Waiver  

5.1 Upon signing this document the Participant agrees to release from liability and hold harmless the Company along with its directors, respective officers, employees, owners, members, managers, affiliates, agents, representatives, attorneys, heirs, personal representatives, successors and assigns, all individuals associated with a Charter or Activity and all individuals and entities having an interest in the Boat being used for a Charter from any and all liability, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind or character, of any type whatsoever (including negligence), arsing out of a Charter or Activity.

6 Indemnity

6.1 Upon signing this agreement the Participant agrees to indemnify and defend the Company against all claims, causes of action, damages, judgements, costs of expenses, including attorney fees and other litigation costs, which may in any way arise as a result of a Charter.

6.2 The Participant agrees to incur the cost and pay for all damages and/or loss of equipment to the Boat, the Kayak, the Snorkelling Gear or any other property owned by the Company during or after inspection within reasonable time of a Charter by the Participant’s negligence, recklessness or wilful actions.

The Participant agrees that he or she has carefully read and fully understands the contents of this agreement and asked for further clarification from the Company if there is anything in this agreement which he or she does not understand.