VI Jet Tours LLC DECLARATION OF FITNESS TO RIDE/USE: JETSKIS/Jet-Boat/JETPACK/SNORKEL/BEACH EQUIPMENT/kayaks, and guided hike. Notice- By signing this document you. may be waiving certian legal rights, including the right to sue. Release and Waiver of claims; Assumption of risk; Indemnification Agreement. In consideration of being allowed to use the facilities and vessles and participate in fishing, snorkeling, boating, and other activities (collectivley the "Activities") provided by the VI Jet Tours.(collectivley the "Host"), the Participant, and the Participant's parent(s) or leagal gaurdian(s) if the Participant is a minor, do hereby agree, to the fullest extent, permitted by law, as follows: TO WAIVE ALL CLAIMS That they have or may have against the Host arising out of the Participant's participation in the Activities or the use of any equpment provided by the Host ("Equipment"), including while recieving instructions and/or training; TO ASSUME ALL RISKS of participating in the Activities and using the equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or leagal gaurdian(s) understand that there are inherit risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death; TO RELEASE the Host, its ownders, affiliates, operators, employees, agents and/or officers from all liability for any loss, damage,injury,death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while recieving instructions and/or training. The Participant and his/her parent(s) or legal gaurdian(s) specifically undersrtand that they are releasing any and all claims that arise or may arisse from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be constructed as a release for conduct that is found to consitute negligence or intentional conduct and; TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participating in the activities and/or use of the Equipment, including while receiving instructions and/or training. Personal Responsibility The Participant and his/her parent(s) or legal gaurdian(s) certify that the Participant has no physical or mental condition(s) that precludes him/her from participating in the Activities and that he/she is not participating agaisnt medical advice. The Participant and his/her parent(s) or legal gaurdian(s) understand that Participant's participation in the Activities is volunary and further understand that they have all opportunity to inspect the Host's Equipment, vessles, and facilities before any participation. The Participant and his/her parent(s) or legal gaurdian(s) understand that the Host's vessels have limited medical facilities and that in the event of illness or injury, appropriate medical care must be summoned by radio, and so treament may be significantly delayed until Participant can be transported to a proper medical facility. The Participant and his/her parent(s) or legal gaurdian(s) understand that the Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Participant or his/her parent(s) or legal gaurdian(s) observe any unusual hazard or condition, which they belive jeopardizes Participant's personal saftey or that of othewrs, Participant and/ or his/her parent(s) or legal gaurdian(s) will remove Participant from participation in the Activities and immediately bring said hazard to the attention of the Host. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. This excursion or any activity may involve certian inherent risks, including death and personal injury, and I have not relied on any statements of the ticket seller or cruise line in selecting this excursion or activity. I agree the ticket seller or cruise line is not responsible for, and has no control over, the actual operations of this excursion or activity, I hereby irrevocably and permanently release any and all claims of any kind of nature whatsoever, including but not limited to claims for personal injury, death, loss damage or delay, against any cruise lines involved in my travel and entity selling tickets to this excursion or activity. I and everyone in my party meet any age or health restrictions for this excursion or activity.
