LIABILITY POLICY

Waiver of Liability and Assumption of Risk Agreement

 

Activities including Sailing, Snorkeling, Diving, E-Foiling, Kite Surfing, and Other Watersports. 

1. Acknowledgment of Risks: I,…………………………………………….understand and acknowledge that activities such as sailing, snorkeling, diving, e-foiling, kite surfing, and other watersports involve inherent risks. These risks include, but are not limited to, equipment failure, acts of nature, and accidents, which may result in serious injury or death.

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2. Assumption of Risk: I voluntarily assume all risks associated with these activities, whether known or unknown. I accept full responsibility for any personal injury, property damage, or death that may result from my participation.

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3. Compliance with Instructions: I agree to comply with all instructions and safety procedures provided by BONAIRE YACHT CHARTERS and its crew. Failure to follow these instructions may increase the risk of injury or harm.

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4. Fitness and Health: I declare that I am physically fit and do not have any medical condition that would prevent my safe participation in these activities.

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5. Release and Waiver of Claims: I hereby release, waive, and discharge BONAIRE YACHT CHARTERS its employees, agents, and affiliates from any and all claims, demands, or causes of action arising from my participation in these activities, including those resulting from the company’s negligence.

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6. Indemnification: I agree to indemnify and hold harmless BONAIRE YACHT CHARTERS against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities arising from my participation in these activities.

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7. Affiliates and Agencies: I understand that if I book through an affiliate or agency, BONAIRE YACHT CHARTERS is not responsible for any damage, loss, or injury resulting from such bookings. The responsibility for due diligence prior to participation lies with me, the participant.

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8. Boat and Marina Liability: I acknowledge that a boat is a movable object and any decision to board and participate in activities is taken at my own risk. BONAIRE YACHT CHARTERS is not responsible for injuries or accidents occurring on the marina premises; such incidents should be addressed directly to the resort or marina management.

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9. Jurisdiction: This agreement shall be governed by the laws of Bonaire BES. Any legal proceedings related to this agreement shall be resolved exclusively in the courts of Bonaire.

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10. Cruise Line Visitors: Cruise line visitors acknowledge that they are subject to the terms and conditions of this waiver.

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11. Acknowledgment of Understanding: I have read this waiver of liability and assumption of risk agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily.

 

Participant’s Name: ___________________________________

Participant’s Signature: _______________________________

Date: ___________________

If the participant is under 18 years of age, Parent or Guardian must also sign:

Parent/Guardian Name: _______________________________

Parent/Guardian Signature: ____________________________

Date: ___________________