Cruise Reservations
RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, Harbor Seal Boat Tours LLC, a Massachusetts limited liability company ("HSBT") offers maritime tours (the "Activity") and is willing to permit the individual (the "Invitee") signing this Release and Wavier of Liability Agreement (the “Agreement”) to participate in the Activity upon the terms and conditions contained herein. HSBT and the Invitee may be collectively referred to as (the "Parties").
In consideration for being provided the opportunity to participate in the Activity, the Invitee signing below hereby stipulates and agrees as follows:
1. Assumption of Risk. I understand and acknowledge that the Activity I want to participate in is dangerous and involves risk, including without limitation, risk arising from: (i) water, such as drowning, injury by marine animals, plant life or man-made or natural objects in the water; (ii) unaccustomed physical activity; (iii) embarking or disembarking a vessel; (iv) presence in the dynamic environment of a vessel on the water; (v) weather, waves, wakes and other forces of nature, and; (vi) the negligent acts of others. I further understand and acknowledge that participating in the Activity involves the risk of serious injury, temporary or permanent disability or death. I understand that HSBT does not provide medical services and that any injury I may sustain while participating in the Activity may be compounded by negligent or delayed medical service by HSBT. NOTWITHSTANDING THE FOREGOING, I VOLUNTARILY AND FREELY ACCEPT AND ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR AS A RESULT OF MY PARTICIPATION IN THE ACTIVITY, INCLUDING THE RISK OF INJURY, DISABILITY OR DEATH, EVEN IF CAUSED BY THE NEGLIGENCE OF HSBT, ITS MANAGER, MEMBER(S), AFFILIATES, PARTNERS, OPERATORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, "RELEASED PARTIES").
2. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release HSBT and the Released Parties from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my participation in the Activity, whether caused by the negligence of HSBT or any of the Released Parties or by any other reason. I acknowledge and agree that this Agreement is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of HSBT and the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while participating in the Activity.
3. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the HSBT or the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against HSBT or the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while participating in the Activity.
4. Indemnification. I hereby agree to defend, indemnify and hold harmless HSBT and the Released Parties from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by HSBT or the Released Parties arising as a result of my participation in the Activity.
5. Medical Treatment Release. I hereby authorize HSBT and its employees, agents and representatives to secure, and I consent to, any medical treatment that may be given to me should it be determined, in their sole discretion, that I need medical care, as a result of or during my participation in the Activity. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release HSBT, the Released Parties and all other parties involved from any type of liability for anything that may happen during my treatment or transport.
6. Responsibility from Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my personal property that I bring onto the vessel and that HSBT will not be responsible for, or provide any security for, my personal property.
7. Fitness for Participation. I represent and warrant to HSBT that I do not have any physical limitations, medical ailments or physical or mental disabilities that would limit or prevent me from participating in the Activity. I further represent and warrant to HSBT that that I do not have any pre-existing physical conditions or medical ailments that could be aggravated by my participation in the Activity.
8. No Representation. I acknowledge that HSBT has no representation as to the safety of the Activity. I acknowledge and agree that I am not relying upon any representation or statement by HSBT or it employees, agents, sponsors, or representatives regarding this Agreement or Activity.
9. Governing Law; Venue. This Agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement must be brought exclusively in any state court located in Barnstable County or any federal court located in Suffolk County.
10. Survival. The terms and provisions of this Agreement shall survive indefinitely.
11. Severability. In the event that any provision of this Agreement shall be held to be invalid, illegal or unenforceable at law or in equity, such provision shall be construed by the appropriate judicial body by limiting or reducing it so as to be enforceable to the fullest extent compatible with the then applicable law and the remaining provisions or portions shall remain in full force and effect.
12. Entire Agreement; Binding Effect. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS ON MINE, INCLUDING THE RIGHT TO SUE HSBT AND THE RELEASED PARTIES. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM FULLY COMPETENT AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.
IF EXECUTING THIS AGREEMENT ON BEHALF OF A PERSON UNDER THE AGE OF EIGHTEEN (18), I REPRESENT AND WARRANT TO HSBT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR NAMED BELOW, THAT I HAVE THE LEGAL RIGHT TO CONSENT ON BEHALF OF THE MINOR NAMED BELOW TO AND, BY SIGNING BELOW, I HEREBY DO CONSENT ON BEHALF OF THE MINOR NAMED BELOW TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Signature:
Printed Name:
Name of Minor(s) (if applicable):
Date:
Tour payments can be made via PayPal at:
harborsealboattours@gmail.com
Please feel free to call us at 774-207-0168 or e-mail at: harborsealboattours@gmail.com to discuss our tour offerings as we are able to customize and accomodate most requests.