In consideration of being allowed to voluntarily participate in the activity/tour provided by Sharkcana SRL (hereinafter "the Operators"), including but not limited to party boat, snorkeling tours, private charters, and deep sea fishing, by my signature below I hereby affirm that I am aware that the tour I have selected to participate in has inherent risks which may result in serious injury or death to me.
I understand that some, but not all, of the risks of participating in this activity which I am about to engage in may include negligence on the part of the Operators; physical and emotional injuries including paralysis or death; physical exertion for which I am not prepared; risks associated with preparation and/or consumption of food, water, and alcohol; dangers associated with the failure of equipment or vehicles used or associated with the tours, including breakdown or failure of safety equipment and/or driver error; design and product defects of any equipment used during the tour; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the inadequacy of medical attention once provided; lost, stolen or misplaced property; encountering uneven surfaces; slipping and/or tripping hazards; failing to warn of any known or unknown hazards including expected and unexpected forces of nature, extreme weather conditions and changes, currents, rough seas, hypothermia, seasickness or dizziness which may diminish reaction time, falling overboard, capsizing, drowning, exposure to the sun and/or other elements, collisions with other vessels, people, or land masses; injuries from operation of the vessels; unexpected actions and/or behavior during encounters with animals wild or domestic including biting, kicking or stinging; the transmission of diseases such as rabies; criminal activity; and/or the negligence of third parties. I understand this list is merely suggestive of the types of risks I may encounter and is not meant to be exhaustive.
In addition, for party boat, snorkeling tours, private charters, and deep sea fishing, I acknowledge that medical restrictions apply on this tour. Pregnant women and guests with medical conditions such as recent surgeries, diabetes, past and current cardiac conditions, respiratory and lung conditions such as epilepsy and asthma, high blood pressure, back or neck injuries, and guests taking any medication that might impair regular movement and body activity such as antidepressants, beta blockers, lithium and vein constrictors, ARE NOT ALLOWED TO PARTICIPATE in the party boat, snorkeling, private charter, or deep sea fishing activity for their own safety. In addition, guests who participate in snorkeling and deep sea fishing should be physically healthy, know how to swim, and be self-sufficient. This tour is not handicap accessible, and the sea conditions for deep sea fishing may change due to adverse weather.
In recognition of the risks disclosed and undisclosed, I hereby personally release the Operators, the hotel, the cruise line, their officers, directors, employers, volunteers, subsidiaries, agents, successors, assigns, affiliated companies and related companies, subcontractors, and their insurers (the "Released Parties"), of any and all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, including but not limited to said injuries or loss being caused by the negligence or the gross negligence of the Released Parties. I understand that this release absolves and releases the Released Parties for their own negligence, of any kind, pertaining to their involvement, of any kind, in the tour.
I further assume all risks of the tour, of every nature and kind, whether foreseen or unforeseen, however caused, related to the provision of, or in connection with, my enrollment and participation in the tour, that may befall me while I am participating in the tour. I further acknowledge that the ticket seller or cruise line is not responsible for, nor has control over, the actual operation of this excursion or activity, and that I have not relied on any statements of the ticket seller or cruise line in selecting this tour.
I understand and agree that I am not only giving up my right to sue the Released Parties, but also any right my estate, heirs and/or beneficiaries may have to sue the Released Parties resulting from my injury, death or incapacity. I fully agree, in consideration for being allowed to participate in the tour, to defend, hold harmless, and indemnify the Released Parties above for any injury which may befall me, my minor children, or those children for whom I am legally responsible, and further agree to hold blameless, defend and indemnify the Released Parties for any and all fees, costs, and/or damages incurred by the Released Parties as a result of any claims made which are expressly released by this agreement.
I further agree that if any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed from this agreement and the remainder of this agreement will then be construed as enforceable. This Agreement shall be governed by the laws of the Dominican Republic. Any legal action relating to or arising out of this Agreement against or with respect to the Operators shall be commenced exclusively in the Dominican Republic.
By my signature, I acknowledge that I am of legal age to sign this release and have fully read and understand the contents of this Liability Release Agreement before I signed it, on behalf of myself, my minor children, and those children for whom I am legally responsible.
This release is signed in person before your charter or tour. Questions? Contact us.