Mustique- St. Vincent

ATTRACTIONS OF ISLAND FEVER TOURS LIABILITY RELEASE, WAIVER, INDEMNIFICATION AND ASSUMPTION OF RISKS AGREEMENT (THIS IS A RELEASE AND WAIVER OF YOUR LEGAL RIGHTS - PLEASE READ CAREFULLY) IN CONSIDERATION OF BEING ALLOWED TO VOLUNTARILY PARTICIPATE IN THE ACTIVITY/TOUR PROVIDED BY ATTRACTIONS OF ISLAND FEVER TOURS (hereinafter "the OPERATORS") including but not limited to LIST OF EXCURSIONS/TOURS (ACTIVITIES) by my signature below, I hereby affirm that I am aware the tour I have selected to participate in has inherent risk which may result in serious injury or death to me. I understand that some, but not all the risks of participating in this activity to which I am about to engage 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 associated 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, 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 the disease such as rabies; criminal activity; and or the negligent of third parties. I understand this list is merely suggestive of the types I may encounter and is not meant to be exhaustive. In addition, for SNORKELING, SWIMMING, Etc. I acknowledge that medical restrictions apply on this tour including the children under the age of 8, Pregnant Women and Guests with Medical conditions such as Recent Surgery, 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 movements and body activity such as antidepressants, beta-blockers, lithium and base vein constrictors SHOULD NOT PARTICIPATE IN KAYAKING, SNORKELING OR SWIMMING FOR THEIR OWN SAFETY. In addition, Guests who participate in snorkeling should be physically healthy, know how to swim and be self-sufficient. This tour is not handicap accessible and the snorkel site may change due to adverse weather conditions. In recognition of the risks disclosed and undisclosed. I HEREBY PERSONALLY RELEASE THE OPERATORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, 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 IN 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 understand and agree that I am not only giving up my right to sue the released parties, but also any rights my estate, heirs, assigns 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, and for any injury which may befall me, my minor children or those children for whom I am legally responsible and further agree to hold harmless, 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 be construed enforceable. This Agreement shall be governed by the laws of ST. VINCENT & THE GRENADINES. Any legal action relating to or arising out of this Agreement against or with respect to the OPERATORS shall be commenced exclusively in ST. VINCENT & THE GRENADINES. BY CHECKING THIS BOX, I ACKNOWLEDGE THAT I AM OF LEGAL AGE TO AGREE TO 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.