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Belize time: 8:00 pm
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The activities offered by Hammerhead Water Sports Belize and Coral Breeze include, but are not limited to, snorkeling, cave and river tubing, and scuba diving. Each of these activities involves some degree of risk. The information below is intended to advise you of the primary risks associated with the main activities we offer. Please review the section that pertains to the activity (or activities) you have selected. If your selected activity is not featured, please review the section that pertains to "Other Activities". All participants should also read the "General Terms and Conditions" section.
By agreeing to the terms and conditions in this liability release, you affirm that you have been advised and informed of the inherent hazards of the activity in which you have willingly agreed to participate.
Snorkeling
I understand that snorkeling has inherent risks and dangers associated therewith including, but not limited to, risks associated with equipment failure, being struck by surface crafts, perils of the sea, contact with wild animals, acts of fellow divers/snorkelers, and I specifically assume all risks associated with my activity whether foreseen or unforeseen.
I understand that past or present medical conditions may be contraindicative to my participation in snorkeling/skin diving/swimming activity, and I affirm that I suffer from no past or present medical conditions that preclude snorkeling. I affirm that I am in good mental and physical fitness for snorkeling. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have a history of seizures, dizziness, nor fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack, etc.). I further affirm that I do not have a history of respiratory problems such as asthma, emphysema or tuberculosis.
I affirm that I am not under the influence of any drugs that are contradictory to snorkeling/skin diving. If I am taking medication, I affirm that I have seen a physician and I have approval to snorkel/skin dive/swim under the influence of the medication/drugs.
I understand that snorkeling can be a physically strenuous activity and that I will be exerting myself during the snorkeling excursion and if I am injured as a result of heart attack, panic, hyperventilation etc. that I assume the risk of said injuries. I understand and agree that neither my instructors, guides, and the facility through which I conduct snorkeling, Hammerhead Water Sports Belize and Coral Breeze, nor any of their respective employees, officers, agents or assigns (hereafter referred to as "Released Parties"), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assigns that may occur as a result of my participation in snorkeling or as a result of the negligence of any party including the Released Parties, whether passive or active or as a result of product defect or failure of any sort.
I affirm that I will inspect all of my equipment and all equipment that I am renting from Hammerhead Water Sports Belize prior to the activity and will notify Hammerhead Water Sports Belize employees, assigns, guides, agents, if any of my equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to snorkeling/swimming.
I affirm that I will wear my buoyancy vest at all times while in the water, and if I become distressed, I will immediately inflate it for flotation assistance. I also understand that sea conditions may change while we are en route or on site at any time during the trip and that it is a function of the environment. I will not hold the Released Parties responsible for sea conditions that are out of their control.
I acknowledge that Hammerhead Water Sports Belize is providing transportation only to and from a location for me to pursue my in-water activities and that the captain, mate, guide and other agents, employees or assigns, while assisting on-board the vessel, are not providing protection from the perils of swimming or snorkeling and are not responsible for my safety while in the water.
I fully understand and am fully aware that the tour boat has limited medical facilities and that in the event of an illness or injury, appropriate medical care may need to be summoned by mobile phone or radio and that the treatment will be delayed until I can be transported to a proper medical care facility.
Cave and River Tubing
I understand that cave and river tubing has inherent risks and dangers associated therewith including, but not limited to, risks associated with physical exertion, perils of rivers and streams, contact with wild animals, acts of fellow participants, and I specifically assume all risks associated with my activity whether foreseen or unforeseen.
I affirm that I am physically fit and able to partake in cave or river tubing. I affirm that I have not consumed drugs or other chemicals that could impair my ability to participate in cave or river tubing.
I understand that cave and river tubing is a physically strenuous activity and that I will be exerting myself during cave or river tubing and that if I am injured as a result of a heart attack, panic, hyperventilation etc., that I expressly assume the risk of said injuries. I understand and agree that neither my instructors, guides, and the facility through which I conduct cave or river tubing, Hammerhead Water Sports Belize and Coral Breeze, nor any of their respective employees, officers, agents or assigns (hereafter referred to as "Released Parties"), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assigns that may occur as a result of my participation in cave or river tubing or as a result of the negligence of any party including the Released Parties, whether passive or active or as a result of product defect or failure of any sort.
I also understand that conditions of the natural environment may change while we are en route or on site at any time during the trip and that it is a function of the environment. I will not hold the Released Parties responsible for conditions of the natural environment that are out of their control.
I fully understand and am fully aware that medical facilities are limited or non-existent in the areas in which the cave and river tubing is conducted, and that in the event of an illness or injury, appropriate medical care may need to be summoned by mobile phone or radio and that the treatment will be delayed until I can be transported to a proper medical care facility.
Scuba Diving
I understand that scuba diving has inherent risks and dangers associated therewith including, but not limited to, the utilization of compressed air. Decompression sickness, embolism, or any hyperbaric injuries can occur in association with scuba diving, each of which require treatment in a recompression chamber. I further understand that the scuba dive may take place at a site too far from a recompression chamber in distance or time. I nonetheless choose to participate in the tour in spite of the possible absence of a recompression chamber in proximity to the dive site.
I understand that past or present medical conditions may be contraindicative to my participation in scuba diving, and I affirm that I suffer from no past or present medical conditions that preclude scuba diving. I affirm that I am in good mental and physical fitness for scuba diving. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have a history of seizures, dizziness, nor fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack, etc.). I further affirm that I do not have a history of respiratory problems such as asthma, emphysema or tuberculosis.
I affirm that I am not under the influence of any drugs that are contradictory to scuba diving. If I am taking medication, I affirm that I have seen a physician and I have approval to scuba dive under the influence of the medication/drugs.
I understand that scuba diving can be a physically strenuous activity and that I will be exerting myself during the tour and that if I am injured as a result of heart attack, panic, hyperventilation, etc., that I expressly assume the risk of said injuries. I understand and agree that neither my instructors, guides, and the facility through which I conduct scuba diving, Hammerhead Water Sports Belize and Coral Breeze, nor any of their respective employees, officers, agents or assigns (hereafter referred to as "Released Parties"), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assigns that may occur as a result of my participation in scuba diving or as a result of the negligence of any party including the Released Parties, whether passive or active or as a result of product defect or failure of any sort.
I affirm that I will inspect all of my equipment and all equipment that I am renting from Hammerhead Water Sports Belize prior to the activity and will notify Hammerhead Water Sports Belize employees, assigns, guides, agents, if any of my equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to scuba diving.
I understand that Hammerhead Water Sports Belize is designed to provide me with a safe introduction to breathing underwater. This tour is not intended to train me as a competent diver. I further understand and agree that I must be thoroughly instructed in a certification course under direct supervision of a qualified instructor to become a certified, competent diver.
I also understand that sea conditions may change while we are en route or on site at any time during the trip and that it is a function of the environment. I will not hold the Released Parties responsible for sea conditions that are out of their control. I acknowledge that Hammerhead Water Sports Belize is providing transportation only to and from a location for me to pursue my in-water activities and that the captain, mate, guide and other agents, employees or assigns, while assisting on-board the vessel, are not providing protection from the perils of scuba diving and are not responsible for my safety while in the water.
I fully understand and am fully aware that the tour boat has limited medical facilities and that in the event of an illness or injury, appropriate medical care may need to be summoned by mobile phone or radio and that the treatment will be delayed until I can be transported to a proper medical care facility.
Captain Your Own River Boat
I acknowledge that I have been advised to wear a lifejacket while boating. Instructions in the proper use of the boat, motor and lifejacket are available from the guides. I am aware that the physical exertion required by small craft boat piloting and the forces exerted on the body could activate or aggravate pre-existing physical injuries, conditions, symptoms, or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with small craft boat piloting in tropical rivers and streams. I acknowledge that I’m not nor will I be under the influence of drugs or alcohol while participating in these activities.
Despite the best efforts of the Operator to provide a safe, well guided tour, I am aware that Captain Your Own River Boat Activities involve many risks, dangers, and hazards including, but not limited to: accidents which occur during transportation or travel to and from the river; the overturning or upsetting of boats; sudden violent and unexpected movement of the boat; entrapment by trees, logs, rocks or equipment; falling from the boat into the water; impact or collision with rocks, logs, deadfall, other vessels, and other boating equipment; encounters with domestic or wild animals; high winds; equipment failure; variation in the water conditions, surfaces and currents; and the negligence of other boaters. I am also aware that back country jungle travel involves many risks, dangers and hazards, including but not limited to many obstacles and hazards; water ways or terrain that may not have been traveled and is not regularly patrolled or inspected; becoming lost or separated from the guide or party; rapid and extreme change in weather conditions and negligence of other participants. Communication in the jungle may be difficult, and in the event of an accident; rescue and medical treatment may not be available. I am also aware that THERE IS A RISK OF NEGLIGENCE ON THE PART OF THE OPERATORS, INCLUDING THE FAILURE BY THE OPERATORS AND THEIR STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
In consideration of Hammerhead Watersports (THE OPERATORS) agreeing to my participation in the Captain Your Own River Boat Tour and permitting my use of its equipment (hereinafter referred to as the “tour facilities”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against THE OPERATORS, CORAL BREEZE TOURS, BANNISTER RESORT, THE CRUISE LINE, IF ANY, THE BELIZE TOURISM VILLAGE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, GUIDES, INSTRUCTORS, INDEPENDENT CONTRACTORS, SUB-CONTRACTORS AND REPRESENTATIVES (all of whom are hereinafter referred to as the “RELEASEES”) AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in Captain Your Own River Boat, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS, AND HAZARDS OF THE JUNGLE BOATING ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Tour Activities;
3. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death;
4. That this Agreement shall be governed by and interpreted in accordance with the laws of Belize; and
5. That any litigation involving the parties to this Agreement shall be brought within the Country of Belize.
6. PHOTO RELEASE - I consent to photographs taken of me during my participation in the Activities, and to publication of the photographs by the Operators for advertising, promotional and marketing purposes.
7. Should any part if this document be adjudged to be unenforceable by a court of competent jurisdiction the remainder of the Agreement shall remain valid and enforceable.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Captain Your Own River Boat Tours other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY CONSENTING TO THIS AGREEMENT I AM WAIVING CERTAIN RIGHTS WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Other Activities
I understand that all of the activities offered by Hammerhead Water Sports Belize and Coral Breeze have inherent risks and dangers associated therewith including, but not limited to, risks associated with equipment failure, perils of the natural environment, contact with wild animals, acts of fellow participants, and I specifically assume all risks associated with my activity whether foreseen or unforeseen.
I understand that past or present medical conditions may be contraindicative to my participation in the selected activity, and I affirm that I suffer from no past or present medical conditions that preclude my participation. I affirm that I am in good mental and physical fitness for the selected activity. I affirm that I am not under the influence of any drugs that are contradictory to the activity. If I am taking medication, I affirm that I have seen a physician and I have approval to participate in the activity under the influence of the medication/drugs.
I understand that the activity may be physically strenuous and that I may be exerting myself during the activity and if I am injured as a result of heart attack, panic, hyperventilation etc. that I assume the risk of said injuries. I understand and agree that neither my instructors, guides, and the facility through which I conduct the activity, Hammerhead Water Sports Belize and Coral Breeze, nor any of their respective employees, officers, agents or assigns (hereafter referred to as "Released Parties"), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assigns that may occur as a result of my participation in the activity or as a result of the negligence of any party including the Released Parties, whether passive or active or as a result of product defect or failure of any sort.
I affirm that I will inspect all of my equipment and all equipment that I am renting from Hammerhead Water Sports Belize prior to the activity and will notify Hammerhead Water Sports Belize employees, assigns, guides, agents, if any of my equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to the activity.
I also understand that conditions of the natural environment may change while we are en route or on site at any time during the trip and that it is a function of the environment. I will not hold the Released Parties responsible for conditions of the natural environment that are out of their control.
I fully understand and am fully aware that medical facilities may be limited or non-existent in the areas in which the activity is conducted, and that in the event of an illness or injury, appropriate medical care may need to be summoned by mobile phone or radio and that the treatment will be delayed until I can be transported to a proper medical care facility.
General Terms and Conditions
I affirm that I am of lawful age and legally competent to agree to this liability and release, or that I have acquired the written consent of my parent or guardian. I understand that the terms herein are contractual and not mere recital; and that I have agreed to this liability release of my own free act. I further affirm that I am acting with the consent and agreement of all the members for whom this reservation has been made.
I understand that if any portion of this liability release is found to be invalid or inapplicable by a court of competent jurisdiction, that portion shall be severed and the balance of the agreement shall remain in full force and effect.
In consideration of being allowed to participate in the tour, I hereby save and hold harmless said tour and I personally assume all risks in connection with said tour for any harm, injury, or damage that may befall me while I am participating in the tour, including all risks connected therewith, whether foreseen or unforeseen.
BY THIS DOCUMENT, I AGREE TO EXEMPT AND RELEASE ALL RELEASED PARTIES AS DEFINED ABOVE FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE OR AS A RESULT OF PRODUCT DEFECT OR FAILURE OF ANY SORT.
I HAVE FULL INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE BY READING IT BEFORE INDICATING MY ASSENT ON BEHALF OF MYSELF AND MY HEIRS.
I HAVE READ THIS RELEASE AND ACKNOWLEDGE THAT ANY LAWSUIT BROUGHT BY ME OR MY PERSONAL REPRESENTATIVE AGAINST ANY RELEASED PARTY WILL BE DISMISSED WITHOUT TRIAL.
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