Waiver

  1. I understand that my participation and/or involvement in charter activities such as fishing, snorkeling, swimming, and boating (hereafter “the Activity”) carries with it the potential for risks including risks to personal safety. I further acknowledge that these risks could cause me harm, including, but not limited to, bodily injury.  I am nonetheless a willing participant in the Activity.

  2. By signing this agreement (hereafter “this Agreement”), I agree to the maximum extent permissible at common law and under the Unfair Contract Terms Ordinance CAP 17.11 (but not otherwise) to release, indemnify and hold harmless Relentless Charters TCI LTD (hereafter “RELENTLESS”), as well as all its directors, officers, employees, agents, representatives, successors etc from all losses, claims, demands, liabilities, causes of action or expenses, known or unknown, arising out of my participation in the Activity. I voluntarily assume full responsibility for all risks associated with the Activity in accordance with the above.

  3. This Release shall be construed so that it excludes or limits liability to the maximum extent permissible under (but compliant with) the common law and the Unfair Contract Terms Ordinance CAP 17.11 for all claims, whether in tort, contract or otherwise. All claims by third parties are released and waived fully.

  4. I acknowledge that I am physically fit to participate in the Activity. I am not taking, nor have I consumed any drugs or medication, legal or illegal. I am not under the influence of alcohol, nor am I affected by recent alcohol intake. I understand that it is my responsibility to ensure I am in good physical shape for the Activity and am not dehydrated.

  5. I will be present at and attentive to the safety briefing given by the instructor and if there is anything I do not understand, I will inform the instructor immediately. I will conduct myself at all times in a manner consistent with the safety briefing.

  6. I fully understand that any boat which may be used for the Activity has limited medical facilities and that in the event of an illness or injury, appropriate medical help must be summoned by radio or cell phone, and that communications can at times be difficult. Treatment may consequently be delayed.

  7. It is my intention in signing this Agreement to bind myself and the members of my family and spouse (if any), my estate, heirs, administrators, assigns and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activity shall be construed in accordance with the laws of the Turks & Caicos Islands (‘TCI”).  The courts of the TCI shall be the exclusive forum for any lawsuits arising from the Activity or incident to this Agreement.  The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions shall not be affected thereby.