TERMS & CONDITIONS

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH CHARTERING/SNORKELING, ETC, including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS. I UNDERSTAND THAT I HAVE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

I assert that I am physically fit to ride on a boat and I will not hold the vessel “WYUNA” & “ELUSIVE” and/or  SAIL BERMUDA or their employees, agents or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while chartering the boat or otherwise participating in the trip.

I fully understand that the vessel “WYUNA” & “ELUSIVE” has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility.  I agree in advance to these conditions.

SAIL BERMUDA and vessel “WYUNA” & “ELUSIVE,” have made no representations to me, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid.  In the event I show signs of distress or call for aid, I would like assistance and will not hold SAIL BERMUDA or vessel “WYUNA” & “ELUSIVE,” their crew or passengers responsible for their actions in attempting the performance or rescue of first aid.

I agree to forever discharge and release SAIL BERMUDA, vessel “WYUNA” & “ELUSIVE,” its employees and agents, the owner(s) of SAIL BERMUDA, vessel “WYUNA” & “ELUSIVE,” and affiliates, from any and all responsibility or liability for any and all injuries or damages.  I agree NOT to make a claim against or sue any of the above parties for injuries or damages whether they arise or result from any NEGLIGENCE or other liability, EVEN IN CASES OF GROSS NEGLIGENCE.  I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur as a consequence of my participation in any  activities with or involving the released parties.

WHEN COMPLETING A CHARTER BOOKING YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.