Waiver of liability to Black Pearl Party Cruises Inc & the owners of the vessel Jolly Roger 1.
In consideration of my being allowed to participate in ANY OR ALL of the activities and attractions conducted by Black Pearl Party Cruises Inc (BPPCI), in respect of or on board the vessel the 'Jolly Roger 1' I/we, hereby agree, represent and acknowledge and agree that:
1. I/We voluntarily and willingly agree to participate in all such activities of the cruise, attractions, and events of BPPCI including, but not limited to rope swinging, and I/ we fully understand and accept all risks associated with such activities, attractions, and events including any death, injury, damage or loss suffered.
2. I am/We are physically fit to participate in such activities, attractions and events and do not possess any medical conditions, including, but not limited to heart conditions, physical, mental or emotion impairments of any kind that would compromise my health and well being by my/our participation in such activities, attractions and events.
3. I/we hereby at all times on behalf of myself, my family, next of kin and my legal representatives forever release from and hold indemnified BPPCI, as well as the owners of the said vessel their officers, employees, agents, representatives, sponsors, partners, family members, etc. or persons associated with them against all liabilities, actions, claims, demands, costs, fees etc. whatsoever, in respect of any injury , disability, death, dismemberment, emotional, mental, or physical impairment, loss or damage to personal property in connection with my participation in any and or all of such activities, attractions, and events whether arising from my/our negligence, the negligence or default of BPPCI or the owners their servants ,agents or employees or the acts or omissions of other visitors or any other person on board the said vessel.
4. I/ We agree to comply with all rules, regulations, and instructions of all BPPC its servants or agents in relation to all activities, attractions, and events and which are intended for the safe enjoyment of such attractions.
5. I/We also hereby grant permission of BPPCI its servants or agents to seek on my/ or our behalf medical care and treatment in the event of accident, injury, or medical emergency at the closest medical facility, and for medical personnel to respond to such medical incident(s) for urgent emergency care. I also agree to assume all costs, risks, and liabilities connected with such care and release BBPCI and the said owners of the vessel from all such claims.
6. I/We also hereby grant permission of BPPCI its servants or agents to use any pictures taken on the cruise in promotional materials or displayed on facebook, on the internet, in print media or magazines and further I/We grant permission for BPPCI to sell any photos with my/our image.
7. The undersigned agrees that any claim, action, proceeding and/or dispute of whatever nature including but not limited to any claim, action, proceeding and or dispute of whatever nature arising or resulting from a breach of contract or any injury, bodily harm, sickness or death suffered by the undersigned arising out of the undersigned travelling on, embarking on disembarking from, being engaged in any of the activities on or arising out of the use of any facilities or amenities of the vessel Jolly Roger 1 and howsoever arising, shall be governed by Barbados Law and the undersigned hereby agrees irrevocably and unconditionally to submit any such claim, action, proceeding and/or dispute to the exclusive jurisdiction of the Barbados Courts who shall have the sole and exclusive jurisdiction in respect thereof.
I/WE HEREBY ACKNOWLEDGE THAT I /WE HAVE READ AND UNDERSTOOD THE ABOVE WAIVER AND RELEASE. BY SIGNING THE BACK OF THIS WAIVER, I/ WE AGREE TO GRANT PERMISSION FOR MYSELF AND /OR MY CHILD TO PARTICIPATE IN ALL BLACK PEARL PARTY CRUISES ACTIVITIES, ATTRACTIONS, AND EVENTS, AND ASSUME AND ACCEPT ALL RISKS AND LIABILITES ASSOCIATED THEREWITH.
BY SIGNING THE BACK OF THIS WAIVER FORM, I/WE HEREBY EXEMPT AND FOREVER RELEASE BPPI, THE OWNERS OF THE VESSEL THEIR SERVANTS OR AGENTS FROM ALL LIABILITES FOR PERSONAL INJURY, PROPERTY DAMAGE, DISMBERMENT, WRONGFUL DEATH, LOSS OF PERSONAL PROPERTY, ETC. CAUSED BY NEGLIGENCE, ACTS OF OMISSIONS, OF BPPI OR ANY OTHER PERSON.