Release, Assumption of Risk and indemnity

 

In consideration of my participation in the thrill boat ride conducted by White Knuckle ( Captain Morgan Charters NV), for the agreed upon price, I agree, on behalf of myself and the members of my family group, to assume the risks incidental to such participation (which may include, among other things, the risk of serious bodily injury, drowning, paralysis, seasickness or death) and, On my own behalf and the members of my family group, voluntarily release and forever discharge Captain Morgan Carters NV/Roseau Holding/ White Knuckle,  and its officers, agents, employees, and all others related to the business of and from all liabilities, claims, actions, damages, cost or expenses of any nature arising out of or in any way connected with participation in this activity, and further agree to indemnify and hold Captain Morgan Carters NV/Roseau Holding/ White Knuckle harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including, but not limited to, all attorney’s fee and disbursements. I further understand that this release and indemnity agreement specifically includes but is not limited to, any claims based on the negligence, action or inaction of Captain Morgan Carters NV/Roseau Holding/ White Knuckle and its officers, agents, and employees and covers bodily injury (including death) and property damage, whether suffered by me or any of the members of my family group listed below, before, during or after such participation. I further authorize medical treatment for myself and family members, at my cost, if the need arises.

Photo/Video Release: I understand that as part of this trip, Morgan Carters NV/Roseau Holding/ White Knuckle may take a picture of me, or a video that includes me, or use some other type of equipment to record me and my trip. I agree that Captain Morgan Carters NV/Roseau Holding/ White Knuckle may do so, and may use the image for sales to me or to others to use to promote their trips to others.

This Agreement shall be governed by the laws of St. Maarten and any legal action relating to this Agreement shall be commenced in Philipsburg, St. Maarten

 

 

By participating on the tour, all participants agree to the conditions above.

 

 

HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE

Captain Morgan Carters NV (Roseau Holding / White Knuckle Jet Boat  their respective administrators, directors, agents, Boat and PWC Manufacturers, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, vendors, and, if applicable, owner and lessors of equipment and premises of which the Activity takes place, (each considered one of the "RELEASES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "'RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees,  I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.

 

I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTYDAMAGE OR LOSS RESULTING THEREFROM.

 

I HEARBY ACKNOWLEGE THAT I HAVE READ THIS AGREEMENT at my leisure and understand that it is a FULL AND FINAL RELEASE and waiver of all my claims for damages or injuries sustained as a result of my participation in the Company’s Activity, and that I am take a part of this tour voluntarily, at one's own risk, knowing full well that I am releasing and forever discharging the Company and its agents, servants and employees of all liability for any losses and damages which I may sustain.

 

By participating on the tour, all participants agree to the conditions above.