ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND RELEASE FOR REEL RUM CAY ADVENTURES AND CAPTAIN R.A. (RANDY) CARMEN
In consideration of my participation in any of the Charter Packages offered by Reel Rum Cay Adventures, Wilmington, NC, I agree that:
1. I understand the dangers that exist in my participating in any water sport or land activities when I disembark the Charter Boat. Such activities include Swimming, Spear Fishing, Snorkeling, Wake Boarding, Water Skiing, Kite Boarding, Beach Combing, Kayaking, Hiking, Biking, Beach Barbecues, and Guided Tours to the Ruins. I understand the nature of such activities and acknowledge that I am qualified to participate in such activities. I further agree and warrant that, if at any time, I believe conditions to be unsafe; I will immediately discontinue further participation in the stated activities.
2. I acknowledge that I have a medical insurance policy in my name that will be my primary source of payment should medical treatment be necessary as a result of my participation in the water sport or land activities when I disembark the Charter Boat listed above in Paragraph 1.
3. I FULLY UNDERSTAND that: (a) the Activity involves risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH ("Risks"); (b) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES incurred as a result of my participation in the water sport or land activities when I disembark the Charter Boat listed above in Paragraph 1.
4. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD HARMLESS REEL RUM CAY ADVENTURES AND CAPTAIN R.A. (RANDY) CARMEN, its respective administrators, members, directors, agents, officers, volunteers and employees, local organizing committees, other participants, any sponsors, advertisers, if applicable, owners, and lesser of premises on which the Activity takes place (each considered one of the Releases herein) from all liability, claims, demands, losses, or damages on account caused or alleged in whole or in part by any act or omission of the Releases in connection with the water sport or land activities when I disembark the Charter Boat listed above in Paragraph 1, or otherwise, including rescue operations, and further agree that if, despite this release, I or anyone on my behalf makes a claim against any of the Releases named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEYS FEES, LOSS LIABILITY, DAMAGE OR COST ANY MAY INCUR AS THE RESULT OF SUCH CLAIM.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
Please print, sign and return to REEL RUM CAY ADVENTURES, PO Box 4656, Wilmington, NC 28406.
Signature: ______________________________________ Date: ___________________
Guardian Signature: ______________________________ Date: ___________________
(if under 18)
