SWIMMING, SNORKELING AND BOAT PASSENGER RELEASE AND WAIVER
Completion of this Liability Waiver is MANDATORY PRIOR TO PARTICIPATING. No guest may participate in the excursion without submitting a signed waiver.
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO RELEASE ANAPA PERLES, ANAPA
PEARL FARM, THEIR AFFILIATE ENTITIES, OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS,
EMPLOYEES, AGENTS AND ASSOCIATED PERSONNEL AND THEIR BOATS (WHETHER OWNED,
OPERATED, LEASED OR CHARTERED) HEREINAFTER REFERRED TO AS THE “RELEASED PARTIES”, AND
TO HOLD THESE PARTIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF
THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE OF ANY TYPE.
1. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, SWIMMING
AND SNORKELING, including but not limited to equipment failure, perils of the sea, weather conditions, harm caused by
marine creatures, acts of fellow participants, entering and exiting the water, boarding or disembarking boats and activities
on the docks and the pearl farm; and I HEREBY ASSUME ALL SUCH RISKS.
2. I UNDERSTAND THAT THE BOAT AND ITS OWNER AND OPERATORS DO NOT HAVE A LIQUOR
LICENSE AND DO NOT PROVIDE ALCOHOLIC BEVERAGES ON THE BOAT.
3. I REPRESENT AND COVENANT THAT I WILL NOT DRINK ANY ALCOHOLIC BEVERAGE
BEFORE ENGAGING IN SWIMMING, SNORKELING OR OTHER IN-WATER ACTIVITY and that if I violate this
covenant I do so at my sole risk and liability.
4. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND
I AGREE TO DO SO.
5. I REPRESENT AND WARRANT THAT I AM PHYSICALLY FIT TO RIDE ON A BOAT, SWIM AND
SNORKEL and I will not hold the Released Parties responsible if I am injured as a result of ANY incidents and/or
problems (medical, accidental or otherwise) which occur while snorkeling, swimming, riding on a boat or otherwise participating in the
trip.
6. I fully understand that the boat and pearl farm has limited medical supplies and that in the event of illness or
injury appropriate medical 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.
7. The boat and the Released Parties have made no representation 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 the Released Parties, their crew, boats or other passengers responsible for their actions in attempting
the performance of rescue or first aid.
8. IT IS MY INTENTION BY THIS DOCUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR
ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY
INTENTION TO EXEMPT AND RELEASE ALL THE RELEASED PARTIES AND TO HOLD THESE PARTIES
HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY
DAMAGE OR OTHER DAMAGE OR LOSS CAUSED BY MY PERSONAL USE OF ALCOHOL OR ANY
PARTY’S NEGLIGENCE OR GROSS NEGLIGENCE; AND I ASSUME ALL RISK IN CONNECTION WITH
SWIMMING, SNORKELING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE
MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION AND CONDUCT OF THIS ACTIVITY.
9. I have carefully read this document in its entirety, fully understand its contents, and agree to the terms and conditions
of this document on behalf of myself, my heirs and my personal representatives. There are NO WARRANTIES expressed or
implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF
LIABILITY AND A LEGALLY BINDING CONTRACT. This document constitutes the final and entire agreement
between the Released Parties and the undersigned. I sign it of my own free will and agree to be bound by it forever.
10. If any provision of this Waiver and Release is found to be unenforceable or invalid, that provision shall be severed
from this contract. The remainder of this contract will then be construed as though the unenforceable provision had never been
contained in this document.
11. If applicable, Parent or Guardian, please sign for any minor under 18 years old. This is to certify that I, as
parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above,
for myself, my child, all heirs, assigns and next of kin. I release and agree to indemnify and hold harmless the Released
Parties from the involvement or participation of my child in this activity as provided above EVEN IF ARISING
FROM THE NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.