Thank you for booking your experiences with us. Please carefully read and sign our waiver form below 🙏🤗🐢🌈🏄‍♂️🇰🇳
Waiver form of Legal Rights, Release of Liability, Indemnification, and Responsibility of Damages
I, the undersigned participant (if 18 years of age or older) or guardian of a participant (if participants under 18 years of age), desire that participant use of the equipment (“Equipment” refers to Parasail, Jet Skis, Power Boats, Power Catamarans, Kiteboard gear, Surf gear, Sail boats, Hobie cats, Snorkel gear, Paddleboards, Kayaks, Foil boards, Wakeboards, Water Skis, Flyboard/Hoverboard, Tubing, UTVs, Banana boat equipment and anything else offered by St. Kitts Water Sports Inc and “Released Parties”) and participate in the strenuous physical activities (the “Activities” refers to Parasailing, Jet ski rentals and tours, Kiteboarding lessons, rentals and tours, Surf lessons and rentals, Sailing lessons, rentals and tours, Snorkel gear rentals and tours, Paddleboard lessons, rentals and tours, Kayak rentals and tours, Foil board lessons and rentals, wakeboard lessons and rentals, Water skis rentals and tours, Flyboarding/Hoverboarding lessons and rentals, Tube rides, UTV rentals and tours, and Banana boat rides, Power Boat and Power Catamaran charters, rentals, and tours, Activites and anything else offered by “Water Sports”) offered by Water Sports. (“Water Sports” refers to St. Kitts Water Sports Inc, Kiteboard Pro, VIP Charters, Reggae Beach Bar, Park Hyatt, Carambola Beach Club, Royal Caribbean Cruise Lines, Carnival Cruise Lines, Park Hyatt St. Kitts, Sunlinc, Chrishi Beach Club, Sunshine’s Bar Lounge& Grill & Four Seasons Resort Nevis and Jeffrey Andrade) I acknowledge that execution of this Waiver of Liability is a condition to participation in the Activities and use of the Equipment. In consideration for use of the Equipment and participation in the Activities, I (all references to I, me, myself or my, refer to me and to the minor child if I assigning as guardian to a minor child) hereby acknowledge, agree, promise and covenant with Watersports, on behalf of myself, my heirs, assigns, personal representatives and estate as follows:
I have inspected the equipment and facilities and have determined each to be reasonably suited for participant’s use and agree that if, at any time, anything unsafe is observed, notice of such condition will be given immediately to Water Sports personnel and participant will immediately cease all activities.
I acknowledge that the participant is using such Equipment and participating in such Activities on the participant’s own desire and where applicable, with the participant’s guardian’s approval (if applicable).
I understand that there are inherent risks of injury in using Equipment and participating in Activities such as used and offered by Water Sports including but not limited to, falls, collisions, cuts, bruises, sprains or strains, with resulting damage to bones, joints, ligaments, muscles or other body parts. In some cases, participants may suffer certain other risks which could include abnormal blood pressure, fainting, disorders of heart rhythm, stroke and in certain instances heart attack, brain damage, drowning or other causes of distress or even death. I agree that I will promptly report any discomfort or signs indicating abnormality or distress and stop any activity that is causing discomfort or distress. I hereby affirm that the participant is in good physical condition and does not suffer from any disability or other limitation that would prevent or limit the use of the Equipment or participation in Activities offered by Water Sports.
RELEASE
Understanding the above, to the fullest extent permitted by law, I, on behalf of myself, my heirs, assigns, personal representatives and estate, VOLUNTARILYCOVENANT NOT TO SUE AND RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS Water Sports and each of its members, managers, employees, agents, successors and assigns ( “Water sports”) for any liability, claims, demands, actions or rights of action for any DEATH, INJURY, ILLNESS, DISEASE, PHYSICAL OR MENTAL DAMAGE, PROPERTY DAMAGE OR LOSS OR ANY OTHER HARM suffered by me or any of my property during, as a consequence of or in any way related to using the Equipment and/or participating in the Activities offered by Water Sports including, but not limited to, any injury or harm suffered as a result of negligence or acts or omissions(either pre-injury or post-injury) of any of the Released Parties or any defect in or damage to any of the Equipment, property or facilities of or supplied by Water Sports. IN SIGNING THIS DOCUMENT, I RECOGNIZE THAT IF ANYONE IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM USING THE EQUIPMENT OR PARTICIPATING IN THE ACTIVITIES, I WILL HAVE NO RIGHT TO FILE A LAWSUIT OR MAKE A CLAIM AGAINST ANY OF THE RELEASED PARTIES EVEN IF ANY OF THE RELEASED PARTIES NEGLIGENTLY CAUSED THE BODILY INJURY OR PROPERTY DAMAGE.
INDEMNIFICATION
I AGREE TO HOLD HARMLESS AND TO INDEMNIFY EACH OF THE WATER SPORTS RELEASED PARTIES from all liability, claims, demands, actions or rights or action, damages, defense costs, including attorney’s fees, or from any other costs incurred in connection with claims for bodily injury or property damage which I may negligently or intentionally cause to any property or to other parties in the course of my use of the Equipment or participation in the Activities. I have carefully read and fully understand the foregoing. I have had an opportunity to ask any questions about the Equipment used and Activities offered by Water Sports and the meaning of this waiver. All of such questions have been answered. I agree to all of the foregoing with the intent to be legally bound on behalf of myself, the participant (if signed by a guardian), and the spouse or other relatives of myself and/or participant, if any, and to the extent that I am able to do so, any heirs, executors, administrators and assigns. It is intended that if any portion hereof is held invalid, the remainder shall remain in full force and effect.
Responsibility of Damages
The Participant agrees to pay for any damage caused by the Participant during the use of Equipment. The Participant also agrees to pay for any fees incurred for shipping, duties, mechanical work and any other costs associated with the damages caused by the Participant. The Participant also agrees to pay for any revenue lost during the downtime of the Equipment while it is being repaired. The Participant agrees to pay up front an estimated cost of repairs. Once the final calculation of repairs is done, the participant agrees to pay the rest of the costs. If it is determined that the estimated cost was higher than the calculated cost, the Water Sports will reimburse the Participant the remaining balance.
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