WILD WILLY'S WATERSPORTS AND TOURS, LLC
NASSAU, BAHAMAS
PARTICIPANT RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
By signing this agreement, I, the undersigned participant (or parent/legal guardian of a minor participant), acknowledge and agree to the terms outlined below in connection with my voluntary participation in activities offered by Wild Willy’s Watersports and Tours, LLC (“Company”), including but not limited to yacht tours, party boat events, jet skiing, kayaking, snorkeling, swimming, use of floatation devices (“floaties”), and consumption of food and alcoholic beverages (collectively, the “Activities”).
1. ASSUMPTION OF RISK
I understand the Activities involve INHERENT RISKS, including but not limited to:
Marine & Water Hazards: Drowning, strong currents, sudden weather changes, marine life (e.g., jellyfish, sharks), collisions with vessels/jet skis/kayaks, capsizing, or submersion.
Equipment Risks: Malfunction, breakage, or loss of snorkeling gear, jet skis, kayaks, floaties, cameras, drones, or vessel components.
Health & Safety Risks: Slips/falls on wet surfaces, dehydration, sunstroke, heart attack, respiratory issues, exacerbation of pre-existing conditions (e.g., disabilities, chronic illnesses), or injuries from alcohol consumption.
Environmental Risks: Exposure to extreme sun, heat, or storms; remoteness from emergency medical care; delays in rescue/evacuation.
Third-Party Risks: Accidents caused by other participants, boat traffic, or negligent use of equipment.
Food/Drink Risks: Allergic reactions, foodborne illness, or choking.
I voluntarily assume FULL RESPONSIBILITY for all risks, whether identified here or not, that arise from my participation.
2. RELEASE OF LIABILITY
I, on behalf of myself, my heirs, executors, and assigns, hereby RELEASE, DISCHARGE, AND HOLD HARMLESS Wild Willy’s Watersports and Tours, LLC, its owners, employees, agents, and affiliates from ANY AND ALL CLAIMS (including negligence) for property damage, personal injury, illness, disability, death, or other losses arising from my participation in the Activities, WHETHER CAUSED BY INHERENT RISKS, COMPANY’S EQUIPMENT, OR ACTIONS OF THIRD PARTIES.
3. FINANCIAL RESPONSIBILITY FOR DAMAGES
I agree to PAY IMMEDIATELY for the full replacement or repair cost of any Company equipment, facilities, or property (e.g., vessels, jet skis, snorkeling gear, cameras, drones) that I, my minor, or any party under my responsibility damages, loses, or breaks due to misuse, negligence, or accidents. Payment is due WITHIN 7 DAYS of written notice from the Company. Failure to pay may result in legal action under Bahamian law.
4. ACKNOWLEDGMENT FOR OLDER ADULTS (60+) & MEDICALLY AT-RISK PARTICIPANTS
If I am age 60+, have disabilities, or pre-existing medical conditions (e.g., heart disease, respiratory illness, mobility issues), I agree:
I accept all risks of injury, disability, or death due to my age, health status, or participation in strenuous Activities.
The Company is NOT LIABLE for medical emergencies (e.g., heart attack, stroke, asthma attacks) arising during or after participation, even if caused by the Activities.
I affirm I have consulted a physician and am medically cleared to participate.
5. INDEMNIFICATION
I agree to DEFEND, INDEMNIFY, AND REIMBURSE the Company for all costs (including legal fees, repairs, medical bills, or evacuation expenses) arising from my or my minor’s actions, negligence, or breach of this agreement.
6. ALCOHOL & SAFETY COMPLIANCE
Alcohol is served to adults 18+ (Bahamian legal drinking age). I accept full responsibility for intoxication-related injuries or accidents.
The Company may revoke alcohol service or eject participants for unsafe behavior without a refund.
7. MEDICAL EMERGENCIES & REMOTE LOCATIONS
I understand:
The Activities may occur in remote areas with delayed emergency response.
I consent to emergency medical treatment and assume all costs for evacuation, hospitalization, or care.
8. GOVERNING LAW
This agreement is governed by the LAWS OF THE COMMONWEALTH OF THE BAHAMAS. Any disputes will be resolved in Nassau courts.
9. SEVERABILITY & PHOTO RELEASE
If any clause is deemed unenforceable, the remainder stands. I grant the Company irrevocable rights to use my image/video for promotion.