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Waiver Form

Ability to Swim?

Please read the waiver below before dating and signing this form.

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I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH TRAVEL, INCLUDING BUT NOT LIMITED TO, chartering, snorkeling, diving , equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS.

Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, motor vehicle collisions due to road conditions, lack or use of seatbelts or other safety devices in vehicles, hazards related to water activities including open water swimming, diving and diving, sailing, surfing, paddle boarding, boating, snorkeling, risk of drowning, exposure, hypothermia, encounter with sea life including predatory animals, the danger of striking rocks and other hidden dangerous objects while diving, shallow water, misjudgment in water depth when diving, entering the water at a dangerous speed or angle while diving, slips and falls occurring while getting into and out of boats and rafts, improper use of boating equipment including life jackets and paddles, jostling or being thrown from boats due to conditions on the water, being swept away in fast moving currents, failure to wear a life jacket, equipment malfunction while in a boat, surfing or snorkeling, riptides, waves, your own strength as a swimmer, improper equipment, malfunction of equipment, encounters with obstacles such as rocks, potholes or ruts that could cause you to lose control of the vehicle, collisions with other ATV’s, vehicles, animals or people, encounters with plants and animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, war, insurrection, terrorist or criminal activity, consumption of alcoholic beverages, tainted food, or non-potable water, exposure to the elements, including heat, cold, sun, water, and wind, your own negligence and/or the negligence of others, including tour guides, other travelers, agents and/or representatives, overheating, and/or dizziness, known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I UNDERSTAND THAT I HAVE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

I assert that I am physically fit to ride on a boat and I will not hold Joy Ride Charters LLC or their owners, employees, agents or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while chartering the boat or otherwise participating in the trip. I fully understand that where we will be sailing may have limited medical facilities and that in the event of illness or injury, appropriate 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.

Joy Ride Charters, LLC does not provide, own, or control the travel services and products that are provided as part of your trip, such as flights, accommodations, rental cars, or travel insurance (the “Travel Products”), other than control of the sea travel and sea vessel. The Travel Products are owned, controlled, or made available by vetted third parties (the “Suppliers”) such as airlines, hotels, and tour operators. The Suppliers are responsible for the Travel Products.

Your interaction with any Supplier is at your own risk; Joy Ride Charters, LLC does not bear any responsibility should anything go wrong during your travel. Hence, as the traveler, you agree that Joy Ride Charters, LLC acts only as agent for the traveler in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the travelers’ benefit, and on the express condition that Joy Ride Charters, LLC shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.

I understand that Joy Ride Charters, LLC does not carry or maintain health, medical, or disability insurance coverage for any participant. Each participant is expected and encouraged to obtain his or her own travel insurance as well as medical or health insurance coverage, and to check with his or her own health insurance provider about coverage while traveling abroad.

Captain Joy Sherman and Joy Ride Charters have made no representations 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 Joy Ride Charters, their crew or passengers responsible for their actions in attempting the performance or rescue of first aid.

By booking a tour at this time, I acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for myself, that I or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time I book my trip. I acknowledge that exposure to any viruses, disease or sickness is an inherent risk of traveling, that cannot be controlled or eliminated by Joy Ride Charters, LLC.

I acknowledge that due to the uncertainty of travel at this time, my trip may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. Some locations may require me to have a vaccination, proof of negative testing and/or require travelers removal from the charter in order to quarantine. I am responsible for understanding these requirements and must not rely on Joy Ride Charters, LLC to provide these details. I understand that I may become sick before, during, or after the trip and may not be able to travel and such cancellation or interruption for which Joy Ride Charters, LLC will not be liable.

I agree to forever discharge and release Joy Ride Charters, its employees and agents, the owner(s) of Joy Ride Charters and affiliates, from any and all responsibility or liability for any and all injuries or damages. I agree NOT to make a claim against or initiate a lawsuit against any of the above parties for injuries or damages whether they arise or result from NEGLIGENCE or other otherwise, EVEN IN CASES OF GROSS NEGLIGENCE. I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur as a consequence of my participation in any activities with or involving the released parties.

I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.

Form Updated 12.2.22

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