Our Insurance company requires that all adult passengers sign this waiver at the beginning of the trip and that a parent or guardian signs the waiver for any minor participating in one of our boat-based activities. We are posting it online so that you may review the content of the waiver before you come aboard.
In exchange for participation in the activities of boating (including embarking and disembarking), swimming, snorkeling, cliff jumping and any other water-based activity (“the Activities”) organized by Bermudaful Charters of #6 Sunshine Lane, Sandys Parish MA OS, Bermuda operating out of The Royal Naval Dockyard and/or use of the property, facilities and services of Bermudaful Charters I agree for myself and (if applicable) for the members of my family, to the following:
- I agree to observe and obey all rules and warnings and further agree to follow any oral instructions or directions given by Bermudaful Charters or the employees, representatives or agents of Bermudaful Charters.
- I confirm that I and (if applicable) my family members are medically fit and competent to participate in the Activities.
- I recognize that there are certain inherent risks associated with the Activities. I voluntarily assume full responsibility for personal injury to myself and (if applicable) my family members and further release and discharge Bermudaful Charters for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Bermudaful Charters, whether caused by the fault of myself, my family, Bermudaful Charters or other third parties. Furthermore, I confirm that I shall have no claim against Bermudaful Charters in respect of any death, loss, damage or injury to myself, my family or my property from any cause whatsoever whilst participating in any Activities with Bermudaful Charters or otherwise and whether or not the same shall arise as a result of carelessness, lack of skill or negligence of Bermudaful Charters.
- I agree to indemnify and defend Bermudaful Charters against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Bermudaful Charters.
- The laws of the Island of Bermuda shall apply to this agreement, and in the event of a dispute, I agree to submit to the jurisdiction of the Bermuda courts.
- I agree and acknowledge that I am under no pressure or duress to sign this Agreement and have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
- The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
