Sandman Yacht Charters - Release of Liability Form

This is an “Express Assumption of Risk and a Release of your Rights to Sue”. This Liability Release and Express Assumption of Risk may be used against you in a court of law if you sue any related party or person in association of the vessel SANDMAN.

PLEASE READ CAREFULLY, FILL IN ALL BLANKS AND INITIAL EACH PARAGRAPH BEFORE SIGNING.

ENVIRONMENT:
I understand that the primary purpose of scuba diving, free diving, snorkeling, swimming, kayaking and fishing open ocean waters aboard the vessel SANDMAN is to experience contact with potentially dangerous sea creatures (sharks, whales, seals, sea lions, etc.) in their natural environment. I understand there are obvious risks from the animals, ocean waters and currents. Excursions aboard the vessel SANDMAN and SANDMAN's associated equipment will travel to very remote areas (both in time and distance) from medical facilities, medical personnel, decompression chambers, etc. The potential dangers of physical impairment, dismemberment or death to me, my employees or my customers are solely my responsibility.

INSURANCE:
The vessel SANDMAN does not carry insurance coverage for any free diving, scuba diving or diving related activities including ALL activities while not aboard SANDMAN. I understand and acknowledge that immediately upon my departure, my employees departure or my customers departure from the vessel SANDMAN I / we are fully responsible for our own physical safety and insurance coverage.

I / we understand that I/we have the option of contacting “DAN” for insurance coverage for the aforementioned activities. Dan's telephone number in the U.S. is 1-800-446-2671 or 1-916-684-2948 ext. 333 . DAN offers diving, swimming, etc., coverages along with emergency air evacuation.

ALCOHOL:
Certain alcoholic beverages are allowed upon the vessel SANDMAN. I/we understand that these beverages are potentially dangerous when used in conjunction with any and all activities aboard the vessel and I/we assume total responsibility for consumption and potential consequences of alcohol consumption and any result of injury or damage caused in conjunction with alcohol consumption.

CONTROLLED SUBSTANCES:
The vessel SANDMAN is a ZERO tolerance vessel concerning the possession, use or transport of any controlled substance including marijuana, cocaine, endangered species, firearms, ammunition, fireworks and explosives and is expressly prohibited on or around the vessel. Possession or use of any of the aforementioned will result in the immediate termination of the charter and forfeiture of all monies paid.

DAMAGES:
I / we understand and accept responsibility for any and all damages caused to the vessel SANDMAN and its related equipment due to my/our direct negligence or misuse and agree to reimburse the owners of SANDMAN for all actual costs necessary to repair/replace any such damages or loss of equipment.

RELEASE:
After careful consideration and full understanding of this contract I / we and on behalf of my employees and customers exempt and release from all liability and responsibility the vessel SANDMAN, its owners, their agents, employees and successors from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney fees, resulting from, arising out of my/our activities on or around the vessel SANDMAN, specifically but not limited to scuba diving, free diving, snorkeling, swimming, kayaking, fishing and associated activities. Furthermore, I/we assume ALL risk of liability for injuries, or death of persons and damage to property arising from or incident to my/our use and operation of any activity or equipment on or around the vessel SANDMAN.

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