VESSEL LIABILITY RELEASE AND WAIVER

I UNDERSTAND BY SIGNING THIS DOCUMENT  

1.I EXEMPT AND RELEASE CAYMAN FERRIES LTD, POB 191 KY1-1701, GRAND CAYMAN (HEREAFTER CALLED CAYMAN FERRIES) AND CAYMAN FERRIES 2016 G-KAT 35’ (HEREAFTER CALLED VESSEL) ITS EMPLOYEES, AGENTS AND BOATS WHETHER OWNED, OPERATED, LEASED OR CHARTERED.

2.I FURTHER AGREE TO HOLD HARMLESS THESE ENTITIES FROM LIABILITY ARISING FROM ANY ACT OR OMISSION ON THEIR PART INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE.

3.Travelling by water (HEREAFTER CALLED CHARTER) is a hazardous activity with inherent risks and dangers including, but not limited to, risks due to equipment failure, perils of the sea and/or acts of passengers which could result in my serious injury or death.I EXPRESSLY ASSUME THESE RISKS.

4.I assert I am physically fit to participate in a CHARTER, and I agree I will not hold CAYMAN FERRIES and/or the VESSEL responsible if I am injured as a result of any medical condition whilst travelling by water. I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with a CHARTER.

5.I will be present and attentive to the safety briefings given by the captain and/or crew.  

6.I will immediately cease and exit the VESSEL if prior to departure:  

(a) I feel uncomfortable with my abilities and/or

(b) Travelling conditions are worse than those for which I am comfortable.

7.I warrant if I require assistance from the captain and/or crew, I will immediately advise the captain and/or crew. I understand the CHARTER includes traversing a large body of water and medical assistance may be delayed due to time and distance from a medical facility. Nevertheless, I expressly wish to proceed with the CHARTER.

8.BY WAY OF MY SIGNATURE BELOW IT IS MY EXPRESS INTENTION BY WAY OF THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL INDIVIDUALS, OR ENTITIES OR VESSELS REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT AND IT IS ALSO MY INTENTION TO EXEMPT AND RELIEVE CAYMAN FERRIES, THE VESSEL, ITS EMPLOYEES, AGENTS AND BOATS WHETHER OWNED, OPERATED, LEASED OR CHARTERED FROM ALL LIABILITY ARISING AS A CONSEQUENCE OF ANY ACT OR OMISSION INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE.

9.BY WAY OF MY SIGNATURE ON THIS DOCUMENT I FULLY AGREE TO INDEMNIFY AND HOLD HARMLESS  CAYMAN FERRIES AND THE VESSEL FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY OF ANY SORT, PROPERTY DAMAGE OR WRONGFUL DEATH BY MYSELF, HEIRS AND ASSIGNEDS, AND I ASSUME EXPRESSLY ALL RISKS IN CONNECTION WITH THE CHARTER.

10.BY WAY OF MY SIGNATURE GIVEN VOLUNTARILY I EVIDENCE I HAVE READ FULLY AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY. IF I HAVE QUESTIONS REGARDING THIS VESSEL LIABILITY RELEASE AND WAIVER, I CERTIFY I HAVE FULLY INFORMED MYSELF BEFORE SIGNING MY NAME BELOW. I FULLY AGREE TO THE TERMS AND CONDITIONS HEREIN AND REALIZE THEY ARE GIVEN IN EXCHANGE FOR CAYMAN FERRIES AND THE VESSEL ALLOWING ME TO PARTICIPATE IN THIS ACTIVITY.

11.I UNDERSTAND THIS IS A CONTRACT.  

Words of masculine gender are deemed to encompass the female gender and vice versa.  

Words in the singular are deemed to encompass the plural and vice versa.