MARAUDER SAILING CHARTERS PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, AND ACKNOWLEDGMENT OF RISK



DATE __________



In consideration of the services of Marauder Sailing Charters, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Marauder"), I hereby agree to release and discharge Marauder, on behalf of myself, my children, my parents, heirs, assigns, personal representatives and estate as follows:

1. I acknowledge that my participation in outdoor activities such as sailing, snorkeling and swimming entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, Marauder crew have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Marauder from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Marauder's equipment, vehicles, facilities, or premises before, during, and after this activity including any such claims which allege negligent acts or omissions of Marauder.

4. Should Marauder or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.

6. In the event that I file a lawsuit against Marauder, I agree the Venue of any dispute that may arise out of this agreement or otherwise between the parties to which Marauder or its agents is a party shall be the Commonwealth of Puerto Rico. I further agree that the substantive law of Puerto Rico shall apply in that action without regard to the conflict of law rules of the Commonwealth.

I do hereby consent to the use of my image by Marauder Sailing Charters for any and all purposes, including without limitation video, still photographs, publication, and any trade or advertising purposes, providing such uses are not made so as to constitute a direct endorsement of any product or service.

By signing this document, I acknowledge that if anyone is hurt or property is damaged before, during or after my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Marauder on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I hereby declare that I am not under the influence of, nor will I use any recreational drugs, while participating in any activity with Marauder Sailing Charters.

Signature of Participant: __________________________ Print Name:___________________________
Address: _________________________________City: _______________State: _______Zip: _________
Phone: ___________________________ Email address: (optional) _____________________________

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MEDICAL INFORMATION
DO YOU HAVE ANY PREEXISTING MEDICAL CONDITIONS? (Please list conditions such as allergies, recent surgery, conditions that require medication, circulatory or respiratory conditions, and any other conditions that you may have.)
NO _______YES _______ IF YES, PLEASE EXPLAIN:_______________________________________________________________
 

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PARENT'S OR LEGAL GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of _____________________ (print minor's name) ("Minor") being permitted by Marauder to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Marauder from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Parent's or Legal Guardian's Signature:__________________________________________________
Print Name:_____________________________________________