Waiver

Waiver for use of Is That Right Sport Fishing and Sightseeing Cruises.

In consideration of the services of Is That Right Sport Fishing and Sightseeing Cruises, 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 ITR), (Guests 1 through 6 shall be hereinafter collectively referred to as I/We), hereby agree to release, indemnify, and discharge ITR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I/We, acknowledge that my participation on boat tour and fishing activities in inshore and offshore waters entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I/We understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, and that I/We may exercise reasonable care for my own safety and agree to do so.

The risks include, among other things: collision with fixed objects or other watercraft; boat capsize and entrapment; pitching and rolling; high wind, waves, or other inclement weather including cold and lightening, sea sickness, cold shock, hypothermia, sunburn, dehydration, heat exhaustion, heat stroke, alcohol poisoning, and heat cramps; accidental drowning; drowning, intentional or unintentional conduct of any other persons on board, exposure to sun, nutrition, aggressive and/or poisonous marine life.  Traveling to and from the pier raises the possibility of any manner of transportation accidents and including boarding and disembarking the vessel.

Furthermore, ITR employees 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 or other environmental conditions.  They may give incomplete warnings or instructions, and the equipment being used might malfunction.

I/We 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/We elect to participate in spite of the risks.  Additionally, I/We agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.

I/We hereby voluntarily release, forever discharge, release, and agree to indemnify and hold harmless ITR 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 ITR equipment or facilities, including any such claims which allege negligent acts or omissions of ITR. I/We agree to NOT make claim against or sue any of ITR for injuries or damages that arise or result from negligence or other liability, even in cases of gross negligence.

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

I/We certify that I have adequate insurance to cover any injury or damage I/We may cause or suffer while participating, or else I/We agree to bear the costs of such injury or damage myself. I/We further certify that I/We am willing to assume the risk of any medical or physical condition I/We may have.

In the event that I/We file a lawsuit against ITR, I/We agree to do so solely in the state where service was performed or used such as but not limited to Maryland-Virginia-Deleware-North Carolina-South Carolina-Georgia-Florida, and I/We further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I/We agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

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

I/We understand this accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I/We have had sufficient opportunity to read this entire document.  I/We have read and understood it in the English language, and I/We agree to be bound by its terms.

Guest 1 First and Last Name-_______________________________________________

Guest 1 Email-______________________________________________________________

Guest 1 Signature-__________________________________________________________

Guest 2 First and Last Name-________________________________________________

Guest 2 Email-_______________________________________________________________

Guest 2 Signature-___________________________________________________________

Guest 3 First and Last Name-_______________________________________________

Guest 3 Email-_______________________________________________________________

Guest 3 Signature-___________________________________________________________

Guest 4 First and Last Name-________________________________________________

Guest 4 Email-_______________________________________________________________

Guest 4 Signature-___________________________________________________________

Guest 5 First and Last Name-________________________________________________

Guest 5 Email-_______________________________________________________________

Guest 5 Signature____________________________________________________________

Guest 6 First and Last Name-________________________________________________

Guest 6 Email-_______________________________________________________________

Guest 6 Signature-___________________________________________________________