THIS WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT (this “Release”) is entered into as of 12/03/2023 (the “Effective Date”) between (“Charterer”) and the Vessel Owner (“Owner”), Clark’s Management (“CYM”).
TERMS AND CONDITIONS
In consideration of good and valuable consideration including the use of the Vessel, the Time Charter Agreement, and other consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
Charterer, on behalf of him or herself, his or her spouse, children/wards (the “Charterers”), and Guests hereby release, waive and discharge the Owner, the Vessel and CYM of and from any and causes of action, in law, admiralty or in equity, including but not limited to court costs and attorneys’ fees, of any nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent (hereinafter collectively referred to as “Claims”) which the Charterer or Guests may have, or which may hereafter accrue to the Charterers or Guests, arising out of or relating to the Charterer’s, use of the Vessel or charter broker services provided from CYM.
ACKNOWLEDGMENT OF RISKS
I fully acknowledge that there are certain risks associated with yachting and swimming from a yacht, including but not limited to movement of the Vessel from the wakes of other vessels, large and choppy seas which may result in a rough ride, wet surfaces, inclement weather, lightning, wind, collision, capsizing, sinking, uneven or wet surfaces, sea sickness and other risks. I further acknowledge that if I swim or participate in water activities from the Vessel, I understand that there are risks associated with swimming and water activities including but not limited to strong currents, dangerous marine life, diving in shallow water that can cause paralysis, death or injury, sun exposure, and exposure to waves and unforeseen dangers.
CONTRACTUAL AND EXPRESS ASSUMPTION OF RISK AND WAIVER
I FULLY AGREE TO ASSUME ALL RESPONSIBILITY FOR THE RISKS ASSOCIATED WITH THE CHARTER OF THE VESSEL AND SWIMMING OR WATER ACTIVITIES FROM THE VESSEL. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF; EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF OWNER, THE VESSEL, OR CYM.
I FULLY UNDERSTAND AND AGREE TO RELEASE THE OWNER, VESSEL, AND CYM FOR ANY AND ALL LIABILITY, EVEN IF IT ARISES FROM THE NEGLIGENCE UNSEAWORTHINESS OF THE OWNER, VESSEL, OR CYM.
I HEREBY RELEASE THE OWNER, THE VESSEL, CYM, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INSURERS AND EACH LANDOWNER PROVIDING ACCESS TO THE VESSEL FROM ANY AND ALL LIABILITY OF ANY NATURE (INCLUDING NEGLIGENCE) FOR ANY AND ALL INJURY OR DAMAGE INCLUDING DEATH RESULTING FROM MY PARTICIPATION IN THE CHARTER ACTIVITIES, SWIMMING OR WATER ACTIVITIES RELATED TO THE CHARTER, EVEN IF CAUSED BY MY NEGLIGENCE OR THE NEGLIGENCE OF ANY OTHER PARTY TO THIS AGREEMENT.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE
AGREEING THAT, EVEN IF RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THIS ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I have read this assumption and acknowledgement of risks and releases of liability agreement. I understand fully that it is contractual in nature and binding upon me personally and my minor child as set forth above. I further understand that by signing this document, I am waiving the valuable rights including any and all rights I may have against the Owner, CYM.
This agreement shall be governed by general maritime law of the United States. Any legal action relating to or arising out of this Agreement against Owner or CYM or any of their agents, employees, affiliated or related companies shall be commenced exclusively in the United States District Court, Middle District of Florida. The parties agree to WAIVE A TRIAL BY JURY.
I HEREBY RELEASE OWNER AND CYM, THEIR RESPECTIVE PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, THEIR INSURERS, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR AND ANY AND ALL INJURY OR DAMAGE INCLUDING DEATH RESULTING FROM THE USE OF THE VESSEL DURING CHARTER, EVEN IF CAUSED BY THE NEGLIGENCE OF RELEASEES.
I UNDERSTAND THE SERIOUSNESS OF THE RISKS INVOLVED IN BOATIING, WATER ACTIVITIES AND MARITIME ACTIVITIES IN GENERAL AND ACCEPT THEM IN FULL. I, FOR MYSELF, AND TO THE EXTENT ALLOWED BY LAW, MY SPOUSE, CHILD/WARD AND GUESTS HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.