WAIVER & RELEASE OF LIABILITY CLAIMS AND
ASSUMPTION OF RISK ACKNOWLEDGMENT
ALL LODGING AND/OR CHARTER PARTICIPANTS, ALONG WITH THE PARENTS OR LEGAL GUARDIANS OF MINOR PARTIES, must read this Waiver before the beginning of any lodging and/or charter with Good Streak Marine, Inc. dba the Chandeleur Islander, LLC.
I HEREBY ACKNOWLEDGE THAT THE PURPOSE OF SIGNING THE ASSUMPTION OF RISK ACKNOWLEDGMENT
ROSTER IS TO WAIVE AND RELEASE ALL OF MY RIGHTS TO SUE THE COMPANIES, THEIR PARENT, SUBSIDIARY, AND AFFILIATED ENTITIES, AND THEIR EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, CARETAKERS, MANAGERS, COOKS, HOUSEKEEPERS, CAPTAINS OF VESSELS, DECKHANDS, GUIDES, OTHERWISE ASSOCIATED PERSONNEL, AND ALL OF THEIR VESSELS (WHETHER OWNED, OPERATED, CONTROLLED, BORROWED, LEASED, CHARTERED OR OTHERWISE) HEREINAFTER REFERRED TO COLLECTIVELY AS THE “RELEASED PARTIES” AND TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE, AND THE SEAWORTHINESS OF ANY VESSEL (REGARDLESS OF WHEN SUCH CONDITION AROSE). I AM SIGNING THIS RELEASE IN CONSIDERATION OF AND EXCHANGE FOR MY PARTICIPATION IN THE ACTIVITY CONDUCTED, SPONSORED OR OTHERWISE AFFILIATED WITH THE RELEASED PARTIES.
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH LODGING, BOATING, FISHING, AND OTHER CHARTER ACTIVITIES, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures, acts of fellow participants, boarding or disembarking boats, injuries caused by fishing or hunting equipment, and activities on the docks, and I HEREBY ASSUME EACH AND EVERY SUCH RISK WHETHER SPECIFICALLY LISTED HEREIN OR NOT AND WHETHER FORESEEABLE OR NOT. IT IS MY INTENTION THAT THIS RELEASE BE CONSTRUED AS BROADLY AS POSSIBLE AND IN FAVOR OF THE RELEASED PARTIES.
I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND THE SAFETY OF OTHERS AND I AGREE TO DO SO. I affirm that I am in good mental and physical fitness for lodging, boating, fishing and/or hunting and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contradictory to lodging, boating or hunting. If I am taking medication, I affirm that I have seen a physician and have approval to participate in the charter activity while under the influence of the medication/drugs. I will not hold the RELEASED PARTIES responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while lodging, fishing, hunting, riding on a boat or the charter or transfer to or from the boat, or vessel, or otherwise participating in the charter, regardless of whether the injury is foreseeable or not. I specifically waive and relinquish any right to sue or bring claim for any injuries which occur as a result of rough seas or damages to my person as a result of being at sea, including but not limited to back injuries, neck injuries, spine injuries or death.
I fully understand that the involved vessels have limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment may be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
The Companies and/or its vessel(s) and/or affiliated personnel have made no representation to me, implied or otherwise, that they or their crew can or will perform rescues or render first aid or medical treatment. In the event I show signs of distress or call for assistance, I will not hold the Released Parties, their owners, operators, crew, vessels, passengers or insurers responsible for their actions in attempting the performance of such rescue or rendering first aid or for anything else which may occur during the course of the lodging and/or charter, including pre-boarding and post-disembarkation.
I assume the risk of, and stipulate that the Companies shall not be liable for injury, death or delay of or to me arising from, caused by, or in the judgment of the Companies made necessary or advisable by reason of the following: Act of God, arrests, restraints of governments, fire, collision, standing or grounding. The Companies shall not be liable to Customer for perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind or lack of water or passageway in canals. The Companies shall not be liable to Customer for theft, accident to or from machinery, boilers, steam or latent defects even though existing at embarkation or commencement of charters, desertion of crew, seizure of vessel by legal process, strike, lockout, labor disturbances or causes of any kind beyond the vessel’s control whether of like or similar character to the foregoing.
The Companies shall incur no liability whatsoever for the loss, destruction, theft, delay or damage of or to any of my personal baggage, effects, property, boats, or equipment retained in my custody.
I agree to forever discharge and release the Released Parties from any and all responsibility or liability for any and all injuries or damages. I agree that I will
not make and hereby release and forever relinquish any and all claims against the Released Parties for injuries or damages, whether they arise or result from the Released Parties’ negligence or other liability. I further specifically agree, on behalf of myself, my heirs, assigns, executors and administrators, to indemnify and hold harmless the Released Parties for any and all causes of action arising as a consequence of any incidents which might occur, directly or indirectly, out of my participation in any lodging, hunting, or charter fishing activity with or involving the Released Parties. Under no circumstances will the Companies or any other Released Party be held liable for damages in excess of the price of the lodging and/or charters.
The parties hereby agree and stipulate that this Waiver and the activities contemplated herein shall be governed by the General Maritime Law of the United States. The parties hereby agree that any claim, demand, cause of action, or dispute of any kind arising under or in connection with this Waiver and Release shall be brought in the U.S. District Court for the Southern District of Mississippi. The parties hereby waive any right to a jury trial.
BY SIGNING THE ATTACHED ASSUMPTION OF RISK ACKNOWLEDGMENT ROSTER, I ATTEST THAT I HAVE THOROUGHLY AND COMPLETELY READ THIS WAIVER & RELEASE, AM AWARE THAT IT IS A RELEASE OF LIABILITY AND CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future, and I further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made. I ALSO AGREE, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR MINORS IN MY CARE TO RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS THE MINOR MAY HAVE, OR WHICH MAY ARISE FROM THEIR INVOLVEMENT AND PARTICIPATION IN THE ACTIVITIES DESCRIBED ABOVE.