Waivers and Disclaimers
WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND AGREEMENT TO FOLLOW RULES
This document (the "Agreement") is between Wander the Waves ("Company") and the participant listed below ("Participant"). In consideration of the services provided by Company, Participant agrees to the following:
Assumption of Risk. Participant understands and acknowledges that engaging in water-based activities, including but not limited to, sailing, surfing, paddleboarding, and kayaking, involves inherent risks of injury, illness, or death. Participant voluntarily assumes all risks associated with participation in the activities provided by Company, including but not limited to, the risks of collision, capsizing, drowning, hypothermia, sunburn, and exposure to wildlife.
Proper Attire and Equipment. Participant agrees to wear appropriate clothing and safety equipment, including a properly fitted life jacket, while participating in any activity provided by Company. Participant understands that failure to follow Company's safety instructions may result in injury, illness, or death.
Wander the Waves is not responsible for any loss, theft, or damage to any personal property, including but not limited to electronic devices, brought on board by the client or any other individual participating in the activity.
Compliance with Rules. Participant agrees to comply with Company's safety rules and instructions at all times, and to obey the directions of the skippers in charge of any vessel. Participant understands that any violation of these rules or instructions may result in the immediate termination of participation in any activity and/or removal from the vessel, and forfeiture of any fees paid to Company.
Disclosure of Medical Conditions. Participant represents and warrants that they are physically fit and able to participate in the activities provided by Company, and that they do not have any medical conditions that would make participation unsafe. Participant agrees to disclose any pre-existing medical conditions or disabilities that may affect their ability to participate in the activities safely.
Release of Liability. Participant, on behalf of themselves and their heirs, executors, administrators, and assigns, hereby releases, waives, discharges, and covenants not to sue Company, its owners, employees, agents, and contractors, from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant, or to any property belonging to Participant, whether caused by the negligence of Company or otherwise, while participating in any activity provided by Company.
Indemnification. Participant agrees to indemnify and hold harmless Company, its owners, employees, agents, and contractors, from any and all claims, actions, suits, costs, expenses, damages, and liabilities, including attorney's fees, arising out of or related to Participant's participation in any activity provided by Company.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the activity takes place.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, negotiations, or understandings, whether oral or written. Any modifications to this Agreement must be in writing and signed by both parties.
GDPR Compliance. Company takes the necessary measures to comply with the General Data Protection Regulation (GDPR) and is committed to protecting the privacy and personal data of its customers.
Improper Conduct. Participant agrees to comply with Company's Improper Conduct Policy, which prohibits unsafe, aggressive, violent, or defiant behavior toward the skippers, other participants, or any third parties. Participant understands that any violation of this policy may result in the immediate termination of participation in any activity and/or removal from the vessel, and forfeiture of any fees paid to Company.
By signing this agreement, the participant acknowledges that they have read and understood its contents and agree to be bound by its terms.
Failure to sign this agreement will result in the participant being prohibited from sailing with Wander the Waves.