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B DIVING & WATERSPORTS BV
WATER SPORTS EQUIPMENT RENTAL LIABILITY RELEASE AND INDEMNIFICATION FORM
B DIVING & WATERSPORTS BV is pleased to offer you Water Sports Equipment for your personal, recreational use. When used in a reasonable and prudent manner a pool float, kayak, stand up paddle-board, wake boarding, floating trampoline, water skiing, banana boat, body-/ skim board, inter tube, floating board or floating ring (each “Water Sports Equipment”) is not likely to cause serious physical injury or death. But an accident can happen. We cannot insure your safety while in the ocean. When using the equipment you must take personal responsibility for following instructions, any posted warnings, and your own common sense and judgement.
We ask you to sign this document so that we will know that you agree not to raise any type of claim if you or your family member is harmed while using our equipment. This document is called a RELEASE AND INDEMNIFICATION. Signing this document will affect your right to raise a claim against us and may be used as evidence in an adjudicative proceeding in the event that you do so. In addition, by signing this document, you assume all liability for any injury or damage that you may cause by use of the Water Sports Equipment.
Please read this document. We do not want you to use our equipment if there is anything in this release and indemnification that you do not understand or that you do not accept.
The use of Water Sports Equipment involves several risks that may be unfamiliar to you. These risks include, but are not limited to, severe spinal injury, serious abdominal trauma resulting in injury to the liver or spleen, or drowning. There are also general risks of injury due to the power of ocean tidal waters, waves, wind, currents, riptides, freak waves, breaking waves, and possible risks from unseen and/or buried coral, sea shells with sharp edges, sea urchins with long sharp spine, rocks, unseen and/or buried objects, and marine wildlife.
I understand and acknowledge that my experience, physical condition, and medical condition, if any, all contribute to my ability to use the Water Sports Equipment safely. Some risks are wholly beyond my control. These include hazards and conditions created by surfers and their boards, body/skim boarders and their boards, swimmers, body surfers, boats and/or catamarans, canoes and/or kayaks, and fishermen and their equipment. It is also my responsibility to avoid the ingress and egress zones when motorized vehicles or sailboats are present. I understand that the use of this equipment involves risks of injury, including injuries as severe as broken bones, paralysis, and death, no matter how much care I use.
If there is any doubt in your mind about your ability to handle the Water Sports Equipment, please do not use it.
B Diving & Watersports BV can refuse to rent Water Sports Equipment to any person or to terminate use of Water Sports Equipment by any person whom they believe is either unwilling or unable to use the equipment appropriately and competently. I accept their right to take such action for the safety of myself and/or other persons.
I agree to reimburse B Diving & Watersports B.V. for the loss or breakage of any and all Watersports equipment at the current replacement value and to pay for any damages incurred while using and or transporting the equipment. I will also take full responsibility to cover any and all cost made in the case I drift out to the open water due to incorrect use of the equipment, my inability to handle the equipment and / or not following the instructions given to me. I am aware of the (minimum) $ 100 fine to be picked op from open water and brought back to shore in case I drift out.
By signing below I agree, for myself and for my heirs, successors and assigns, to forever release and discharge B DIVING & WATERSPORTS, CAS ABAO BEACH AND HOREX NV, and its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, employees, successors and assigns from any and all actions, costs, suits, demands, claims, damages, losses and liabilities (including reasonable attorneys’ fees) of any type or kind whatsoever arising out of any reason or cause, injury or death, whatsoever, occurring from, connected with, originating from, or caused by my use of the Water Sports Equipment.
I also hereby agree to indemnify, defend and hold blameless B Diving & Watersports BV, Cas Abao Beach and Horex NV and its subsidiaries and affiliates, and their respective officers directors shareholders agents, employees, successors and assigns from any and all actions, costs, suits, demands, claims, damages, losses and liabilities (including reasonable attorneys' fees) of any type or kind whatsoever arising out of, any reason or cause, injury or death, whatsoever, occurring from, or caused by my use of the Water Sports Equipment.
This agreement shall be governed by the laws of Curaçao and shall be adjudicated in the courts of Curaçao to the exclusion of any other courts.
If individual is under eighteen (18) years old, the following section must be completed: I have read and I understand this document. I understand and agree that it is binding on me, my child (named above), our heirs, assigns and personal representatives. I acknowledge that I am eighteen (18) years old or more and that I am the parent or guardian of the child named above.