Limited Liability Waiver
for travel on the M/V Sosueme
1. In consideration for receiving permission to travel on the M/V Sosueme, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the owner, his family, agents, marina staff, boat manufacturer, (hereinafter referred to as RELEASEES) 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 or injury, or loss caused by drowning, electrocution, food poisoning, drunkenness, bad hair, heat stroke, shark bites, fire, jellyfish stings, sunburn, angry boaters, lighting strikes, sinking, carbon monoxide asphyxiation, collisions, Coast Guard citations, lost hats, sea sickness, allergic reactions, marital arguments, windburn, dehydration, pregnancy, blood loss, groundings, or any other life threatening, and or any other deleterious event that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on, upon or near the vessel, or even anywhere where the activities, related or not are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. I am fully aware of the potential risks and hazards connected with the activities of traveling on the M/V Sosueme, and I am aware that such activities will include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing full well that the activities may well be very hazardous to my property and me. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind all members of my family spouse, and all descendants for all time, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the Republic of Tonga and that any mediation, suit, or other proceeding must be filed or entered into only in the courts of the Republic of Tonga. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed, regardless of my mental state or level of intoxication; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least six (6) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
IN WITNESS WHEREOF, I have signed this Waiver and Agreement under seal on this day of ________________, 201_______.
Waiver processing fee of $650 must be paid in full, in advance.
Residents of Florida, may have additional rights as set out by state law.