Sign Digital Waiver

Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement
BY SIGNING THIS DOCUMENT, I WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT. I ALSO ACKNOWLEDGE AND AGREE THAT THIS WAIVER COVERS ANY AND ALL MEMBERS OF MY PARTY FOR THE DURATION OF OUR STAY.

In this Agreement, the term “water sport activities” shall include but is not limited to scuba diving. wading, biking, swimming, snorkeling, boating, fishing, hiking, kayaking, paddle boarding, guided tours and all activities, services and use of facilities and equipment either provided by or arranged by Nealco Air Charter Services INC. DBA Makers Air, Staniel Cay Yacht Club LLC, Bahamas Island Tours, and Staniel Cay Adventures a company incorporated under the laws of the Commonwealth of The Bahamas (hereinafter collectively referred to as (“SCA”).

I am aware that participation in water sports and other activities involves many risks and that SCA is not responsible for predicting whether any given area is safe for use or travel. The island of Staniel Cay and surrounding area is not controlled or marked. I accept full responsibility for my own safety and that of all members of my party and agree that neither SCA nor anyone associated with SCA bears any of said responsibility and hereby release SCA from any liability in this regard.

I hereby agree as follows: TO HOLD HARMLESS AND INDEMNIFY SCA AND ALL PERSONS ASSOCIATED WITH SCA from any and all liability for any property damage or personal injury to myself, my party and to any third party resulting from my participation in water sport and other activities, including guided tours, fishing and scuba diving.

This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.

This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Commonwealth of the Bahamas and no other jurisdiction.

Any litigation involving the parties to this Agreement shall be brought solely within the Commonwealth of the Bahamas and shall be within the exclusive jurisdiction of the Courts of the Commonwealth of the Bahamas. In entering into this Agreement, I am not relying on any oral or written representations or statements made by SCA with respect to the safety of water sport and other activities, other than what is set forth in this Agreement.