Waiver and liability
PASSENGER WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK
IMPORTANT – PLEASE READ CAREFULLY BEFORE ACCEPTING
1. ACKNOWLEDGMENT OF INHERENT RISKS
I understand that participation in yacht charter activities involves inherent risks, dangers, and hazards, which may result in injury, illness, death, or property damage.
These risks include, but are not limited to:
- Slipping, tripping, or falling on wet or uneven surfaces
- Drowning or water-related accidents
- Changing weather, waves, and marine conditions
- Mechanical or equipment failure
- Boarding and disembarking risks
- Actions or negligence of other passengers
I acknowledge that such risks may occur even if reasonable precautions are taken.
2. ASSUMPTION OF RISK
I voluntarily accept and fully assume all risks, known and unknown, foreseeable and unforeseeable, associated with my participation in the charter.
3. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by the laws of Ontario, Canada, I hereby:
- Release
- Waive
- Discharge
Wave Rider Yacht Inc., its owners, directors, officers, employees, crew members, contractors, and agents (collectively, the “Released Parties”)
from any and all claims, demands, damages, losses, or liabilities arising out of or in connection with:
- Personal injury
- Death
- Property damage
INCLUDING ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, costs, or expenses (including legal fees) arising from:
- My actions or omissions
- My breach of this agreement
- My failure to follow instructions or safety rules
5. COMPLIANCE WITH CAPTAIN & CREW
I acknowledge that:
- The Captain has full authority over all safety and operational decisions
- I must follow all instructions from the Captain and crew at all times
Failure to comply may result in immediate termination of my participation without refund.
6. HEALTH & FITNESS DECLARATION
I confirm that:
- I am physically and medically fit to participate
- I do not have any condition that would endanger myself or others .
7. ALCOHOL & PERSONAL CONDUCT
I acknowledge
- I acknowledge that:
Alcohol consumption is at my own risk - I remain fully responsible for my behavior
The Company reserves the right to limit or prohibit alcohol consumption for safety reasons.
8. MEDIA RELEASE
I consent to the use of photographs and videos taken during the charter for promotional purposes, unless I notify the Company in writing prior to departure.
9. GOVERNING LAW
This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada.
10. SEVERABILITY
If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
11. BINDING AGREEMENT & ELECTRONIC ACCEPTANCE
By selecting the checkbox “I Agree” and completing the booking:
- I confirm that I have read and understood this agreement in full
- I voluntarily agree to be legally bound by its terms
- I understand that this constitutes a legally binding waiver of my rights
- I agree that electronic acceptance is equivalent to a handwritten signature
12. AGE REQUIREMENT
I confirm that:
- I am at least 19 years of age, OR
- I am the legal guardian accepting on behalf of all minors included in this booking
