Nouveau Magic Assumption of Risk and Complete Release of Liability
I/We understand that the purpose of signing this document is to EXEMPT and RELEASE Nouveau Resort, Nouveau Magic, their owners, employees, agents, and associated personnel, and all of its boats (whether owned, operated, controlled, borrowed, leased, chartered or otherwise) hereinafter referred to as the “Released Parties” and to hold these entities harmless from any and all liabilities arising as a consequence of any acts or omissions on their part, including but not limited to negligence of any type. I/We am/are signing this release in consideration of being permitted to participate in the activity conducted, sponsored or otherwise affiliated with the released parties.
I/We UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING AND WATERSPORTS ACTIVITIES, included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including marine animal bites), acts of fellow participants, entering or exiting the water, boarding or disembarking boats, injuries caused by fishing equipment,activities on the docks and I/We HEREBY ASSUME EACH AND EVERY SUCH RISK WHETHER SPECIFICALLY LISTED HEREIN OR NOT AND WHETHER FORESEEABLE OR NOT. IT IS MY/OUR INTENTION THAT THIS RELEASE BE CONSTRUED AS BROADLY AS POSSIBLE AND IN FAVOR OF THE RELEASED PARTIES.
I/We understand that released parties are not responsible for any lost, stolen, or damaged valuables or property as a result of participating in the activities and services provided by the Released Parties.
I/We UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY/OUR OWN SAFETY AND PROPERTIES AND I AGREE TO DO SO.
I/We will not remove my flotation device at any time while in the water. I/We acknowledge that doing so will constitute a violation of safety rules and procedures for which I/we expressly assume the risk.
I/We assert that I/we am/are physically fit to ride on a boat in all sea conditions in addition to any related water sports activities and transfers from boat to boat including tenders and I/we will not hold the Released Parties responsible if I/We am/are injured as a result of ANY problems (medical, accidental, or otherwise) which occur while fishing, riding on the boat, swimming or participating in water sports activity or transfer from boat to boat or otherwise participating in the trip, regardless of whether the injury is foreseeable or not. I/We specifically promise not to sue or bring claim for any injuries which occur as a result of rough seas or damage to my person as a result of being at sea, including but not limited to back injuries, neck injuries, spine injuries or death.
I/We fully understand that the involved vessel has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed significantly until I/We can be transported to a proper medical facility. I/We agree in advance to these conditions.
The participating crew and affiliated personnel have made no representation to me/us implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I/We show signs of distress or call for aid I/We would like assistance and will not hold the Released Parties, their owners, operators, crew, dive boats, passengers or insurers responsible for their actions in attempting the performance or rescue or first aid or for anything else which may occur during the course of the excursion, including pre-boarding and post disembarkation.
I/We have read this agreement, am aware that it is a release of liability and a contract between myself/my group as listed in the PASSENGER MANIFEST and the Released Parties. I/We sign it of my own free will and agree to be bound by it, from the date of my/our signature, forever into the future.