Liability Waiver and Assumption of Risk
Draft — to be reviewed by a licensed attorney before launch.
Please read this document carefully. By signing it, you give up certain legal rights. Every passenger and training participant must sign before boarding. A parent or legal guardian signs for anyone under 18.
1. Activities covered
This waiver covers my participation in any activity with Seawise Logistics [LLC — confirm exact legal name] and its captains, crew, employees, agents and the independent operators it works with (together, "Seawise"), including boarding and leaving vessels, private charters, swimming, snorkeling, floating, water toys, captain training and any related activity on the water, at docks, marinas or on shore (the "Activities").
2. Assumption of risk
I understand that boating and water activities involve inherent risks that cannot be fully eliminated, even with careful operation. These include, among others:
- changing weather, waves, wind, currents and sudden boat movement;
- slips, trips and falls on wet decks, docks and ladders;
- drowning or near-drowning;
- seasickness, sunburn, heat exhaustion and dehydration;
- contact with marine life, coral, rocks and other hazards in the water;
- injuries from lines, anchors, propellers, engines and equipment;
- being far from medical care, with delays in emergency response.
I voluntarily choose to participate and I accept these risks.
3. Medical fitness
I confirm that I am in good health and have no medical condition that makes the Activities unsafe for me, or that I have consulted a doctor and accept the risk. I will tell the captain before departure about any condition that could matter on board (for example heart conditions, epilepsy, diabetes, severe allergies or pregnancy) and bring any medication I may need. I am not under the influence of drugs or alcohol to a degree that affects my safety.
4. Swimming
I will tell the crew if I, or any minor in my care, cannot swim or are not a confident swimmer. I understand that swimming and snorkeling are optional and at my own risk, that there are no lifeguards, and that I must wear a life jacket or flotation device whenever the captain asks.
5. Following crew instructions
I will follow all safety briefings and instructions from the captain and crew, stay seated while the boat is moving fast, keep hands and feet inside the boat when docking, and stay away from the stern and propellers when engines are running. I understand the captain may change or end the trip, or refuse boarding, for safety reasons, and that this decision is final.
6. Release and indemnity
To the fullest extent permitted by law, I release, waive and agree not to sue Seawise for any injury, illness, death, loss or damage to me or my property arising from the Activities, including from the ordinary negligence of Seawise. I agree to indemnify Seawise for any claim or cost caused by my own conduct or by a breach of this waiver. This release does not apply to gross negligence or willful misconduct, or to any liability that cannot be waived under Puerto Rico or federal law.
I authorize the captain and crew to obtain emergency medical care for me if needed, and I accept responsibility for its cost.
7. Minors
Anyone under 18 must be accompanied by a responsible adult on board, and a parent or legal guardian must sign this waiver on their behalf. By signing for a minor, I confirm that I have legal authority to do so, I accept these terms for the minor and for myself, and I will supervise the minor at all times. Children must wear a properly fitted life jacket whenever required by law or by the captain.
8. General
This waiver is governed by the laws of Puerto Rico and, where applicable, United States federal and maritime law. If any part is found unenforceable, the rest remains in effect. I confirm that I have read this document, understand it, and sign it voluntarily. An electronic signature has the same effect as a handwritten one.
Questions about this document? Write to us at info@seawiselogistics.com.
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