BOAT PASSENGER WAIVER

I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE “CRYSTAL BAY BOAT EXCURSIONS” / “CRYSTAL BAY EXUMA”, THEIR EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED, OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.

​

1. INHERENT RISKS: I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, REEF FISHING, SNORKELING, SWIMMING, AND WADING ON SANDBARS, including but not limited to equipment failure, perils of the sea, strong currents, changing tides, harm caused by marine life or wildlife (including bites or stings), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks, and I HEREBY ASSUME ALL SUCH RISKS.

2. WILDLIFE INTERACTION: I acknowledge that this charter may include viewing and interacting with wild, free-roaming, and feral animals (including but not limited to swimming pigs, nurse sharks, stingrays, and rock iguanas). I understand that animal behavior is entirely unpredictable. I assume all risks of personal injury, bites, scratches, or property damage associated with feeding, swimming near, or interacting with any wildlife.

3. PERSONAL SNORKELING EQUIPMENT: I understand that Crystal Bay Boat Excursions / Crystal Bay Exuma does not provide snorkeling gear. If I choose to use my own personal snorkeling equipment, I assume full responsibility for its condition, fit, and safe operation. I assume all risks associated with the activity of snorkeling, including drowning or injury on coral reefs.

4. THIRD-PARTY ESTABLISHMENTS: I understand that stops at independent, third-party establishments (such as waterfront bars, restaurants, or marinas like Chat 'N' Chill) and the use of third-party transportation/taxis are strictly at my own risk. The Released Parties are not liable for the food, services, premises, or actions of any third-party vendors.

5. DUTY OF CARE: I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

6. PHYSICAL FITNESS: I assert that I am physically fit to ride on a boat and participate in water activities. I will not hold the Released Parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which may occur while fishing, snorkeling, riding on the boat, or otherwise participating in the trip.

7. SAFETY COMPLIANCE & FLOTATION DEVICES: I agree to comply with all safety instructions given by the Captain and crew. I agree to wear a Coast Guard-approved personal flotation device when instructed to do so by the Captain. I acknowledge that refusing to follow safety directives constitutes a violation for which I expressly assume all risks.

8. MEDICAL EMERGENCIES: I fully understand that the involved boat 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 until I can be transported to a proper medical facility. I agree in advance to these conditions.

9. RESCUE LIMITATIONS: The Released Parties have made no representation to me, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold the Released Parties, their crew, boats, or passengers responsible for their actions in attempting the performance of rescue or first aid.

10. WEAPONS & ILLEGAL SUBSTANCES: I understand that no firearms, weapons, or illegal substances will be permitted on the boat for my own safety and the safety of everyone on board.

11. PETS: I understand that NO PETS are allowed on any of the excursions for my own safety and the safety of everyone on board.

12. ALCOHOL CONSUMPTION: I understand that the responsible consumption of alcohol is only allowed for adults of the legal drinking age, and is strictly prohibited for minors. The crew reserves the right to regulate the amount of alcohol consumed onboard if they feel it may negatively impact anyone's safety.

13. CHILD SUPERVISION: I understand that CHILDREN OF ALL AGES CAN JOIN THE EXCURSION; HOWEVER, THEIR SAFETY IS SOLELY DEPENDENT ON THEIR ACCOMPANYING SUPERVISOR OR LEGAL GUARDIAN. Depending on the activity, minors may not be allowed to participate independently.

14. JURISDICTION: I agree that any disputes, claims, or litigation arising from this waiver, the charter, or my participation in these activities shall be governed strictly by the laws of the Commonwealth of The Bahamas, and I consent to the exclusive jurisdiction of the Bahamian courts.

15. RELEASE OF LIABILITY: IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE.

16. ORGANIC PHOTO AND MEDIA RELEASE: I hereby grant Crystal Bay Boat Excursions / Crystal Bay Exuma and its representatives permission to take photographs and video recordings of me and my minor children during the excursion. I authorize the company to share these media assets strictly on its organic social media accounts or website. Crystal Bay Exuma expressly agrees that it will not sell these images or videos to any third party, nor will it use my image or likeness in any paid advertising campaigns, sponsored content, or commercial marketing materials.

17. GROUP REPRESENTATION AND BINDING AGREEMENT: I acknowledge and agree that I am signing this waiver on behalf of myself and all members of my party/group participating in this charter. By signing below, I certify that I have the legal authority to act on behalf of all individuals in my group, that I have informed them of the terms of this waiver, and that my signature legally binds all members of the group to the terms, conditions, and release of liability contained herein.

18. COMPLETE AGREEMENT: I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of my heirs, my personal representatives, and myself. This document constitutes the final and entire agreement between the Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.

​

I have read this agreement, am aware that it is a release of liability, and a contract between the Released Parties and myself. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all Releases and, for myself, my child, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.