CONDITIONS OF PARTICIPATION
SNORKELING EQUIPMENT RENTAL, WATERSPORTS & EXCURSIONS

Villa Host (VSA) Name / 管家姓名 / Имя батлера
Nationality / 国籍 / Национальность

PLEASE READ CAREFULLY BEFORE SIGNING

This is a statement in which you are informed of established conditions of participation in our activities. Your signature on this statement is required. Read and discuss the statement prior to signing. By signing this document you may waive certain legal rights, including the right to sue. If you are a minor, this form also must be signed by a parent or a guardian.

SNORKELING EQUIPMENT RENTAL

I hereby agree that:

  • I am fully liable for all snorkelling equipment handed to me.

  • I will return all equipment to the dive centre with a maximum of 2 (two) hours before my departure from the hotel (resort).

  • If any equipment is not returned on time (2 (two) hours before departure from the hotel (resort), or returned in a damaged state or is lost, the following charges will apply:

  • Snorkel $ 25++

  • Mask $ 50++

  • Fins $ 75++ (single fin or pair of fins alike)

  • Life Vest $ 60++

  • Equipment Bag $ 25++

All prices are in United States Dollar and subject to 10 % service charge and prevailing 16 % government taxes

-  It is understood that I am a competent snorkeler and that no claim can be forthcoming from the use of the snorkelling equipment hired by me.
-  All equipment shall be inspected by myself prior to leaving the dive centre to ensure correct function and serviceability.

 - I acknowledge that once the equipment leaves the dive centre, it is considered as hired and Sub Oceanic will carries no further responsibility.

 -  I understand that there are inherent risks involved with snorkelling, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water and I hereby voluntary assume such risks.

 -  I declare that I don’t have any severe underlying physical or mental condition that could affect my ability to snorkel safely.

I represent that I have read and fully understand the consequences of signing this statement and have done so voluntarily upon careful consideration.

ACKNOWLEDGEMENT

I hereby assume all risk of injury or harm associated with the use of the snorkelling and or diving equipment and agree to indemnify and forever release Sub Oceanic Ventures Private Limited (“Sub Oceanic”), its staff and employees, GBH Maldives Resorts Private Limited (the “Hotel Owning Entity”), its employees, Sirru Fen Fushi Private Lagoon Resort (the “Hotel”), its staff and employees from any liability, claims or demands related to but limited to any potential injuries, loss of life caused in connection with the use of the snorkelling equipment. By providing my contact details, I agree to receive messages from Sub Oceanic.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & IDEMNIFICATION AGREEMENT


CONDITIONS OF PARTICIPATION – GENERAL, WATERSPORTS AND EXCURSION

1.The participant must strictly comply with Sub Oceanic staff instructions concerning,

but not limited to, minimum certification/ability/level of training requirements, area

of activity, time frames and passenger limits. Swimmers, snorkelers and divers have

priority. Watersports participants shall stay clear and give way. Otherwise he/she may

be excluded from watersport or related activities without being entitled to a refund.

2.The participant shall stay within sight of the instructor/responsible person when

conducting any independent watersports activity. The independent visit of other

islands by means of catamaran, surfboard, canoe,etc. is not permitted.

For equipment rescue Sub Oceanic reserved the right to charge a minimum of 40.00 USD.

3.The participant is liable for any damage or loss of equipment, material and safety

tools whereby Sub Oceanic Ventures Pvt. Ltd. is entitled to charge for loss of

earnings in addition to the repair or renewal costs.

4.The participant shall check all equipment and material before usage and report

defects. Defects detected after using shall be treated as defined by 3.

5.The rental of windsurfing, kitesurfing equipment and the catamarans require a

basic skill set. For safety reasons it is not allowed to teach yourself and others.

6.Participants confirm to be able to swim independently without floatation devices

for a minimum of 15 minutes. In addition they comply with the level of training required for the activity they would like to take part in.

7.The participant declares that he/she doesn’t have any severe underlying conditions which affects his ability to conduct chosen activities

8.All participants agree to wear a life vest at all times.

9.Participants declare that they have been given a location and safety briefing and

know where watersports is permitted, in addition to emergency procedures

10.Payment is made directly with the enrolment for an activity. Kindly note our

cancellation policy: all activities cancelled after 18:00pm on the day before will be

charged 50% of the price, cancellations on the same day will be charged a.100%.

Should participants discontinue an activity no reimbursements shall be made. If the

maximum rental time as defined by the price list is exceeded Sub Oceanic reserves the

right to charge for extra time.

CONDITIONS OF PARTICIPATION – JET SKI

The renter is 100% liable for any damage caused on material and people including him/herself and/or loss of equipment, material and safety tools where by Sub Oceanic Ventures Pvt. Ltd. is entitled to charge for loss of earnings in addition to the repair or renewal costs.

1.Minimum age of renting a jetski is 18 years. Drivers must be a minimum 16 years of age. Minors must be accompanied by an adult.

2.Maximum number of guests on a jet ski is two and the max. weight limit is 240 kg.

3.Participants must able to swim independently without floatation devices for a minimum of 15 minutes. In addition they agree to wear a personal life vest at all times.

4.All operators agree to wear the lanyard-type engine cut offs attached to himself or herself or the personal flotation device. All safety equipment is provided without charge.

5.The careless, headless and without due caution operation of the jetski, exceeding a safe speed limit and/or endangering another person, boat or property is prohibited. This includes but is not limited to following a boat, a skier or fun tube at a distance of less than 60 meters or weaving through congested traffic.

6.Participants declare that they appear 15 minutes before their reservation and confirm they have been given a location, operations and safety briefing. This includes but is not limited to:

-The operator was made aware of the designated ‘Jetski Riding Area’

-Operators must stay within these designated boundaries at all times.

1.No jetski may be operated within or through a designated bathing, snorkelling or diving area including the lagoon.

2.Participants must keep a distance of reefs and other prohibited areas of no less than 60 meters.

3. If the operator is in trouble, they are obliged to cross their arms over their head and wait for an employee of Sub Oceanic to come to their aid.

CONDITIONS OF PARTICIPATION – FLYBOARD, JETPACK HOVERBOARD, PARASAILING

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

In consideration of being allowed to use the facilities and participate in Flyboard, Hoverboard, and Jetpack Instruction, Parasailing and other activities (collectively the "Activities") provided by Sub Oceanic Ventures Pvt Ltd (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the

Participant's participation in the Activities or the use of any equipment provided by the Host (Equipment"), including while receiving instruction and/or training;

1.TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death; operators, employees,

agents, officers, and/or any entity to which the Host owes a contractual indemnification

obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;

1.TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers,

and/or any entity to which the Host owes a contractual indemnification obligation

from all liability far any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators,

employees, agents, officers, and/or any entity to which the Host owes a contractual

indemnification obligation, to the fullest extent permitted by law. However, nothing

in this Agreement shall be construed as a release for conduct that is found to

constitute gross negligence or intentional conduct;

2.TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability far any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the

Activities and/or use of the Equipment, including while receiving instruction and/or

training.

PERSONAL RESPONSIBILITY FLYBOARD, JETPACK HOVERBOARD

The Participant and his/her parent(s) or legal guardian(s) certify that Participant has

no physical or mental condition that precludes him/her from participating in the

Activities and that he/she is not participating against medical advice.

1.The Participant and his/her parent(s) or legal guardian(s) understand that

Participant's participation in the Activities is voluntary and further understand that

they have the opportunity to inspect the Host's Equipment and facilities before any

participation.

2.The Participant and his/her parent(s) or legal guardian(s) understand that

Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

3.If, while participating in the Activities, the Participant or his/her parent(s) or legal

guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

PARASAILING RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION

OF RISK ASSOCIATED WITH PARASAILING AND RELATED ACTIVITIES AND

INDEMNITY AGREEMENT

I (we) do hereby affirm and acknowledge that I (we) have been fully informed of the

inherent hazards and risks associated with parasailing and related water sport activities

to which I (we) am (are) about to engage.

DECLARATION OF FITNESS TO PARASAIL:

I hereby declare that I am physically fit. I do not, and have not, suffered from any of the

following conditions, which I understand may lead to a dangerous situation with regard

to other persons or myself during Parasailing:

Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain

or nervous system, high blood pressure, lung or heart disease, recurrent weakness or

dislocation of any limb, diabetes, mental illness, drug or alcohol addition, recent back

injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever,

thyroid adrenal or other glandular disorder, recent blood donation or any condition that

requires the regular use of drugs.

I hereby declare that I have no physical or mental condition that should preclude me

from participating in my chosen activity, that I am not participating against medical

advice or treatment, and that I have not been diagnosed by a registered doctor as having

a terminal illness.

Even if I have a health condition as stated above of which I am unaware, by signing this

form, I still choose to participate in the activity of Parasailing and agree to waive all

responsibilities to all above mentioned parties concerning any consequences that would result from my actions

I further declare that in the event that I feel ill or unwell, have any physical complaints

whatsoever or if an injury is sustained of any kind during the course of Parasailing

activities, I will notify the Captain of the Parasail vessel immediately and before

disembarking from the vessel.

I have read the above Declarations understand them, and I agree to be bound by them.

PHOTOGRAPHY/VIDEO RELEASE – ALL ACTIVITIES

Participant hereby grants to the Host, its representatives, and employees the right to take

photographs/videos of Participant in connection with Participant's participation in the

Activities. Participant hereby authorizes the Host to copyright, use and publish the same in

print and/or electronically. Participant hereby agrees that the Host may use such

photographs of Participant for any lawful purpose, including but not limited to publicity,

illustration, advertising, and Web content.
By providing my contact details, I agree to be contacted by Sub Oceanic.

BINDING ARBITRATION - ALL ACTIVITIES

The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a

minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or

arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims,

Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the

Activities, and/or (3) any other interaction between the Participant and the Host, including

the determination of the scope or applicability of this agreement to arbitrate, to binding

arbitration. For such disputes, there shall be a three -member arbitration panel, consisting

of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one

neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed

arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a

third, neutral arbitrator, the neutral arbitrator shall be appointed by the Maldives Court,

for the district in which the Activities occurred. Each party shall pay its own costs, including

the costs associated with the party-appointed arbitrators, and the parties shall share

equally the costs associated with the neutral arbitrator. The arbitration proceeding shall

proceed in the County where the Activities occurred, and shall be governed by the Federal

Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery

schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall

confirm whether the Waiver and Release contained in this Agreement are enforceable

under applicable law. Judgment on the Award may be entered in any court having

jurisdiction over the parties and controversy. Participant and the Host specifically intend

this Binding Arbitration provision to survive in the event that any other portion of this

Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are

giving up your right to commence litigation against the Host in a court of law, and you are

giving up your right to a trial by jury.

To the extent that any portion of this Agreement is deemed to be invalid under the law of

the applicable jurisdiction, the remaining portions of the Agreement shall remain binding

and available for use by the Host and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY

SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.


INFANTS BELOW THE AGE OF 3 YEARS – ADVICE

We allow infants below the age of 3 on our boats. However, we strongly advice against it

due to several reasons

- The balance system of small children is usually not yet stable and the risk of falling

and injury is significantly higher due to the bobbing of the boat

- Infants do not fit regular life vests for kids. It is dangerous for a child to wear a life

jacket that does not fit. A poorly fitted life jacket that is too loose can still slip off a child.

Please provide for your own life vest. It needs to be worn at all times while on the boat.

- Even with a life vest worn: in case of a man overboard incident a small child below 3 is

more likely to suffer a more severe injury.

- Newborn babies cannot sweat, since their sweat glands are not yet developed. This

means that it is very difficult for an infant to regulate the body temperature.

- The exposure to sun is increased on the ocean and can be hard on the infant’s skin and eyes

If infants are still present on the boat (against our advice) they need to be under direct

supervision by a legal guardian at all times. Sub Oceanic shall not be liable for any

occurrences.

Acknowledged by:

Clear

CONDITIONS OF PARTICIPATION
SNORKELING EQUIPMENT RENTAL, WATERSPORTS & EXCURSIONS

-
TO BE ACKNOWLEGDED BY MINORS' GUARDIAN

In the event of a minor 

I as the (see below related with the minor) hereby consent on behalf of (see below name of the minor) for him/her to engage in activities provided by Sub Oceanic. I further state that I am fully aware of the risks associated with taking part in the activities.I further agree to indemnity and forever release Sub Oceanic Ventures Private Limited (“Sub Oceanic”), its staff and employees, GBH Maldives Resorts Private Limited (the “Hotel Owning Entity”), its employees, Sirru Fen Fushi Private Lagoon Resort (the “Hotel”), its staff and employees from any liability, claims or demands related to but limited to any potential injuries, loss of life caused in connection with the use of the snorkelling equipment. By providing my contact details, I agree to receive messages from Sub Oceanic.

I represent that I have read and fully understand the consequences of signing this statement and have done so voluntarily upon careful consideration.


PLEASE READ THE AGREEMENT CAREFULLY BEFORE SIGNING. ONCE SIGNED, IT IS ASSUMED THAT THE AGREEMENT HAS BEEN READ AND FULLY UNDERSTOOD BY

THE PARTICIPANT/PARENT/GUARDIAN.

This agreement (herein referred to as the “Agreement”) contains information on established conditions of participation in our diving, snorkelling, and other watersport

activities. The participating individual (herein reffered to as the “Participant”) is required to sign this Agreement. Therefore, kindly read and clarify your queries prior to

signing. We will not be liable for any incidentthatis covered by the conditions of participation once you have signed.

If the Participants below 18, this form must be signed by a parent or a legal guardian.

PLEASE READ CAREFULLY BEFORE SIGNING

This is a statement in which you are informed of established conditions of participation in our activities. Your signature on this statement is required. Read and discuss the statement prior to signing. By signing this document you may waive certain legal rights, including the right to sue. If you are a minor, this form also must be signed by a parent or a guardian.

SNORKELING EQUIPMENT RENTAL

I hereby agree that:

  • I am fully liable for all snorkelling equipment handed to me.

  • I will return all equipment to the dive centre with a maximum of 2 (two) hours before my departure from the hotel (resort).

  • If any equipment is not returned on time (2 (two) hours before departure from the hotel (resort), or returned in a damaged state or is lost, the following charges will apply:

  • Snorkel $ 25++

  • Mask $ 50++

  • Fins $ 75++ (single fin or pair of fins alike)

  • Life Vest $ 60++

  • Equipment Bag $ 25++

All prices are in United States Dollar and subject to 10 % service charge and prevailing 16 % government taxes

-  It is understood that I am a competent snorkeler and that no claim can be forthcoming from the use of the snorkelling equipment hired by me.
-  All equipment shall be inspected by myself prior to leaving the dive centre to ensure correct function and serviceability.

 - I acknowledge that once the equipment leaves the dive centre, it is considered as hired and Sub Oceanic will carries no further responsibility.

 -  I understand that there are inherent risks involved with snorkelling, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water and I hereby voluntary assume such risks.

 -  I declare that I don’t have any severe underlying physical or mental condition that could affect my ability to snorkel safely.

I represent that I have read and fully understand the consequences of signing this statement and have done so voluntarily upon careful consideration.

ACKNOWLEDGEMENT

I hereby assume all risk of injury or harm associated with the use of the snorkelling and or diving equipment and agree to indemnify and forever release Sub Oceanic Ventures Private Limited (“Sub Oceanic”), its staff and employees, GBH Maldives Resorts Private Limited (the “Hotel Owning Entity”), its employees, Sirru Fen Fushi Private Lagoon Resort (the “Hotel”), its staff and employees from any liability, claims or demands related to but limited to any potential injuries, loss of life caused in connection with the use of the snorkelling equipment. By providing my contact details, I agree to receive messages from Sub Oceanic.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & IDEMNIFICATION AGREEMENT


CONDITIONS OF PARTICIPATION – GENERAL, WATERSPORTS AND EXCURSION

1.The participant must strictly comply with Sub Oceanic staff instructions concerning,

but not limited to, minimum certification/ability/level of training requirements, area

of activity, time frames and passenger limits. Swimmers, snorkelers and divers have

priority. Watersports participants shall stay clear and give way. Otherwise he/she may

be excluded from watersport or related activities without being entitled to a refund.

2.The participant shall stay within sight of the instructor/responsible person when

conducting any independent watersports activity. The independent visit of other

islands by means of catamaran, surfboard, canoe,etc. is not permitted.

For equipment rescue Sub Oceanic reserved the right to charge a minimum of 40.00 USD.

3.The participant is liable for any damage or loss of equipment, material and safety

tools whereby Sub Oceanic Ventures Pvt. Ltd. is entitled to charge for loss of

earnings in addition to the repair or renewal costs.

4.The participant shall check all equipment and material before usage and report

defects. Defects detected after using shall be treated as defined by 3.

5.The rental of windsurfing, kitesurfing equipment and the catamarans require a

basic skill set. For safety reasons it is not allowed to teach yourself and others.

6.Participants confirm to be able to swim independently without floatation devices

for a minimum of 15 minutes. In addition they comply with the level of training required for the activity they would like to take part in.

7.The participant declares that he/she doesn’t have any severe underlying conditions which affects his ability to conduct chosen activities

8.All participants agree to wear a life vest at all times.

9.Participants declare that they have been given a location and safety briefing and

know where watersports is permitted, in addition to emergency procedures

10.Payment is made directly with the enrolment for an activity. Kindly note our

cancellation policy: all activities cancelled after 18:00pm on the day before will be

charged 50% of the price, cancellations on the same day will be charged a.100%.

Should participants discontinue an activity no reimbursements shall be made. If the

maximum rental time as defined by the price list is exceeded Sub Oceanic reserves the

right to charge for extra time.

CONDITIONS OF PARTICIPATION – JET SKI

The renter is 100% liable for any damage caused on material and people including him/herself and/or loss of equipment, material and safety tools where by Sub Oceanic Ventures Pvt. Ltd. is entitled to charge for loss of earnings in addition to the repair or renewal costs.

1.Minimum age of renting a jetski is 18 years. Drivers must be a minimum 16 years of age. Minors must be accompanied by an adult.

2.Maximum number of guests on a jet ski is two and the max. weight limit is 240 kg.

3.Participants must able to swim independently without floatation devices for a minimum of 15 minutes. In addition they agree to wear a personal life vest at all times.

4.All operators agree to wear the lanyard-type engine cut offs attached to himself or herself or the personal flotation device. All safety equipment is provided without charge.

5.The careless, headless and without due caution operation of the jetski, exceeding a safe speed limit and/or endangering another person, boat or property is prohibited. This includes but is not limited to following a boat, a skier or fun tube at a distance of less than 60 meters or weaving through congested traffic.

6.Participants declare that they appear 15 minutes before their reservation and confirm they have been given a location, operations and safety briefing. This includes but is not limited to:

-The operator was made aware of the designated ‘Jetski Riding Area’

-Operators must stay within these designated boundaries at all times.

1.No jetski may be operated within or through a designated bathing, snorkelling or diving area including the lagoon.

2.Participants must keep a distance of reefs and other prohibited areas of no less than 60 meters.

3. If the operator is in trouble, they are obliged to cross their arms over their head and wait for an employee of Sub Oceanic to come to their aid.

CONDITIONS OF PARTICIPATION – FLYBOARD, JETPACK HOVERBOARD, PARASAILING

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

In consideration of being allowed to use the facilities and participate in Flyboard, Hoverboard, and Jetpack Instruction, Parasailing and other activities (collectively the "Activities") provided by Sub Oceanic Ventures Pvt Ltd (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the

Participant's participation in the Activities or the use of any equipment provided by the Host (Equipment"), including while receiving instruction and/or training;

1.TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death; operators, employees,

agents, officers, and/or any entity to which the Host owes a contractual indemnification

obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;

1.TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers,

and/or any entity to which the Host owes a contractual indemnification obligation

from all liability far any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators,

employees, agents, officers, and/or any entity to which the Host owes a contractual

indemnification obligation, to the fullest extent permitted by law. However, nothing

in this Agreement shall be construed as a release for conduct that is found to

constitute gross negligence or intentional conduct;

2.TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability far any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the

Activities and/or use of the Equipment, including while receiving instruction and/or

training.

PERSONAL RESPONSIBILITY FLYBOARD, JETPACK HOVERBOARD

The Participant and his/her parent(s) or legal guardian(s) certify that Participant has

no physical or mental condition that precludes him/her from participating in the

Activities and that he/she is not participating against medical advice.

1.The Participant and his/her parent(s) or legal guardian(s) understand that

Participant's participation in the Activities is voluntary and further understand that

they have the opportunity to inspect the Host's Equipment and facilities before any

participation.

2.The Participant and his/her parent(s) or legal guardian(s) understand that

Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

3.If, while participating in the Activities, the Participant or his/her parent(s) or legal

guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

PARASAILING RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION

OF RISK ASSOCIATED WITH PARASAILING AND RELATED ACTIVITIES AND

INDEMNITY AGREEMENT

I (we) do hereby affirm and acknowledge that I (we) have been fully informed of the

inherent hazards and risks associated with parasailing and related water sport activities

to which I (we) am (are) about to engage.


DECLARATION OF FITNESS TO PARASAIL:

I hereby declare that I am physically fit. I do not, and have not, suffered from any of the

following conditions, which I understand may lead to a dangerous situation with regard

to other persons or myself during Parasailing:

Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain

or nervous system, high blood pressure, lung or heart disease, recurrent weakness or

dislocation of any limb, diabetes, mental illness, drug or alcohol addition, recent back

injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever,

thyroid adrenal or other glandular disorder, recent blood donation or any condition that

requires the regular use of drugs.

I hereby declare that I have no physical or mental condition that should preclude me

from participating in my chosen activity, that I am not participating against medical

advice or treatment, and that I have not been diagnosed by a registered doctor as having

a terminal illness.

Even if I have a health condition as stated above of which I am unaware, by signing this

form, I still choose to participate in the activity of Parasailing and agree to waive all

responsibilities to all above mentioned parties concerning any consequences that would result from my actions.

I further declare that in the event that I feel ill or unwell, have any physical complaints

whatsoever or if an injury is sustained of any kind during the course of Parasailing

activities, I will notify the Captain of the Parasail vessel immediately and before

disembarking from the vessel.

I have read the above Declarations understand them, and I agree to be bound by them.

PHOTOGRAPHY/VIDEO RELEASE – ALL ACTIVITIES

Participant hereby grants to the Host, its representatives, and employees the right to take

photographs/videos of Participant in connection with Participant's participation in the

Activities. Participant hereby authorizes the Host to copyright, use and publish the same in

print and/or electronically. Participant hereby agrees that the Host may use such

photographs of Participant for any lawful purpose, including but not limited to publicity,

illustration, advertising, and Web content.
By providing my contact details, I agree to be contacted by Sub Oceanic.

BINDING ARBITRATION - ALL ACTIVITIES

The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a

minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or

arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims,

Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the

Activities, and/or (3) any other interaction between the Participant and the Host, including

the determination of the scope or applicability of this agreement to arbitrate, to binding

arbitration. For such disputes, there shall be a three -member arbitration panel, consisting

of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one

neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed

arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a

third, neutral arbitrator, the neutral arbitrator shall be appointed by the Maldives Court,

for the district in which the Activities occurred. Each party shall pay its own costs, including

the costs associated with the party-appointed arbitrators, and the parties shall share

equally the costs associated with the neutral arbitrator. The arbitration proceeding shall

proceed in the County where the Activities occurred, and shall be governed by the Federal

Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery

schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall

confirm whether the Waiver and Release contained in this Agreement are enforceable

under applicable law. Judgment on the Award may be entered in any court having

jurisdiction over the parties and controversy. Participant and the Host specifically intend

this Binding Arbitration provision to survive in the event that any other portion of this

Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are

giving up your right to commence litigation against the Host in a court of law, and you are

giving up your right to a trial by jury.

To the extent that any portion of this Agreement is deemed to be invalid under the law of

the applicable jurisdiction, the remaining portions of the Agreement shall remain binding

and available for use by the Host and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY

SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.


INFANTS BELOW THE AGE OF 3 YEARS – ADVICE

We allow infants below the age of 3 on our boats. However, we strongly advice against it

due to several reasons

- The balance system of small children is usually not yet stable and the risk of falling

and injury is significantly higher due to the bobbing of the boat

- Infants do not fit regular life vests for kids. It is dangerous for a child to wear a life

jacket that does not fit. A poorly fitted life jacket that is too loose can still slip off a child.

Please provide for your own life vest. It needs to be worn at all times while on the boat.

- Even with a life vest worn: in case of a man overboard incident a small child below 3 is

more likely to suffer a more severe injury.

- Newborn babies cannot sweat, since their sweat glands are not yet developed. This

means that it is very difficult for an infant to regulate the body temperature.

- The exposure to sun is increased on the ocean and can be hard on the infant’s skin and eyes

If infants are still present on the boat (against our advice) they need to be under direct

supervision by a legal guardian at all times. Sub Oceanic shall not be liable for any

occurrences.

Acknowledged by:

Clear

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