Kayak Tour Waiver

I have chosen to participate in kayaking (the "Activity"), organised by Liquid Glow. I understand that the Activity is inherently hazardous and that I may be exposed to dangers and hazards including unpredictable contact with live sea life, unpredictable ocean currents, lightning, hypothermia, drowning, death, falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, equipment failures, my failure to wear a personal flotation device or other protective gear, and the negligence of others.

As a consequence of these risks I may be seriously hurt or disabled or may die, and my property may be damaged. Hospital facilities, qualified medical care and emergency medical evacuation may be limited or unavailable during portions of the Activity, and Liquid Glow assumes no responsibility for providing medical care; I will pay for any medical care or evacuation I incur. In consideration of the permission to participate, I agree to the terms in this document.

I agree to follow the rules for the Activity provided to me and the directions given by the leaders of the Activity, including wearing a life vest or personal flotation device whenever I am on the water.

I freely assume the risks listed above and any other risks that are part of the Activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during transportation to or from it, including any injury or loss caused by the negligence of Liquid Glow, its employees, agents, officers, contractors and other participants. Any equipment I provide, borrow or rent I use at my own risk, and it is provided without any warranty about its condition or suitability.

I release Liquid Glow, its employees, agents, officers and contractors, the providers of any equipment used in the Activity, land owners, municipal or governmental providers of use permits, and their respective employees, officers and directors (the "Released Parties") from all liabilities, causes of action, claims and demands that arise in any way from any injury, death, loss or harm that occurs to me, to any other person or to any property during the Activity or in any way related to it, including during transportation to or from the Activity.

This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. I agree not to sue or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity or are related in any way to it.

I promise to indemnify, hold harmless and defend the Released Parties against any and all claims to which the release above applies, including claims for their own negligence, and against any claims for my own negligence or arising from my conduct during the Activity. I will reimburse the Released Parties for any damages, reasonable settlements and defence costs, including attorney's fees, that they incur because of any such claims. In the event of my death or disability these promises bind my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

I acknowledge that Liquid Glow has no control over, and assumes no responsibility for, the actions of any independent contractors providing services for the Activity.

I understand that I may be photographed or videotaped during the Activity. To the fullest extent allowed by law I waive all rights of publicity, privacy or pre-approval in any such likeness of me or use of my name, and I grant Liquid Glow and its assigns permission to copyright, use and publish it, in whole or in part, in any form, without restriction and for any purpose.

The purpose of this agreement is to be an enforceable release of liability and indemnity as broad and inclusive as Anguilla law permits. If any portion is found invalid or unenforceable the remainder continues in full force, and any invalid provision will be modified or partially enforced to the maximum extent the law allows.

This agreement is governed by the laws of Anguilla, BWI, without reference to its choice of law rules. Any dispute arising from it or associated with the Activity will be brought only in the High Court of The Valley, Anguilla, and I agree to the jurisdiction and venue of those courts. In any litigation contesting the validity or enforceability of this agreement, the non-prevailing party will pay the attorney's fees and costs of the parties seeking to uphold it.

If the participant is under 18, a parent or responsible adult signs on their behalf. By signing, that adult accepts the full contents of this agreement, certifies that they have the authority to sign and make decisions for the minor regarding this Activity, and agrees to release, hold harmless, indemnify and defend the Released Parties from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor, including any claim of the minor and any claim arising from the negligence of the Released Parties. Nothing in this agreement releases claims for gross negligence, intentional or reckless misconduct, or any other liability that Anguilla law does not permit to be excluded by agreement.

I have fully informed myself of the contents of this agreement by reading it before signing. No oral representations, statements or inducements to sign this release have been made apart from what is contained in this document. I understand this is a contract that affects my legal rights and I sign it of my own free will.