Assumption of Risk, Release of Liability, and Waiver of Claims
READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
I, in consideration for my participation in a boat and island tour organized by SeaPortland, LLC and/or use of the property, facilities, and other services of SeaPortland (collectively with the tour or activity, the “Services”), hereby enter into this Assumption of Risk, Release of Liability and Waiver of Claims (this “Release and Waiver”) and agree as follows:
- I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by SeaPortland, or the employees, representatives, or agents of SeaPortland.
- I agree to conduct myself in a manner that does not endanger me or any other person.
- I understand, acknowledge, and agree that SeaPortland reserves the right to terminate the continued participation of any person, including myself, in the Services, if in the judgment of any employee, representative, or agent of SeaPortland, such person’s behavior is causing a disturbance or hazard to themselves, any other person or SeaPortland.
- I understand that there is no obligation to purchase or consume anything, including alcoholic drinks, in connection with the Services and any decision to consume alcohol is solely at my own discretion.
- I acknowledge that the Services are conducted, in part, at independent venues not owned or controlled by SeaPortland (the “Independent Vendors”) and SeaPortland cannot guarantee or ensure the performance of such Independent Vendors.
- I hereby agree to save, defend, indemnify, hold harmless and reimburse SeaPortland and any Independent Vendors and each of their partners, managers, officers, directors, employees, agents, successors and assigns (the “Indemnified Parties”) from and against any accident, personal injury, death, damage, liability, loss, theft, cost, expense or penalty (including costs of investigation and attorneys’ fees) (“Damages“) imposed upon or incurred by SeaPortland, the Independent Vendors or any such person, occasioned or caused by, resulting from or arising out of my use of the Services or my breach of any of the terms and conditions set forth in this Release and Waiver.
- I recognize that there are certain inherent risks associated with the Services, including without limitation food sickness, intoxication, allergies, health issues, theft of or damage to my property, transportation (both failure of transportation and injury during transportation due to any cause) and weather and any injuries, death or damages caused thereby. I hereby assume full responsibility for any Damages and I hereby release and waive any and all claims whatsoever, on behalf of myself and my heirs, successors, assigns, spouse, family members, or legal representatives, for any such Damages, without regard to the cause of such Damages, including without limitation, the negligence of the Indemnified Parties.
- I agree to pay for all damages to the facilities of SeaPortland, the Independent Vendors, or other third parties caused by my actions.
- I hereby grant to SeaPortland a worldwide transferable irrevocable royalty-free license to use my likeness and/or photographs (film, digital, or video) of me for the limited purposes of promoting SeaPortland, LLC, and the Services and/or obtaining press coverage thereof.
- I agree that if any portion of this Release and Waiver is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
- This Release and Waiver shall be governed by, and interpreted in accordance with, the internal laws of the State of Maine, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Maine.
- I irrevocably agree that any legal action or proceeding arising out of or relating to this Release and Waiver or the Services brought by myself or my successors or assigns shall be brought and determined in any state or federal court sitting in Maine, and I hereby irrevocably submit to the exclusive jurisdiction of the aforesaid courts with regard to any such legal action or proceeding.
I HAVE READ THIS RELEASE AND WAIVER AND UNDERSTAND AND AGREE TO ITS CONTENTS. I FURTHER UNDERSTAND AND AM AWARE, I AM VOLUNTARILY SURRENDERING CERTAIN LEGAL RIGHTS.