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, CT at Thilamaafushi Pvt. Ltd. (the “Hotel Owning Entity”), its employees, Le Meridien Maldives Resort & Spa (the “Hotel”), its staff and employees from any liability, claims or demands related to but not limited to any potential injuries, loss of life or damage to personal property, caused or sustained in connection with the participation ofthe Activities.
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 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 agree that I am fully liable for all snorkeling equipment handed to me. If any equipment is not returned in time (4 hours before departure from the resort), in a damaged state or lost , the following fees will apply:
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 snorkeling equipment handed over to me. All equipment was inspected by me prior to leaving the dive center for correct function and service ability. Once the equipment leaves the dive center it is considered hired and Sub Oceanic Ventures Pvt. Ltd. carries no further responsibility.
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.
RELEASE OF LIABILITY, ASSUMTION 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
islandsby meansofcatamaran,surfboard,canoe,etc.isnotpermitted.For
equipment rescue Sub Oceanic reserved the right to charge a minimum of 40 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
earningsin 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.The participant shall check all equipment and material before usage and report defects. Defects detected after usage shall be treated as defined by 1.
2.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.
3.Maximum amount of guests on a single jet ski is two and the weight limit must not exceed 240kg.
4.Participants confirm to be able to swim independently without floatation devices for a minimum of 15 minutes. In addition they agree to wear a personal flotation device (life vest) at all times.
5.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 free of charge.
6.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.
7.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.
No jetski may be operated within or through a designated bathing, snorkelling or diving area including the lagoon.
Participants must keep a distance of reefs and other prohibited areas of no less than 60 meters.
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,
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:
1. 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;
2. 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;
3. 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;
4. 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
1. 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.
2. 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.
3. 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.
4. 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.
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 receive messages from 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.
