As a prerequisite for the Participant (a student or other minor of whom the undersigned is the parent or guardian) being permitted to be aboard the vessel PEGASUS (whether underway or not), we agree to the following assumption of risk and release of liability. In this agreement "Pegasus Project" means Nautilus of America inc. (including its directors, officers, and employees), its affiliated organizations, the vessel PEGASUS, and all persons acting as officers or crew of the PEGASUS. In entering into this agreement, we do so on behalf of ourselves and our heirs, estates, personal representatives, and assignees.
1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK.
We are aware
that the Participant's being aboard the PEGASUS -- whether as a crew member,
visitor, participant in a field trip, business invitee, or passenger --involves
activities on a boat that are hazardous in nature. The Participant is voluntarily
boarding the PEGASUS with our full knowledge of the risks and dangers involved,
and we agree to accept any and all such risks and dangers.
2. WELCOME ABOARD NOTICE AND SAILING INSTRUCTIONS.
We have read the "Welcome Aboard Notice*Sailing Instructions" for the PEGASUS. We understand its contents, and we agree to abide by it.
3. PHYSICAL CONDITION.
We confirm that the Participant does not have any medical, physical, or psychological condition that will expose the Participant or others on the PEGASUS to risk of illness or injury. We understand that the Pegasus Project will not make any special arrangements for any such conditions that the Participant may have.
4. RELEASE AND AGREEMENT NOT TO SUE.
We voluntarily release and discharge the Pegasus Project, its agents, and its insurers from any and all liabilities, claims, and causes of action that arise out of or in connection with the Participant's being aboard the PEGASUS, including but not limited to: (a) those for illness, injury, death, and property damage; (b) those resulting in whole or in part from the negligent (including solely negligent) acts or omissions of the Pegasus Project or from any defect or unseaworthiness of the PEGASUS. We further agree not to sue or assert any claim against the Pegasus Project for any illness, injury, death, or property damage that arises out of or in connection with the Participant's being aboard the PEGASUS.
5. LEGAL FEES.
Should any party
sue to enforce this agreement, or to recover for breach of any provision
of this agreement, the successful party in that litigation shall be entitled
to all attorney fees and costs of the litigation, whether otherwise awardable
or not.
We have carefully read this agreement, understand its contents, and agree to be bound by its terms.
Dated: _______________, 20___ Signature of Participant: ____________________________
Print Name of Participant: ___________________________
Dated: _______________, 20___ Signature of Parent or Guardian: ______________________
Print Name of Participant: ___________________________
Dated: _______________, 20___
Signature of Participant: ____________________________