PASSENGER LIABILITY WAIVER & ASSUMPTION OF RISK
Culebra Island Charters, LLC
Puerto Rico
IMPORTANT – READ CAREFULLY BEFORE SIGNING
This is a legally binding document. By agreeing to this Waiver, you acknowledge that you understand and voluntarily accept the risks associated with participating in a marine charter excursion.
1. PARTIES
This Passenger Liability Waiver and Assumption of Risk Agreement (this “Waiver”) is entered into by the undersigned passenger (the “Participant”) in favor of Culebra Island Charters, LLC, its owners, members, managers, employees, captains, crew, agents, affiliates, insurers, successors, and assigns (collectively, the “Released Parties”).
2. ACKNOWLEDGMENT OF RISKS
The Participant understands and acknowledges that boating, charter, and fishing activities involve inherent risks, including but not limited to:
- Rough seas, waves, wakes, and changing weather conditions
- Slipping, tripping, or falling on wet or moving surfaces
- Mechanical failure or equipment malfunction
- Collision with other vessels or objects
- Injuries caused by fishing equipment, hooks, lines, or marine life
- Sudden movements of the vessel
- Boarding and disembarking risks
- Drowning or near-drowning
- Acts or omissions of other passengers
These risks may result in serious bodily injury, permanent disability, or death.
3. ASSUMPTION OF RISK
The Participant knowingly, voluntarily, and expressly assumes all risks associated with participation in the charter excursion, whether such risks are known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law.
4. RELEASE OF LIABILITY
To the fullest extent permitted by the laws of the Commonwealth of Puerto Rico, the Participant hereby releases, waives, discharges, and agrees not to sue the Released Parties for any and all claims, demands, damages, losses, or causes of action arising out of or related to participation in the charter excursion, including claims based on the ordinary negligence of the Released Parties.
This release does not apply to gross negligence or willful or intentional misconduct where such release is prohibited by law.
5. MEDICAL REPRESENTATION
The Participant represents that they are physically and medically able to participate in the charter excursion and have no condition that would increase the risk of injury. The Participant agrees to assume full responsibility for any medical expenses incurred as a result of participation.
6. SAFETY RULES AND INSTRUCTIONS
The Participant agrees to follow all instructions and safety rules provided by the captain and crew. Failure to comply may result in removal from the excursion without refund.
7. PERSONAL PROPERTY
The Participant understands that Culebra Island Charters, LLC is not responsible for loss of or damage to personal property brought aboard the vessel.
8. GOVERNING LAW AND VENUE
This Waiver shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, and any legal action shall be brought exclusively in the courts of Puerto Rico.
ACKNOWLEDGMENT
By agreeing to this Waiver, the Participant acknowledges that they have read this Waiver in its entirety, understand its terms, understand that they are giving up substantial legal rights, and agree voluntarily.
- Participant Name
- Date
- Emergency Contact Name
- Emergency Contact Phone
FOR MINORS (UNDER 18 YEARS OF AGE)
By agreeing below, the undersigned parent or legal guardian consents to the participation of the minor and agrees to the terms of this Waiver on behalf of both the guardian and the minor.
- Parent or Legal Guardian Name
- Date