Disclaimer

Waiver Of Liability

By agreeing to the terms of this agreement you and anybody you book a tour for our participants in any part of the services provided by “Jewels Of The Sea LLC,” will waive certain legal rights.  

Simply put: The person who books, pays, and accepts “Jewels Of The Sea LLC,” company policy’s will be doing so on the understanding they have made their party aware of this agreement and the “Jewels Of The Sea LLC,” company policy’s and have their permission to accept these agreements in full on their behalf. In this agreement the words “you, I, My, Myself and Me,” refer to all party’s included in any booking made for a tour or service or any part of an activity connected to the tour booked.

PLEASE READ CAREFULLY

TO: Jewels Of The Sea LLC., and its subsidiaries, affiliates, and related companies including, but not limited to, Jewels Of The Sea LLC, and their respective directors, officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors and assigns (individually and collectively, “Jewels Of The Sea LLC”)

Simply put: “I” am providing this waiver to the company “Jewels Of The Sea LLC” and people involved in organizing and providing the services “I” have requested in connection with “my” tour booking. “Activities” means the activities and services that Jewels Of The Sea will be providing, arranging, or organizing on “my” behalf. These may include

 

  • Participation on a boat tour
  • Swimming
  • Snorkelling
  • Travel in public and private transportation to and from tours areas 

 

Acknowledgement – Health & Safety

“I” am aware that the physical exertion required to participate in the activities can be activated or aggravate pre-existing, injuries, conditions, or congenital defects

“I” acknowledge that “I” should seek medical advice if “I” know or suspect that “my” physical condition may be incompatible with the activities.

“I” acknowledge that “I” am required to wear approved safety equipment while participating in certain activities. “I” be aware that there are guides and instructors available to answer any question “I” may have as to the proper use of any equipment.

Simply put: “I” understand that the activities may require physical exertion and it is “my” responsibility to make sure  “I” am healthy enough to participate. “I” will use the recommended safety equipment and ask questions if “I” am unsure about how to properly or safely use the equipment.

Assumption Of Risks 

“I” am aware that the activities involve many risks, danger and hazards which may include but not limited to:

 

  • Personal injury and/or death;
  • Travel to remote are without access to medical facilities or treatment 
  • Changing weather conditions;
  • Interactions or encounters with wildlife;
  • Equipment malfunctions
  • Negligence of other participants or guides;
  • Negligence on the part of “Jewels Of The Sea,” including failure to safeguard or protect  from the risks of the danger of the activities 
  • Consumption of alcohol;
    Collisions with vehicles, equipment or structures;
  • Becoming lost or separated from guides or other participants, and the failure to remain within designated areas 

 

Simply put: “I” understand and accept the risks of participating in the activities. “i” am relying on the statements about risk contained in this wavier as the definitive source of information about the safety of the activities over any other communications or materials.

“I” am aware of the risks, danger and hazards associated with the activities.

“I” am not relying on any oral or written representations or statements made by “Jewels Of The Sea LLC,” about the safety of the activities other than what is stated in this waiver.

“I” freely accept and fully assume these risks and the possibility of injury and loss resulting from “my” participation in the activities.

Simply put: “I” acknowledge that there are numerous risks “I” may face during “my” involvement in the activities including the risks listed here in this agreement. 

Alcohol and Illegal Substances 

If “I” use, consume or am under the influence of alcohol or illegal drugs prior or while engaging in the activities. “I” assume and accept all risks, danger, and hazards that may result from this including the possibility of personal injury, death, property damage, and loss, even in the event of negligence or fault by “Jewels Of The Sea LLC.” or third parties, and will indemnify “Jewels Of The Sea LLC,” from any and all liability for damage to property or personal injury to myself and or any third party, resulting from “my” participation in the activities, while, during, or after consumption of illegal drugs or alcohol.

Simply put: If “I” consume alcohol or illegal drugs before or during “my” involvement in the activities “I” am responsible for any loss, injury, or damage “I” cause to myself or others.

Release Of Liability, Waiver Of Claims, And Indemnity Agreement

In consideration of “Jewels Of The Sea LLC” allowing “me” to participate in the activities “I” agree:

 

  1. In the event that “I”, or my next of kin, suffer any loss, damage, expense, or injury from “my” participation in the activities including those caused by the risks specifically outlined in this waiver, “I”agree to waive any and all claims “I” have or may have in the future against “Jewels Of The Sea LLC” and to release “Jewels Of The Sea LLC” from any all liability;
  2. To hold harmless and indemnify “Jewels Of The Sea LLC” from any and all liability for damage to property or personal injury to any third party resulting from “my” participation in the activities;
  3. Any litigation involving the parties to this agreement shall be brought solely within the Province Of Croix USVI and shall be within the exclusive jurisdiction of the Courts Of The Province Of St Croix USVI.
  4. This agreement shall be effective and binding on my heirs, next kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
  5. This agreement and any rights, duties, and obligations as between the parties in this agreement shall be governed by and interpreted solely in accordance with laws of the Province Of St Croix USVI and no other jurisdiction.
  6. “I” have read and understood this agreement prior to checking the box on the booking payment page confirming “my” agreement.
  7. “I” am aware that by checking the box “I” am waiving certain legal rights which “I” may have against “Jewels Of The Sea LLC”.
  8. For participants of minority age: “I” hereby certify that “I”, parent/guardian with legal responsibility for this participant of minority age, do consent and agree to his/her/they/them release of all “Jewels Of The Sea LLC,” and for myself, my heirs, assigns, and next of kin, “I” release and agree to indemnify “Jewels Of The Sea LLC.” for any and all liabilities incident to this participant of minority age’s participation in the activities.