Release of All Claims: In consideration of my participation in Ocean Connectors, the undersigned Participant, Volunteer, or Parent/Legal Guardian of Participant/Volunteer if Participant/Volunteer is under age 18, hereby agrees to release, indemnify and hold harmless, The Ocean Foundation, its Project Ocean Connectors, Ocean Connectors Eco Tour Program, and any of their officers, agents, funders, employees, and affiliates (hereafter collectively referred to as “Ocean Connectors”) from any cause of action, claims, or demands of any nature whatsoever, including but not limited to a claim of negligence, which I, my heirs, representatives, executors, estate, administrators, and assigns may now have, or have in the future against Ocean Connectors, on account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to my use of Ocean Connectors.
I agree that Ocean Connectors is not responsible for any injury or property damage arising out of my use of the program, whether that use is supervised or unsupervised, however, the injury or damage is caused, including, but not limited to the negligence of Ocean Connectors.
Warranty Disclaimer: Ocean Connectors, and any of its third party providers and distributors make no representations, warranties, guarantees, or conditions of any kind, express or implied, regarding Ocean Connectors, or any content or materials provided, your use of or participation, or any services provided through your use of or participation in Ocean Connectors, all of which are provided on an “as is” basis.
Acknowledgement of Risk: By signing this Agreement, I hereby acknowledge and agree that the participation in any program, including participation in Ocean Connectors, has inherent risks, including injury. I have full knowledge of the nature and extent of all risks associated with the following:
Activities: Outdoor learning, playing, and using or participating in Ocean Connectors, including but not limited to games, mentorship, exercises, physical activities, running, instruction, group work, presentations, tours, transportation, knowledge exchanges, cleanups, habitat restoration, workshops, internet use, art, technology, field trips (if any), and any other activity associated with Ocean Connectors on and after the date hereof.
Watercraft: I also acknowledge that I may, while participating in Ocean Connectors, be in close proximity to, or inside craft upon the water, and that there is inherent risk associated with any activities near or on the water.
Wildlife: I acknowledge that I may, while participating in Ocean Connectors, be in close proximity to wildlife, and that there is inherent risk associated with activities near wildlife.
I further acknowledge that the above list is not inclusive of all possible risks associated with Ocean Connectors and that the above list in no way limits the extent or reach of this Agreement.
Acknowledgement of Safety Procedures: I acknowledge that all participants will be required to stay within sight of instructors/guides at all times, and that it is imperative that the participants behave and obey instructions. Potential safety hazards will be discussed. At the sole discretion of Ocean Connectors, those participants whose conduct or influence creates safety or discipline problems will not be allowed to participate. I acknowledge that I have been requested to not bring electronic games, toys, other distractions, or valuables to any Ocean Connectors activity. Personal items may become lost or damaged during program activities, and Ocean Connectors assumes absolutely no liability for personal items.
Insurance: I also acknowledge that Ocean Connectors has not arranged and does not carry any insurance of any kind for my benefit or that of the undersigned Volunteer or Participant (if Volunteer or Participant is under age 18), my parents, guardians, trustees, heirs, executors, administrators, successors, and assigns.
Governing Law: The laws of the State of California, U.S.A., shall govern this Agreement and its performance. I understand that this document is intended to be as broad and inclusive as permitted by the laws of the State of California and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.
Arbitration: I hereby agree that any dispute or claim arising out of my participation in Ocean Connectors shall be determined by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one, the place of arbitration will be Washington, DC, and the language of arbitration shall be English.
I hereby certify that I am in good health and that I have no physical limitations that could preclude my safe participation in Ocean Connectors. I hereby assume all risks and hazards incidental to the activities of Ocean Connectors. I further understand that the terms of this Agreement are legally binding and that by signing below, I am giving up legal rights and remedies.
I certify that I am signing this form after having read and understood it.
I hereby give my approval to participate in any and all Ocean Connectors activities.
If Participant is under 18 years of age, signature of Parent/Guardian is required below.