Month: June 2022
Release and Waiver of Liability Agreement
By proceeding with the charter, you the Undersigned, agrees to this Release and Waiver of Liability Agreement, made with respect to the following facts:
The Undersigned is about to undertake an offshore sailing passage which may also include, when the Vessel is lying at anchor or secured to a suitable mooring buoy during such passage, use of the Vessel’s equipment such as inflatable floats, kayaks, snorkelling equipment, and various activities such as swimming into the sea or diving/jumping/stepping into the sea from the Vessel (hereinafter “the Passage”) on the Vessel with the Owner’s appointed crew (hereinafter “the Crew”) ; and
i. The Undersigned acknowledges that a voyage such as the Passage is inherently dangerous, and risks both injury and loss of life, which no degree of caution or care on the part of the Owner and/or the Crew can remove, including in the preparation of the Vessel, the selection of the crew, and the choice of when to sail, and other decisions during the course of the Passage, including decisions concerning handling of the Vessel and navigation made by the Crew; and
ii. Despite these risks the Undersigned wishes to undertake the Passage, and is willing to accept the risks inherent therein; and
iii. The Undersigned hereby certifies that he/she is physically fit, has sufficiently prepared or trained in order to participate in the Passage, and has not been advised not to participate by a qualified medical practitioner. The Undersigned also hereby certifies that there are no health-related reasons or other physical problems which would preclude his/her participation to this Passage; and The Epicurean State LLP (registered in Singapore of UEN T15LL0598C)
iv. In consideration of being allowed to undertake the Passage the Undersigned, as an inducement to the Owner, hereby agrees to this Release and Waiver of Liability, on his/her own behalf and on behalf of his/her assignees, successors, descendants, heirs, personal representatives, and all persons claiming by or through him/her.
Now therefore for valuable consideration, the Undersigned hereby agrees as follows:
v. The Undersigned hereby releases and waives any claims and/or demands for liability, damages, and/or money, as against the Owner, the Crew, their agents, successors, personal representatives, and assigns, except for cases of gross misconduct or gross negligence, which are the only claims reserved from this Release and Waiver of Liability; and
vi. The Undersigned on his/her own behalf, and on behalf of his/her successors, assigns, personal representatives, heirs and descendants, agrees to hold the Owner and the Crew free, harmless and indemnified against any claims made in connection with the Passage, including any claims by his/her heirs or descendants, and/or claims by any other passenger on the Passage related to his/her conduct; and
vii. The Undersigned acknowledges that the Owner and the Crew are relying on this Release and Waiver of Liability in undertaking the Passage with the Undersigned as passenger, and that but for the execution of this release and waiver the Owner and the Crew would not do so; and
viii. The foregoing release and waiver shall be binding upon the Undersigned, his/her successors, assigns, personal representatives, heirs and descendants, and any other person claiming by or under him or her, and shall inure to the benefit of the Owner and the Crew, their successors, assigns and personal representatives; and
ix. The Undersigned understands that by submitting this form, he/she is representing that he/she and all the passenger in his/her party, have read and agreed to the content of this Release and Waiver of Liability.
Updated 25 June 2022
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