Terms and Conditions: ORCA Yachts Inc/Nomad Sport Fishing Tour (Fishing Excursions) Participation Liability Release and Indemnity Form ORCA/NOMAD and its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, employees, successors, and assigns (collectively) are not affiliated with the Supplier who is offering sponsoring or providing the Tour. In addition ORCA/NOMAD does not make any representations, either express or implied, regarding the Supplier, its operations or the safety of any of the activities it is offering. This document is called Terms, Release and Indemnification. The terms of this document are contractual in nature; they are not merely a recital of facts. Signing this document will affect your right to raise a claim against ORCA/NOMAD and may be used as evidence in any adjudicative proceeding in the event that you do so. In addition, by signing this document, you assume all liability for any injury or damage that you cause by participating in the Tour. PLEASE READ THIS DOCUMENT. WE DO NOT WANT YOU TO PARTICIPATE IN THE TOUR IF THERE IS ANYTHING IN THIS RELEASE AND INDEMNIFICATION THAT YOU DO NOT UNDERSTAND AND/OR THAT YOU DO NOT ACCEPT. Participation in the Tour involves several risks. The tour may require strenuous physical activity compelling you to exert yourself for a sustained period of time. The Tour may also present situations where there are opportunities for injuries, including risks of bruises, broken bones, severe trauma, paralysis and death even if you follow all the instructions and appropriate practices of the. Tour. Therefore, I affirm that I am in good mental and physical condition to participate in the Tour and that I am not under the influence of alcohol or narcotics. If I am taking medication, I affirm that I am able to participate in the Tour while under the influence of the medication. I recognize the risks of injury or harm that may occur, regardless of the amount of care I use. In addition, the activities of the Tour may occur in a remote place where there is little or no access for medical treatment. Therefore, I understand that by participating in the Tour. Immediate medical care may not be available to me and I assume that risk. I understand and agree that ORCA/NOMAD does not supervise, inspect or control the Tour, its operations, or the activities it is offering. I affirm that ORCA/NOMAD has not made any representations, either express or implied regarding the Supplies, its operations or the safety of any of the activities it is offering. By Checking the Box I agree, for myself and for my heirs, successors, and assigns, to forever release and discharge, Supplies ORCA/NOMAD and its subsidiaries and affiliates, and their respective officers, directors , shareholders, agents, employees, successors and assigns from any and all actions, costs, suits, demands, claims damages, losses and liabilities (including reasonable attorney’s fees) of any type or kind whatsoever arising out of any reason or cause, injury or death, whatsoever occurring from , connected with, originating from or caused by my participation in the Tour. I also hereby agree to indemnify, defend and hold Supplier and its subsidiaries and affiliates and their respective officers, directors, shareholders, agents, employees, successors and assigns from any and all actions costs, suite, demands, claims damages, losses and liabilities (including reasonable attorney’s fees) of any type or kind whatsoever arising out of any reason or cause, injury, death, whatsoever, occurring from, connected with, originating from, or caused by my participation in the Tour. Cancellations: There are no cancellations or refunds, funds are dispersed to Tour vendors as soon as booked for preparation of Tour. There will be a 30% rebooking fee if and when the boat has an opening. Condo Rentals: Same terms as above. Additionally, a $1,500 damage/theft/smoking deposit will be preauthorized from your credit card on all rentals. You are responsible, so please be careful of your local guests.
I Agree
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