Watersports Liability Waiver

Assumption of risk and responsibility and release of liability

Statement of Risk

At The Sands Barbados, your health, safety, and enjoyment are our primary concern. We want you to have fun, but we also feel it is important to inform you in advance that significant elements of risk exist in any adventure, sport, or activity associated with water sports and the outdoors. These risks may include, but are not limited to, the presence and use of motorized and non-motorized watercraft and related activities. We have taken reasonable steps to provide you with appropriate equipment and a skilled staff – NO WATERSPORTS ACTIVITY IS WITHOUT RISK. Certain risks cannot be eliminated without destroying the unique character of the activity, and these risks may result in the loss of or damage to equipment, personal injury, illness, and in extreme cases, permanent injury or death.

• Injury and drowning can occur even in shallow or apparently calm waters. Never swim alone without any lifeguards on duty. All swimmers in pools or the ocean do so at their own risk. Diving into any body of water can result in head, spine and other serious injuries. Diving is never recommended.

• Buoyancy devices, such as a life vest or life jacket should be worn at all times when participating in any watersports and marine activities.

• The use of alcohol, drugs and certain medications may severely inhibit your ability to swim, operate or use equipment, or perform other activities. Never mix drinking and watersports and marine activities.

• Exposure to the sun may result in sunburn, heat stroke and dehydration. Wear protective clothing and sunscreen, and drink plenty of water. If you ever feel dizzy or sick, seek medical attention.

Acknowledgement of Risk:

I acknowledge that watersports and marine activities include, but are not limited to the following risks:

• Changing Tides, changing water depths, undertows, currents, waves and wave action from watercraft wakes;
• Possible collision with other watercraft, swimmers, man-made objects, natural objects and floating objects;
• Wind shear, wind direction changes, bad weather, lightning and temperature changes;
• My sense of balance, ability to understand and follow instructions;
• Capsizing, sinking, impact with water surfaces, and other hazards that may result in getting wet, or may cause serious injury, hypothermia or drowning;
• Slipping or falling when getting in or out of watercraft;
• Injuries sustained while traveling to and from the activity;
• The presence of unpredictable behaviour of insects and marine life;
• Equipment failure and operator error;
• Heat and sun-related injuries or illnesses such as sunburn, sunstroke, and dehydration;
• Fatigue, chills and dizziness and consumption of intoxicants or medication, which may reduce my reaction time and increase the risk of accident.

I further acknowledge that any activity may include the risk of serious injury or death, and I understand that the abovementioned risks do not constitute a complete list: unknown, unanticipated, and unforeseeable risks exist.

Express Assumption of Risk and Responsibility:

I agree to assume responsibility for any risks of any activity in which I may engage including risks mentioned and not mentioned in this document. My participation in any activity is purely voluntary. I verify that I am in adequate physical shape, and not under the influence of alcohol, drugs or activity-inhibiting medication, and I am sufficiently qualified, trained and capable to participate in the activity. I assume full responsibility for myself and for any minor children for whom I am responsible with regards to any accident, bodily injury, illness, death, loss or damage to person or property, and for any expenses that result, including any medical treatment and transportation.

I choose to participate in the activities despite all potential risks.

Covenant of Good Faith and Authorization to order Medical Services:

I understand that you are a provider of services and will operate in good faith and fair dealing. I agree that you may, in your sole discretion, decide to terminate any activity at any time for any reason. I hereby authorize any medical treatment and transportation deemed necessary in the event of injury. I either have appropriate insurance or, in its absence, I agree to pay all costs of rescue, medical services, and transportation incurred on my behalf.

Personal Items Notice:

I/we will refrain from leaving any personal items unattended on the patio or balcony.

Release of Liability:

In consideration of services and property provided and personal items left unattended on the patio, I, for myself and for any minor children for whom I am responsible, including heirs, personal representative, or assigns, hereby agree that The Sands Barbados, and any of its related owners, managers, operators, directors, officers, agents, employees, successors, assigns, affiliates, insurers and any local or national government agency upon whose property the activity is conducted shall have no liability of any kind for any and all damages and injuries that may occur to me and other persons or properties as a result of my participation in any activity. This release includes any acts of omissions or negligence, except willful acts or gross negligence, on the part of any abovementioned party, and I expressly release any such party from all liability from any potential damage or injury.

I have read this entire document carefully, including the acknowledgements and assumptions of risk and responsibilities. I understand that by signing this document I am expressing my intent to waive valuable legal rights including any and all rights that I may have or now have against the owner, the operator, the manager, or any of their employees, agents, servants, assigns and affiliates. I further agree that this document shall be governed by the laws of Barbados and Barbados shall be the sole jurisdiction for any related claim of any kind whatsoever.