LION HEART BOATING CHARTER – WAIVER AND RELEASE OF LIABILITY
IMPORTANT: READ CAREFULLY BEFORE BOOKING. THIS IS A LEGALLY BINDING RELEASE AFFECTING YOUR LEGAL RIGHTS.
In consideration of being permitted to participate in a private boat charter and related marine activities (including boarding, cruising, fishing, snorkeling, swimming, disembarking, and any other water-based recreation) offered through Lion Heart Boating Inc. (a U.S. company, "US Company") and/or Lion Heart Boating Cabo, S.A. de C.V. (a Mexican company, "Mexican Company") (collectively "Releasees"), the undersigned participant ("I" or "Participant"), on behalf of myself, my minor children, and all guests in my party, agree as follows:
1. Acknowledgment of Permits and Operations
I acknowledge that the vessel is operating commercially in Mexican waters under a valid Mexican Temporary Import Permit (TIP) and all required Mexican charter permits issued by SECTUR and SEMAR. The Releasees are fully authorized to provide these charter services.
2. Assumption of Risk
I understand and voluntarily assume all risks associated with marine activities in Cabo San Lucas waters, including but not limited to: rough seas, sudden weather changes, strong currents, equipment failure, drowning, slips and falls, marine life encounters (sharks, jellyfish, rays, etc.), actions of other vessels or passengers, captain's navigational decisions, alcohol consumption, and the inherent risks of boating, swimming, and snorkeling. These risks can result in serious injury, death, or property damage. I assume full responsibility for myself and all guests/minors in my party.
3. Release of Liability
To the maximum extent permitted by applicable law (including the laws of the United States, the State of Texas, federal admiralty law, and the laws of Mexico), I, on behalf of myself, my heirs, executors, administrators, assigns, and all guests/minors in my party, hereby release, waive, discharge, and covenant not to sue the Releasees, their owners, officers, directors, employees, captains, crew, agents, affiliates, successors, and assigns from any and all liability, claims, demands, actions, or causes of action whatsoever for any injury, death, loss, or damage arising out of or related to the charter, including those caused by the ordinary negligence of the Releasees. This release does not apply to gross negligence, willful misconduct, or intentional torts.
4. Indemnification and Hold Harmless
I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from my participation, the participation of my guests/minors, or any breach of this agreement.
5. Medical Fitness and Safety Rules
I certify that I and all members of my party are in good physical health, have no medical conditions that could be aggravated by the charter, and are able to swim if entering the water. I agree to follow all safety instructions, wear provided life jackets when required, and comply with the captain's directions at all times.
6. Governing Law and Venue
This agreement shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal laws of the United States (including admiralty law), to the extent permitted. However, to the extent any claim must be adjudicated under mandatory Mexican law, the laws of Mexico shall apply solely to that portion. Any disputes shall be resolved exclusively in the courts of Dallas County, Texas, unless Mexican law requires otherwise, in which case venue shall be in the appropriate Mexican court with jurisdiction in Baja California Sur. I waive any right to claim lack of personal jurisdiction or inconvenient forum.
7. Miscellaneous
This is the entire agreement between the parties. If any provision is held invalid or unenforceable, the remainder shall remain in full force and effect. This waiver is binding on all guests and minors in my party (I sign as parent/guardian where applicable). I have read this document, understand it completely, and sign it voluntarily. No oral representations have been made that contradict this writing.
Electronic Acceptance:
By checking the box below and completing my booking/payment, I acknowledge that this constitutes my legal electronic signature and a binding agreement on behalf of myself and all guests/minors in my party.
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Charter Date: —
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