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Liability Waiver and Release
I, by paying the tour deposit, hereby evidence my agreement to this Liability Waiver and Release as laid out herein. I waive any and all claims that I may have now and in the future, and release Petertoursbermuda from all liability inherent with a tour and agree not to make a claim against Petertoursbermuda and/or its agents, employees or guides (“Petertoursbermuda”) for any personal injury, death, property damage, expenses or losses of any nature sustained by me as a result of my participation in a tour offered by Petertoursbermuda due to any cause whatsoever, including without limitation, as a result of negligence, war, civil unrest, strikes, pandemic or local epidemic. I further agree that if I violate this Waiver and Release agreement and attempt to bring suit against Petertoursbermuda that I will indemnify Petertoursbermuda for any and all costs, including without limitation, attorney’s fees, incurred by Petertoursbermuda in defending such action. I understand that this liability waiver extends and fully applies to any family person(s) with me on the tour, plus anyone in my care under the age of 18-years.
I am aware that tours, in addition to the usual dangers and inherent risks, may have certain additional dangers and risks, including without limitation, dangers due to physical exertion, injury from falling, getting on and off of a boat, exposure to the sun for which I may not be prepared for, and sudden changes to weather. I also understand that I am responsible for any consequences resulting from (a) my failure to eat and/or drink enough while on the tour, (b) educating myself on the bus and/or ferry schedules notwithstanding any advice given by Petertoursbermuda, and I understand that all forms of public transportation are subject to sudden work stoppages, the effects of which I will not fault Petertoursbermuda.
I am also aware that a tour’s planned progress could be frustrated due to traffic and/or mechanical issues to the Petertoursbermuda vehicle, and I do not hold Petertoursbermuda liable for issues relating to these occurrences, including, without limitation, the inability to return to my ship or to the agreed place where the tour is to conclude on time, and I accept any and all expenses associated with these. I acknowledge that the enjoyment and excitement of the proposed form of tour is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness, Petertoursbermuda can, at my cost, arrange any medical treatment and emergency evacuation service that may be necessary for my health and safety. Further, I agree at all times during the tour, to abide by and comply with any additional instructions given by the Petertoursbermuda tour guide, and I accept that non-compliance may result in injury, death or permanent disability. I further understand that non-compliance may result in my removal from the tour along with any expenses associated with that.
In entering into this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Petertoursbermuda or any other inducement or coercion to go on the tour. I confirm that, by my own free will, I have read and understood the terms and conditions of the tour and Wavier and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, persons under my custody, executors, administrators and successors.
I agree to grant Petertoursbermuda a royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes.
As a participant on the tour, I accept full responsibility for my, (including any person under my care) behaviour, well-being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, modes of travel, and activities including but not limited to climbing stairs, or walking for a longer period than I am used to, getting on and off a boat and walking in confined spaces. I further realize that the tour may involve walking through unfamiliar, narrow, unpaved and/or steep paths, roads, stairways, sandy beaches, rocky outcroppings and driveways. As part of the tour I might elect to swim and I take responsibility for any emergency surrounding that including, but not limited to, drowning or being harmed by anything in the ocean. I knowingly and wilfully accept these risks, and similar risks, and take complete and total responsibility for my behaviour, well-being and health during the tour.
For the purposes of the tour, I am an agent or representative for my spouse and/or children or other family members who may be joining me on the Petertoursbermuda tour. I have shared this Waiver and Release with all adults joining me on the Petertoursbermuda tour and confirm that they have read it and that they accept all of the aforesaid terms and conditions.