Pura Vida SXM Tours B.V. Liability Waiver Form

1. Liability Waiver & Acknowledgment of Risk

 

I, the undersigned participant, understand that there are inherent risks associated with this trip, including but not limited to boating, snorkeling, paddleboarding, swimming, and related activities. I acknowledge that participating in these activities may result in injury, illness, disability, or death.

 

I agree to listen to and follow all crew instructions at all times. I understand that equipment may fail unexpectedly, and I accept this risk. I will use reasonable judgment, hold onto rails when moving around the boat, and avoid touching submerged parts of the vessel, as doing so could result in injury. I acknowledge that the propellers on both hulls and the tender are hazardous, and tampering with any part of the boat is dangerous and strictly prohibited.

 

I understand that all areas of the boat may be slippery, and I will exercise caution when walking or participating in activities. I agree to hold Pura Vida SXM  and anyone associated with them harmless for any injuries, damages, or incidents resulting from my participation in this trip, including but not limited to equipment failure, environmental conditions, marine life encounters, or my own actions.

​

I agree to follow all instructions provided by the Pura Vida SXM staff for my safety and the safety of others. If I choose to swim to shore during beach stops, I understand that it is my responsibility to return to the boat on time as instructed by the crew. I acknowledge that the boat must adhere to its scheduled itinerary and will not wait for me if I fail to return on time. In such an event, I accept full responsibility for myself and hold Pura Vida SXM Tours BV harmless from any consequences or liabilities arising from my failure to return before departure.

 

The crew reserves the right to prohibit participation if they deem it unsafe for any reason.

 

2. Allergy Disclaimer

 

I understand that allergens may be present on the boat, including in the food, drinks, or environment. If I have any serious allergies that could affect my safety or ability to participate, I will notify Pura Vida SXM staff at least 72 hours before the trip to allow for accommodations if possible. I acknowledge that failure to provide sufficient notice may limit the crew’s ability to assist me. I accept full responsibility for managing my allergies during the trip and will hold Pura Vida SXM and its affiliates harmless for any allergic reactions that may occur.

 

3. Alcohol Consumption Waiver

 

I understand that alcohol consumption is permitted during this excursion. I acknowledge that consuming alcohol can impair judgment, coordination, and physical ability, increasing the risk of injury or harm. I agree to drink responsibly and hold Pura Vida SXM and anyone associated with them harmless for any injury, illness, or incident that occurs as a result of my alcohol consumption, whether self-inflicted or involving others.

 

4. Medical Waiver

 

I certify that I, and any minors under my care, are physically fit and have no known medical conditions that could be aggravated by participation in the activities provided by Pura Vida SXM.

I understand that water activities can be physically demanding and that participation is undertaken at my own risk.

 

In the event of a medical emergency, I authorize Pura Vida SXM staff or emergency personnel to administer necessary medical treatment and transportation, understanding that I am responsible for any associated costs. I release Pura Vida SXM from liability regarding any medical decisions made in good faith during an emergency.

 

5. Media Release Waiver

 

I hereby grant permission to Pura Vida SXM to capture photographs, videos, or other media recordings of me and my group during the activities. I understand that these images or videos may be used for marketing, social media, promotional materials, and the company’s website.

 

I waive any right to inspect or approve the finished product wherein my likeness appears. I understand that no compensation will be provided for the use of these images or recordings. If I do not wish to be photographed or filmed, I will notify a staff member before the tour begins.

 

Participant Agreement

​

By signing this waiver, I acknowledge and accept full responsibility for my participation in this excursion. I agree to release, discharge, and hold harmless Pura Vida SXM, its owners, employees, agents, and affiliates from any and all claims, liabilities, or damages arising from my participation, including but not limited to injury, illness, disability, or death. Furthermore, I understand and agree that this waiver extends to my heirs, executors, assigns, and family members, who shall have no right to pursue legal action against Pura Vida SXM for any reason related to this excursion.

By signing below, I confirm that I have read, understood, and agreed to the terms outlined in this waiver. I am aware that this is a legal release of liability, medical consent, alcohol consumption risk acknowledgment, allergy disclaimer, and media authorization. I sign this document voluntarily and with full knowledge of its contents.

​​​​