As a condition to being permitted to board the vessel(s) chartered and operated by MARINA Y CLUB DE YATES HOT SPORTS, S.A. DE C.V. /Marina Hot Sports (Company) the undersigned (user/Affíliate/Member) for himself/herself, personal/ legal representative, heirs and next of kind, acknowledges, represents and agrees the following:
1. Affiliate/Member Representations.- Affiliate/Member represents and warrants that he/she:I am 18 years of age or older.
2. Can see and hear well enough to obey the vessel’s captain’s and crew’s commands.
3. Will cooperate and obey the vessel captain and crew to insure safety of myself other passengers and crew, and will properly wear life jackets instructed and follow instructions, recommendations and cautions of representatives of Company and vendors at all times.
4. Will not be under the influence of any illegal drug and understand and agree that in case to be caught in possession of illegal drugs or prohibited substances will be submitted to the proper authorities and I also will not excessively consume any alcoholic beverage.
5. Will not be under the influence of any illegal drug which would impaired me physically my faculties to understand or comply oral or written directions regarding the vessel and it activities, and do not have any physical condition which would impair my abilities to be a passenger on vessel or participate in swimming, snorkeling or any other nautical activity, and I do not have any physical condition which would make my presence on the vessel or my participation a undue risk to myself, other passengers, the crew or the vessel or other vessels.
6. I am competent swimmer but I will wear a coast guard (master harbor) approved life jacket at all times during any water activities such as snorkeling, swimming, and any other nautical activity.
7. Will comply with all the rules, bylaws and regulations adopted by the company, vessel captain and crew.
8. I am duly aware of the risks and hazards inherent in boarding a vessel on the open sea and lagoon as well as the risks and hazards associated with motor yachts and all water activities such as swimming, snorkel , and hereby I elect to participate voluntary and assume all risks of loss, danger, injury, including death, that may be sustained by myself or any loss or damage to any of my properties. I expressly acknowledge and agree that the activity of chartering a vessel on the open sea, and water activities is dangerous and at all time involve risk of serious injury and or death and or property damage.
9. I will only be permitted to board the vessel if representatives, crew, or contractors of the company determine in their sole discretion that I am in compliance with the company guidelines and security measure, and the representative instructions, and is not engaging in any activity.
10. I am aware that with the chartering of the Company ́s vessel and the activities associated there with the Company may make video and/ or audio recordings of customer and other passengers (the video tape). I agree to relinquish all rights, if any, that I may have related to and/or associate with the videotape and acknowledge and agree that all rights appertain thereto, including any right, title and interest in or to any present or future copyrights related to the videotape as well as any still photos, audiotapes, advertisements, releases, or derivations associate with or related to the videotape and the vessel, shall belong exclusively and unconditionally to Company and its successors and assigns without payment of any loyalties, compensation, fees or consideration of any kind above and beyond the consideration described in the waiver and release. Company shall, now and forever, have the exclusive right, title and (interest to us, edit, display, reproduce, sell, distribute, or otherwise disseminate the videotapes and any derivative works for any commercial or promotional or other purposes and in any manner that company ( and its agents, publicists, and authorized persons entities) Desires.
11. I acknowledge and understand that the rights of usage provided by the Company during the charter are not interpret or understand as giving or creating and king of ownership rights, legal or equitable, in any of the vessels or yachts, or Companies facilities, its stock, or assets.
12. I will be responsible for damages and prejudices and should pay all the costs and fees cause as consequence of those damages or prejudices that in any moment myself or my relatives and children may cause to the company’s vessels, vessels equipment, (snorkels, fins, pads, mats, screens, furniture) and installations for concept of bad use, negligence, disobedience of rules, bylaws and regulations during the charter on board of the vessel.
13. I am aware that the vessel may visit several islands/ports during the charters and I assume all risks associated with any injuries my person arising from any activities undertaken off the vessel by myself or my minor while the vessel is anchored, docked/moored.
14. There is no reimbursement on the hours contracted or amount (s) paid as charter or rent of the mentioned vessel even when the company does not provide or provides a services for a total of hours less then the services contracted, if the cancellation or hours are a consequence of situations not liable to the company. Such as acts of god, force mayor, such a bad weather, mechanics, bylaws default by passenger or direct orders of the customer to begin or terminate the service out of schedule previous stipulated in the confirmation of reservation.
15. I hereby as a customer and passenger release, waive and discharge all claims and potential claims against, and covenants not to sue Company MARINA Y CLUB DE YATES SA DE CV, any of their subsidiaries, parents, affiliated entitles, or any other respective officials, employees , agents and facilities (releases) with respect any damages, injuries or losses of any kind to the Customer or any property damage or loss to any other party arising in connection with these companies charter of vessel and any other activities undertaken during the charter, including but not limited to, snorkeling, swimming, rafting, etc, whether caused by negligence of releases or otherwise. and discharge all claims and potential claims against, and covenants not to sue Company, any of their subsidiaries, parents, affiliated entitles, or any other respective officials, employees , agents and facilities (releases) with respect any damages, injuries or losses of any kind to the Customer or any property damage or loss to any other party arising in connection with these companies charter of vessel and any other activities undertaken during the charter, including but not limited to, snorkeling, swimming, rafting, etc, whether caused by negligence of releases or otherwise.
16. I agree to resolve any and all claims, disputes, or controversies arising out of or relating to this release and indemnity, of my relationship between myself and released parties, or my participation in the activities provided by the company , exclusively submitting to the jurisdiction of the courts in Cancun, Quintana Roo, in case of any controversy, I waive any right to any other jurisdiction they may have for any other reason. This agreement shall be governed by the Mexican Laws . Ambiguities herein shall not be construed against the drafter. Customer further expressly agree that the foregoing release and waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and affect.