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Terms and Conditions

General Terms and Conditions

Octo Watersports V.B.A., and all their relevant companies, affiliates, assigns, directors, employees or agents and their parent companies shall not be liable for any loss or damage whether to person or property however caused or suffered by any client/passenger participating in any activity or alighting therefrom and whether or not such loss or damages be due to negligence or default by Octo Watersports V.B.A, and all their relevant companies, affiliates assigns, directors, employees, agents or parent companies. By accepting a Octo Watersports V.B.A. ‘activity’ ticket, the ticket holder binds him/herself, his/her heirs, legal representatives and assigns, expressly release, discharges and holds harmless aforementioned Octo Watersports V.B.A., and all their relevant companies, affiliates, assigns, employees, agents and their parent companies from all claims, demands, actions, judgements and executions that he/she ever had, or now have, or claim to have against aforementioned Octo Watersports V.B.A., and all their relevant companies, affiliates, assigns, directors, employees, agents and their parent companies arising from injuries or other damages he/she might suffer as a result of his/her participation in any activity provided by Octo Watersports V.B.A.

I acknowledge that the above GENERAL TERMS AND CONDITIONS also apply to the purchase of my ticket. This agreement and any suits whatsoever resulting from it shall be determined according to the laws of Aruba and shall be adjudicated in the courts of, with the exclusion of all other courts.

WAIVER ( IMPORTANT PLEASE READ)

OCTOPUS release of liability, assumption of risk, waiver of claims & indemnification agreement.

Notice- By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims: Assumption of the risk: Indemnification Agreement.

In consideration of being allowed to use the facilities and participate in excursion boat and other activities (collectively the ‘’Activities’’) provided by Octopus (the host), the participant, and the participant’s parent(s) or legal guardian(s) if the participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

1. TO WAIVE ALL CLAIMS that they have or may have against the host arising out of the participant’s participation in the activities or the use of any equipment provided by the host (‘’Equipment’’), including while receiving instruction and/ or training; TO ASSUME ALL RISKS of participating in the activities and using the equipment, even those caused by the negligent acts or conduct of the host, its owners, affiliates, operators, employees, agents, and/ or officers. The par 2. TO WAIVE ALL CLAIMS that they have or may have against the host arising out of the participant’s participation in the activities or the use of any equipment provided by the host (‘’Equipment’’), including while receiving instruction and/ or training; 3. TO ASSUME ALL RISKS of participating in the activities and using the equipment, even those caused by the negligent acts or conduct of the host, its owners, affiliates, operators, employees, agents, and/ or officers. The par 1. TO ASSUME ALL RISKS of participating in the activities and using the equipment, even those caused by the negligent acts or conduct of the host, its owners, affiliates, operators, employees, agents, and/ or officers. The participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the activities and using the equipment, which may be both foreseen and unforeseen and include serious physical injury and death; 2. TO RELEASE the host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the participant (or his/her next of kin) may suffer, arising out of his/her participation in the activities and/or use of the equipment, including while receiving instruction and/or training. The participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and 3. TO INDEMNIFY the host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the participant (or his/her next of kin) may suffer, arising out of participation in the activities and/or use of the equipment, including while receiving instruction and/or training. PERSONAL RESPONSIBILITY The participant and his/her parent(s) or legal guardian(s) certify that participant has no physical or mental condition that precludes him/her from participating in the activities and that he/she is not participating against medical advice. The participant and his/her parent(s) or legal guardian(s) understand that participant’s participation in the activities is voluntary and further understand that they have the opportunity to inspect the host’s equipment and facilities before any participation. The participant and his/her parent(s) or legal guardian(s) understand that participant is obligated to follow the rules of the activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the activities, the participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes participant’s personal safety or that of others, participant and/or his/her parent(s) or legal guardian(s) will remove participant from participation in the activities and immediately bring said hazard or condition to the attention of the host. This excursion or activity may involve certain inherent risks, including death and personal injury, and I have not relied on any statements of the ticket seller or cruise line in selecting this excursion or activity. I agree the ticket seller or cruise line is not responsible for, and has no control over, the actual operation of this excursion or activity. In consideration for participating in this excursion or activity, I hereby irrevocably and permanently release any and all claims of any kind or nature whatsoever, including but not limited to claims for personal injury, death, loss, damage or delay, against any cruise line involved in my travel and entity selling tickets to this excursion or activity. To the extent that any portion of this agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the agreement shall remain binding and available for use by the host and its counsel in any proceeding.

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