Waiver of Liability

In consideration of being allowed to use the facilities, vessels, and participate in any of the five (5) course STCW certification programs (collectively the "Program"), or any other maritime training provided by Bermuda Maritime Academy and each and all of its related companies and partners, which may include but are not limited to the Bermuda Fire and Rescue Service (BFRS), Bermuda College (BC),National Sports Centre (NSC), the Participant and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, (the "Participant") do hereby agree to the fullest extent permitted by law, as follows:

Not to sue Bermuda Maritime Academy and each and all of its related companies, distributors, sponsors, partners, sales representatives, directors, officers, and employees (collectively the “Operators”) for injury, damage, or death which may occur during or as a result of any activity required to be performed for the successful completion of the Program. The Participant releases the Operators from any and all liability for death or any loss, injury or expense of any kind whatsoever, which the Participant may suffer, or that the Participant's next of kin may suffer, from their participation in the Program. The Participant further agrees to indefinitely, defend, and hold the Operators harmless from and against any and all claims, causes of action, demands, or charges of whatsoever for PERSONAL INJURY, DEATH or LOSS arising out of the Participant's attendance of the Program, even if caused in whole or part by the Operators.

Bermuda Maritime Academy participants further agree and acknowledge: 

1) I acknowledge that participating in the Program entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property and or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Program. The risks include, among other things: falls; the forces of nature, including extremes of weather; the risk of collision with objects or other watercrafts, crashing; the risk of boat capsize and entrapment; arm, shoulder, and or back injuries; my own physical condition; and the physical exertion associated with these activities.

2) I fully accept and assume all risks, dangers and hazards and the possibility of personal injury, death or loss resulting from such risks, dangers and hazards in respect of my participation in the Program. Additionally, I agree to wear any personal safety equipment as may be required by the Operators while participating in the Program.

3) I hereby agree to indemnify the Operators from any and all liability for damage to property of, or personal injury to, death of, any third party which are in any way connected with my participation in the Program or my use of the Operators' equipment or facilities, including any such claims which allege negligent acts or omissions by the Operators.

4) Should Bermuda Maritime Academy or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5) I certify that I have adequate insurance to cover any and all injuries or damages I may suffer or cause while participating in the Program, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume the risks of any medical or physical condition I may have.

6) I assume full responsibility for any loss of personal property and any costs associated with said loss.

7) I will NOT participate in any activities sponsored by Bermuda Maritime Academy while my ability is impaired by alcohol, drugs, or otherwise. If found to be impaired by said substances, at the discretion of Bermuda Maritime Academy staff, I further agree that my participation with the Program will be terminated and no refund will be provided.

8) I understand and give my permission for Bermuda Maritime Academy to record, video tape and take photographic images of me while on the premises occupiedby Bermuda Maritime Academy or participating in any activity sponsored by Bermuda Maritime Academy. I understand and give permission for Bermuda Maritime Academy to use these recordings for any and all advertising purposes for Bermuda Maritime Academy without any monetary or other benefit to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns.

9) The Operators reserve the right to cancel any course due to inclement weather or other unsafe circumstances. I acknowledge that this is entirely left to the discretion of the Operators. If a course or activity is cancelled due to bad weather,the Operators reserve the right to reschedule the course or activity for another time and or date, at their discretion.

10. The Operators reserve the right to dismiss any Participant that fails to follow any policies, safety instructions, provisions of this Agreement, or any other instructions given by the employees of the Bermuda Maritime Academy during participation in the Program. I acknowledge this is entirely left to the discretion of the staff present at the time and the Operators. If I am found in violation of any of the above described, I understand my participation in the Program will be terminatedimmediately, and no refund will be provided.

11. I understand that participation in the Program does not automatically result in being awarded the certification. I acknowledge that it is entirely left to the discretion of the Program instructors and staff of the Operators to determine whether I have met all required standards to successfully complete the Program and be awarded the certification. Should I fail to meet the required standards, I understand that I will not be refunded and I will be responsible for covering the costs of retaking the Program.

12) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. I acknowledge that if anyone is hurt or property is damaged during my participation in the Program, I may be found by a court of law to have waived my right to maintain a lawsuit against the Operatorson the basis of any claim from which I have released them herein.

I hereby declare that I am of legal age and am competent to sign this Agreement [or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian understands the terms of this Agreement.]

I have read and understood the contents of this Agreement and that by signing this Agreement I am waiving certain legal rights that I or my heirs, next of kin, executors, administrators and assigns may have against the Operators.

DECLARATION OF FITNESS TO PARTICIPATE IN BERMUDA MARITIME ACADEMY PROGRAMS

I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during participation in my chosen activity: epilepsy, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of prescription drugs.

I hereby declare that I have no physical or mental condition that should preclude me from participating in the Program, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.

Even if I have a health condition as stated above of which I am unaware, by signing this form, I still choose to participate in the Program and agree to waive all liabilities against all the parties mentioned in the Bermuda Maritime Academy Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement concerning any consequences that would result from my actions. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of the Program, I will notify the Bermuda Maritime Academy Team Member immediately. I have read the above Declarations and understand them, and I agree to be bound by them.