Release of Liability, Waiver of Claims,
Assumption of Risks, and Indemnity Agreement
BY SIGNING THIS DOCUMENT, I WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT. I ALSO ACKNOWLEDGE AND AGREE THAT THIS WAIVER COVERS ANY AND ALL MEMBERS OF MY PARTY FOR THE DURATION OF OUR STAY AT SFR
In this Agreement, the term “water sport and other resort activities” shall include but is not limited to: wading, swimming, snorkeling, scuba diving, boating, fishing, hiking, canoeing, kayaking, paddle boarding, and all activities, services and use of facilities and equipment either provided by or arranged by St Francis Resort., a company incorporated under the laws of the Commonwealth of The Bahamas (hereinafter collectively referred to as (“SFR”).
I am aware that participation in water sport and other resort activities involves many risks and that SFR is not responsible for predicting whether any given area is safe for use or travel. The area used for water sport and other resort activities, including Stocking Island and the areas surrounding it, is uncontrolled and unmarked. I accept full responsibility for my own safety and that of all members of my party and agree that neither SFR nor anyone associated with SFR bears any of said responsibility. I am responsible for checking condition of paddleboards, kayaks, boats, snorkel gear and all other equipment provided by SFR and hereby release SFR and any owners, officers, managers, and staff of SFR from any liability in this regard.
In consideration of SFR allowing me to participate in water sport and other resort activities as defined in this Agreement, I hereby agree as follows:
TO HOLD HARMLESS AND INDEMNIFY SFR AND ALL PERSONS ASSOCIATED WITH SFR from any and all liability for any property damage or personal injury to myself, my party, and to any third party resulting from my participation in water sport and other resort activities.
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Commonwealth of the Bahamas and no other jurisdiction.
Any litigation involving the parties to this Agreement shall be brought solely within the Commonwealth of the Bahamas and shall be within the exclusive jurisdiction of the Courts of the Commonwealth of the Bahamas. In entering into this Agreement I am not relying on any oral or written representations or statements made by SFR with respect to the safety of water sport and other resort activities, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD ALL ASPECTS OF THIS AGREEMENT PRIOR TO SIGNING THIS DOCUMENT.
Signed: _________________________________ Date:________________________
Print Name: _________________________________________________________________
Date of Birth: ______________________________ Age: ______________
Room # ______________________________________
Package Plan Terms and Conditions
Meals: Three meals per day, per person are included with the package plan for each paid “day”. Lunch and dinner are included on the day of arrival. Breakfast is included on the day of departure. Other meals on arrival and departure days are not included, and a la carte pricing will apply. There are no menu restrictions for package plan guests however the following rules apply:
A maximum of one entrée per person can be ordered at each meal. Appetizers, starters, extra sides, etc. are not included and will be charged to the room. Skipped or missed meals do not carry forward and no credit is accrued for this. One soft drink per meal is included. In addition, coffee is included with breakfast and dinner.
Unused soft drinks from prior meals do not carry forward to future meals and no credit is accrued in this instance. Likewise, Lunch menu items may be ordered at dinner time in lieu of a dinner entrée however there is no credit given for this substitution.Gratuities are included.
Box lunches: Many guests take advantage of our pre-made “boxed lunches” to maximize their time out on the water. These are included in the package plan and simply take the place of an “ordered” lunch that day. Box lunches can be ordered at dinner the night prior or at breakfast that morning. Box lunches are packed in a cooler with ice and include a sandwich, chips, fruit or other snack, and one soft drink (choose a bottle of water or from an assortment of sodas). Extra waters, sodas, or beers can be requested but these are billed to the room at normal a la carte rates.
Activities: Package Plan guests have access to activities as follows:
Snorkel gear, kayak, paddle board and Hobie Cat.
Skiffs, Kayaks and paddle boards : SFR may not have enough kayaks and paddle boards for all guests to use at the same time, therefore usage is based daily on first come first serve. Kayaks and Paddle Boards must be returned to their designated storage areas after each use and not stored at the individual bungalows
If bad weather or any unforeseen event prevents the use of any activities, no credit is given on the package plan. Package plan pricing includes use of activities from the normal check-in time on the day of arrival until the normal check-out time on the day of departure. Use of activities prior to check-in or after check-out times will be based on availability, and if approved by a manager, will be billed at normal a la carte rates. These charges would be in addition to the standard “late checkout” charge of $50. Late checkouts are not always available and must be approved by a manager in advance.
Use of the above activities by package plan guests is not transferable to non-package plan guests.
A stay at SFR cannot combine “package days” and “non-package days”. Every stay must be 100% “package” or 100% “non-package”. A minimum of two nights required for Package Plan.
Groups traveling together must be either “package” or “non-package”, and not both. The sharing of activities, food, etc. between package-plan guests and guests who are not on the package plan is prohibited
Before partaking in any SFR activities, a release form and damage waiver must be completed and signed by all adults in the party.
I have read and understand and agree to all of the above terms and conditions. I ALSO ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT COVERS ANY AND ALL MEMBERS OF MY PARTY FOR THE DURATION OF OUR STAY AT SFR.
Signature:__________________________________________ Date: ____________
Bungalow or House Boat number:____________________________________________
I, the undersigned “user” of the equipment provided by SFR , kayaks, boats, paddle boards, paddles, snorkel gear, etc. agree as follows:
• To return all equipment as originally received
• To inform management of any damaged or lost equipment while in my possession and to pay to repair or replace such equipment.
• That the price of such repairs or replacement will be determined by SFR based on local prices and costs which may be significantly higher than in the U.S.
SFR provides paddle boards, kayaks and snorkel gear to all Guests if desired. This equipment is expensive to acquire and to maintain. Orientation will be provided upon your arrival if requested, however, caution and common sense should govern the use of all equipment at all times. Further instruction is available upon request at no additional cost. If uncertain about the operation of the skiff or other activities, or waters, guests can have a guide arranged for an additional fee. Damage to vessels, engines, or other vessel parts, other SFR equipment or accessories is the responsibility of the Guest and by signing below the Guest agrees to be financially responsible for such damage as per the below lists.
*Lost or destroyed: Paddle Board or Kayak ($1500), paddle ($100)
*Lost or destroyed: mask ($50), flipper ($35), snorkel ($20), gear bag ($15)
KAYAKS, PADDLE BOARDS, PADDLES – Always return to the rack or storage area after each use and ensure that these items are never left below the high tide line. Never leave these items on rocks or rocky shore. Children using these items must be supervised at all times by an adult.
SNORKEL GEAR – Return to front desk upon checkout
Boats--return to designated dock daily after use
Please note that the resort is not suitable for guests that are physically challenged--there are many stairs and getting into our small ferry boat requires both strength and agility.