LIABILITY RELEASE WAIVER

CHARTERS — LIABILITY RELEASE WAIVER

We are so excited you’ll be joining us on an adventure of a lifetime. Please take the time to fill out the form below so we can make your adventure perfect for you.

Liability Release Waiver

Please read this document carefully before signing. By signing below, each guest of a Te Mana Travels charter event acknowledges, understands, and agrees to all of the terms set forth herein, on behalf of themselves and, where applicable, any minor child in their care.

PART I — WAIVER

Assumption of Risk

I understand and acknowledge that travel on the yacht and participation in any Te Mana Travels charter or retreat event may involve inherent risks and potential exposure to injury, illness, or property loss. I acknowledge that such risks may arise from the acts or negligence of fellow guests, from foreseeable and unforeseeable causes including weather and other acts of nature, and from the recreational activities that may take place during the trip. I willingly and knowingly elect to participate in spite of these potential risks.

I confirm that I am physically and mentally capable of sailing on the yacht and participating in the activities of the charter or retreat. I willingly and voluntarily assume full responsibility for any injury, loss, or damage caused by me. I agree to inform Te Mana Travels at the time of booking of any medical or physical condition, disability, or limitation that could affect my ability to participate safely. Failure to disclose such information will release Te Mana Travels from any liability arising from or related to that condition. I acknowledge that I am the best judge of my own capabilities and limitations.

Water Sports, Skin Diving & Swimming

Te Mana Travels, the yacht owner, the charter, and any event insurance underwriters shall not be held liable for accidents, injuries, or death arising from swimming, windsurfing, snorkeling, SCUBA diving, kayaking, paddleboarding, or the use of related equipment. The Captain reserves the right to exclude any guest from the use of water sports equipment if, in his or her reasonable opinion, the guest is not competent, is behaving unsafely or irresponsibly, or is failing to show due regard for other persons while operating that equipment.


Alcohol, Drugs & Personal Conduct

The use or consumption of illegal drugs is strictly prohibited aboard Te Mana Travels charters and at all retreat events. I acknowledge that the consumption of alcohol may increase the risk of injury around water and boats, and I and my fellow guests accept that risk. Te Mana Travels, its subsidiaries, employees, officers, directors, affiliates, and agents shall be held harmless from any and all claims or liability for personal injury or death arising directly or indirectly from the use or consumption of alcohol or drugs.


Forces of Nature and Events Beyond Control

Te Mana Travels shall not be liable for any loss, damage, delay, or failure in performance resulting from any force of nature or event beyond its reasonable control, including but not limited to acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war, hostile action, strikes, acts of the public enemy, and federal, state, or foreign laws, rules, and regulations that make operation of the charter or retreat event impossible.


Third-Party Suppliers

Te Mana Travels may act as an agent for airlines, hotels, yacht charter companies, ground operators, retreat venues, and other third-party suppliers. By using these services, the guest agrees to the terms and conditions of those operators and agrees that neither Te Mana Travels nor its employees or representatives shall be liable for any loss, expense, injury, accident, or damage to person or property resulting directly or indirectly from (a) the acts or omissions of such suppliers, (b) acts of God, or (c) any other cause beyond Te Mana Travels’ reasonable control.


Authority of Captain, Facilitators & Staff

The Captain is not required to comply with any guest request which, in the Captain’s reasonable opinion, might result in the yacht entering any port or location that is not safe or proper, or which might prevent the safe re-delivery of the yacht at the end of the Charter Period. Guests agree to comply at all times with the lawful and safety-related instructions of the Captain and crew, and acknowledge that failure to do so may result in removal from the yacht or retreat venue at the guest’s own expense.


Minors

If any minor is taken aboard the yacht or attends a retreat event, the legal parent or guardian of that minor shall be solely and fully responsible for the minor’s safety, conduct, supervision, and entertainment at all times. No member of the crew or Te Mana Travels staff shall be held responsible for the safety, supervision, or entertainment of any minor. By signing this Waiver, the parent or guardian executes this Waiver on behalf of the minor and accepts all terms herein on the minor’s behalf.


PART II — ACKNOWLEDGEMENT & RELEASE

I have read this Liability Release Waiver in full and I understand and agree to its terms. I am signing this Waiver freely and voluntarily, on behalf of myself, on behalf of any minor child in my care attending a Te Mana Travels charter or retreat event, and on behalf of my heirs, assigns, and personal representatives. I hereby release, waive, discharge, and hold harmless Te Mana Travels, its owners, employees, agents, and affiliates from any and all claims, demands, or causes of action arising from my participation, or the participation of any minor in my care, in any Te Mana Travels charter or retreat event.