Borg Water Sports Ltd.
Reg. Office: Melita, Triq Il- Mejjiesa, Mellieha MLH5130, Malta
Registration No. C36257
Blue Crocodile Ltd.
Reg. Office: 12 Rose, Triq il-Markiza Bugeja, St. Paul's Bay, Malta
Registration No. C79498
By signing the disclaimer I declare the following:
1. That the activity I'm signing for is "parasailing". I acknowledge that parasailing is an activity which inherently carries risks and dangers which include but are not limited to: collisions with natural or manmade objects and/or other participants, slips, falls from height, sinking, capsizing, exposure to elements, drowning, equipment failure and/or defects, error, lightening strikes, wind sheer, weather conditions and mental distress resulting from any of the foregoing, negligence of others. I hereby acknowledge that parasailing may be dangerous and that the list herein is not exhaustive and that there may be other risks not included in said list.
2. After having been made aware of the risks I freely choose to participate in parasailing and, through such participation, I agree the following:
A. That I am participating in parasailing at my own exclusive risk and whilst I fully understand that there are danger and risks associated with parasailing and that injuries and/or death may result from participation in parasailing, I am still willing to participate in same and hereby expressly assume all risks and dangers of my participation in parasailing, whether or not described herein, known or unknown, inherent or otherwise.
B. That I irrevocably and unconditionally exonerate Borg Water Sport Ltd. & Blue Crocodile Ltd. or any of it’s officials, officers, employees and/or representative from any liability, in contract which may arise out of my participation in parasailing and, in addition, hereby release, forever discharge and agree not to sue or bring any other legal action against Borg Water Sport Ltd. & Blue Crocodile Ltd.or any of it’s officials, officers, employees and/or presentative with respect to any and all claims and causes of action, of any nature whatsoever weather currently known or unknown which I have or may have in connection with my participation in parasailing.
C. That I hereby agree to hold harmless and indemnify Borg Water Sport Ltd. & Blue Crocodile Ltd. or any of it’s officials, officer, employees and/or representative against any such liability, losses, claims, expenses and damages of any kind and nature whatsoever and against any suits, claims and/or demands, including legal fees and expenses whether or not incurred in litigation, arising out of or in any manner related to my participation in parasailing.
D. That I am signing this document on behave of a minor and that, I am legally empowered to do so since lowish vested with the rights of signing on behalf of the minor and giving my consent instead of the minor. By signing this document I understand and agree that I am waiving rights which may be competent to the minor.
E. I hereby agree that should I need medical care away from the site where I am participating in parasailing as a consequence of my participating in parasailing, Borg Water Sports Ltd. & Blue Crocodile Ltd. have the right to take me to any facility which said Borg Water Sports Ltd. & Blue Crocodile Ltd. deems fit in the circumstances.
F. I also agree that should any part, phrase of provision of this document be declared to be null and void, the document shall remain valid and binding in all of it’s parts which would have not been declared so null and void and I shall continue to be bound by such other parts.
G. I understand that this document is a contract which is legally binding in Malta and shall be regulated exclusively by Maltese law and that the Maltese courts shall have exclusive jurisdiction to take cognisance of any dispute arising out of any provision of the present document.