WAIVER

ACKNOWLEDGEMENT, AGREEMENT AND RELEASE

Read Before Booking Your Tour

· I understand and agree on my behalf of myself and the members of my traveling party listed below, to assume all risks incidental to participation in the tour programs (which risks may include, among other things, muscle injuries and broken bones, drowning, sea sickness, sea creature attack, or death) and, on my own behalf and the members of my traveling party and on behalf of their heirs, executors, representatives and administrators to release and forever discharge the “Individual and Parties” (defined below), of and from all liabilities, claims, actions, damages, costs or expenses, of any nature arising out of in any way connected with our participation in the Tour Activities, and further agree to indemnify and the Individual/Parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including by not limited to, all attorneys’ fees and disbursements.

· I further understand that this release and indemnity agreement includes any claims based on the negligence, action or inaction of the Individual and Parties and covers bodily injury (including death) and property damage, whether suffered by me or my traveling party, before, during, or after such participation. I further authorize medical treatment for myself and family members of others at my cost, if the need arises.

· I agree that any claims I may have against the Individual and Parties resulting from any events occurring in The Bahamas shall be governed by and constructed with the laws of the Commonwealth of The Bahamas, and further irrevocably agree to the Supreme Court of The Bahamas as the exclusive venue for any such proceedings whatsoever.

· I represent and warrant that I have authority to sign on behalf of myself and members of my traveling party. My signature is confirmed at the click tour booking selected acknowledges that I have read and understood the foregoing and knowingly and voluntarily agree to all the terms of this release.

· The Individual and Parties are Keith G. Cooper, West End Ecology Tours, Old Bahama Bay Resort and Yacht Harbour, the National Eco-Tour Operators Cooperative Society, Ltd., and Grand Bahama Ecology Tours, Ltd. along with related and affiliated companies at every tier, and the officers, directors, employees, agents, representatives, successors and assigns of each of the foregoing entities. In addition, I agree that any claim, demand, or action against any other entity alleged to have owned, operated, marketed, or any affiliated entity or venue on Grand Bahama Island, The Bahamas, or that is alleged in any way responsible for any claim related to my participation on the Tour Programs, such other entity shall be deemed a “Party” entitled to the same rights, protections immunities and benefits of the “Parties” including but not limited to the forum selection agreement contained herein.