If you cancel a trip with LESS than 24 hours’ notice, your credit card will be charged for the full amount of the trip and the credit card receipt will be mailed to you. Xplore Offshore will send you a gift certificate for 50% off of a future trip. This gift certificate is good for one year, is nontransferable and may not be combined with other discounts or offers.
If you cancel a trip with MORE than 24 hours’ notice,, you will receive a full refund less an administration fee of $20. Private charters are assessed an administration fee of 10%. Xplore Offshore will send you a gift certificate for $20 off of a future trip.
Waiver and Release of Liability
Before your trip, we need all passengers to sign the Waiver and Release of Liability. Parents or guardians will sign for children. Be prepared to sign this at the dock before departure.
WAIVER AND RELEASE OF LIABILITY
READ CAREFULLY In consideration of Xplore Offshore furnishing services and/or equipment to enable me to participate in Xplore Offshore activities, tours and programs, I agree as follows:
THERE ARE RISKS!
I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers and hazards and I will be exposed to these risks, dangers and hazards in my use of Xplore Offshore’s equipment and my participation in Xplore Offshore’s activities; (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused any number of things, including but not limited to the negligence of the owners, employees, officers or agents of Xplore Offshore; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature and other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide may misjudge the ocean waves or currents, weather, route location, hazards, water level, other vessels, risks of falling out of or drowning on the vessel or transferring to and from the vessel and such other risks, hazards and dangers that are integral to recreational activities, the ocean and/or use of equipment, including safety equipment. I hereby assume all risks and dangers and all responsibility for any losses and damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Xplore Offshore, or by any other person.
XPLORE OFFSHORE IS RELEASED FROM ANY LIABILITY.
I, on behalf of myself, my personal representatives, and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Xplore Offshore and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Xplore Offshore’s equipment or my participation in Xplore Offshore’s activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Xplore Offshore.
The venue of any dispute that may arise out of this agreement or otherwise between the parties in which Xplore Offshore or its agents is a party shall be in a court in San Diego, county of San Diego, state of California.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SUBMITTING AGREE TO ALL OF THE TERMS THEREIN. I UNDERSTAND THAT IF I DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT THAT I WILL NOT BE ALLOWED TO PARTICIPATE IN XPLORE OFFSHORE ACTIVITIES AND PROGRAMS. BECAUSE I WANT TO PARTICIPATE IN THESE ACTIVITIES, IT IS MY INTENTION TO EXEMPT AND RELIEVE XPLORE OFFSHORE FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.