Terms and conditions

WAIVER

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
This document affects your legal rights: Read carefully before signing.

1. ACTIVITY AND ASSOCIATED RISKS:

I have chosen to participate in the following activity: Jet Ski Tour (hereinafter referred to as “the Activity”), organized by Broski Curaçao B.V. (hereinafter referred to as “Broski Tours”). I understand that:

  • The Activity is inherently hazardous, and I may be exposed to dangers and risks, including but not limited to: unpredictable ocean currents, lightning, hypothermia, hostile or aggressive wildlife, drowning, death, falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries due to my lack of fitness or conditioning, equipment failures, or my failure to wear personal protective gear such as a flotation device, as well as the negligence of others;

  • As a consequence of these risks, I may be seriously injured, disabled, or die from the resulting injuries, and my property may also be damaged;

  • Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Activity; and

  • Broski Tours assumes no responsibility for providing medical care during the Activity, and I will be responsible for any medical expenses and/or evacuation costs that I incur.

In consideration of being allowed to participate in the Activity, I agree to the terms of this document.

2. ASSUMPTION OF THE RISKS:

I hereby freely assume the above-mentioned risks, as well as any other risks not specifically listed, that are part of the Activity. I understand that any harm, injury, or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of Broski Tours, its employees, agents, officers, contractors, and other participants—is my responsibility. I also understand that any equipment I provide, borrow, or rent from Broski Tours or any other provider is at my own risk, and such equipment is provided without warranty of its condition or suitability.

3. RELEASE OF LIABILITY:

I hereby RELEASE Broski Tours, its employees, agents, officers, contractors, equipment providers, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, death, loss, or harm that occur to me or to any other person or property during the Activity or in any way related to the Activity, including transportation to or from the Activity. This RELEASE includes claims of negligence and strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any liabilities that Curacao law does not permit to be excluded by agreement. I agree NOT TO SUE or make any claim against the Released Parties for any death, injuries, loss, or harm that occur during or in connection with the Activity.

4. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE:

I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties (as defined in Section 3) against any and all claims related to the Activity, including claims for their own negligence. I also agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any claims arising from my own negligence or any other claim resulting from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, incurred due to any claims made against them. This obligation extends to my estate, personal representative, executor, administrator, or guardian in the event of my death or disability.

5. AGREEMENT TO FOLLOW RULES AND DIRECTIONS:

I agree to follow the rules provided for the Activity and to follow directions given by Broski Tours’ staff, including the requirement to wear a life vest or personal flotation device at all times when on the water. I confirm that I will respect the sea and its inhabitants by navigating carefully. I further agree to ensure that all members of my group follow these same rules:

  • I will always stay within the sight of the tour guide and follow instructions;

  • I will avoid swimmers and maintain at least 50 meters from other watercraft when traveling at high speed;

  • I will maintain a distance of at least 200 meters from the shore and approach the beach slowly when necessary;

  • I will maintain a safe distance from obstacles like other boats, rocks, and the coast, taking into account unpredictable wave effects;

  • I will adjust my speed appropriately to avoid potential accidents, especially around swimmers or other participants.

I agree that if these rules are violated, my participation in the Activity will be terminated without refund. I also confirm that all participants in my group are in good health, free from the influence of drugs or alcohol, and possess adequate swimming skills. I understand that Broski Tours does not recommend participation for individuals with joint problems, vision impairment, epilepsy, or for pregnant women. I confirm that drivers are at least 16 years old, and passengers are at least 8 years old. Participants under 18 years old have parental or guardian consent to take part in the Activity.

6. AGREEMENT TO PAY FOR DAMAGES AND PENALTIES:

  • I authorize Broski Tours to determine whether any damage to their equipment (identified during or after the Activity) is new or pre-existing and to assess the cost of repairs.

  • As the Activity is a private tour, I agree that my group will be considered one entity, and if any new damage is identified, I authorize Broski Tours to charge the deposit provided by all group members, regardless of who is responsible. This includes damage caused by accidental incidents, such as capsizing a Jet Ski.

  • I am aware that some damage repair costs may exceed the deposit provided (up to 7,000 euros per Jet Ski) and agree to pay the excess repair cost immediately after the Activity.

  • If additional repair costs arise later, I authorize Broski Tours to charge me for these unforeseen extra costs.

  • I will not raise any disputes over damage assessments or repair charges.

7. INDEPENDENT CONTRACTORS:

I acknowledge that Broski Tours has no control over and assumes no responsibility for the actions of any independent contractors providing services for the Activity.

8. USE OF MY LIKENESS:

I understand that I may be photographed or videotaped during the Activity. I waive all rights of publicity or privacy regarding my likeness and grant Broski Tours the right to use and publish such media in any form, without restrictions, and for any lawful purpose.

9. SEVERABILITY:

This agreement is intended to be as broad and inclusive as permitted by Curacao law. If any portion of this agreement is found to be invalid or unenforceable, the remainder will continue in full force and effect.

10. APPLICABLE LAW, FORUM, AND ATTORNEY’S FEES:

This agreement is governed by Curacao law. Any disputes arising from this Agreement or the Activity will be brought only in Curacao courts, and the prevailing party in any litigation will be entitled to recover attorney’s fees and costs.

I HAVE FULLY READ AND UNDERSTOOD THIS AGREEMENT BEFORE SIGNING. NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM WHAT IS CONTAINED IN THIS DOCUMENT HAVE BEEN MADE TO ME. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT VOLUNTARILY.

 

Cancellation and rescheduling policy

If you need to cancel your tour, we will first try to reschedule it to another date. If rescheduling is not possible, the following cancellation policy applies:

More than 7 days before the tour date: Full refund.

Within 7 days of the tour date: A 50% cancellation fee will apply.

Within 24 hours of the tour date: No refunds will be issued.

If you have additional questions, feel free to contact us.

DAMAGE LIABILITY AGREEMENT

This Damage Liability Agreement (“Agreement”) is entered into on the Effective Date by and between:

1. PARTIES:

  • Liability Party (Participant):
    as noted above on page 1.

  • Protected Party (Broski Curaçao B.V.):
    Name: Broski Curaçao B.V. (Broski Tours)
    Address: Kaya Araña 32
    City/State/ZIP: Willemstad, Curacao
    Phone: +599 9517 2767
    Email: info@broskitours.com

Collectively referred to as “the Parties”.

2. LIABILITY ACKNOWLEDGMENT:

The Liability Party acknowledges and agrees that they are fully responsible for any damages, losses, or expenses incurred by Broski Tours or third parties arising from their participation in any activities organized by Broski Tours, as further described in Section 3. This liability includes, but is not limited to, physical damage to equipment, property, or persons.

3. SPECIFIC CIRCUMSTANCES:

The Liability Party agrees to assume liability under the following circumstances:

  • Damage to Equipment or Property of Broski Tours:
    Any damage, whether accidental or due to negligence, caused to the equipment (including but not limited to Jet Skis, life vests, watercraft) or property of Broski Tours.

  • Damage to Third-Party Property:
    Any damage caused by the Liability Party to the property or equipment of third parties during the activities organized or facilitated by Broski Tours.

  • Violation of Safety Rules:
    Any violations of Broski Tours’ safety protocols or failure to follow the instructions provided by Broski Tours’ staff, resulting in damage or risk.

  • Accidental or Negligent Actions:
    Any damages caused by careless or reckless behavior during the course of the activity.

4. DAMAGES AND COMPENSATION:

If any of the aforementioned damages or losses occur, the Liability Party agrees to compensate Broski Tours promptly and in full. The following outlines the process for damage reporting and compensation:

  • Damage Evaluation:
    Broski Tours will evaluate and document any damages and provide a written notice to the Liability Party specifying the extent and nature of the damage.

  • Compensation Amount:
    Compensation will be based on the cost of repair or replacement of the damaged equipment or property, or the fair market value in the event of loss. Any legal or administrative fees related to the damage may also be included.

Description of Damages:

 

 

Estimated Compensation Amount:

 

 

(Final compensation subject to revision based on the actual repair or replacement costs.)

5. PAYMENT TERMS:

The Liability Party agrees to pay the full amount of the assessed damages within five (5) business days of receiving the written notice from Broski Tours. Payment may be made through the following methods:

  • Cash

  • Certified Check

  • Bank Transfer

  • Other mutually agreed-upon methods

Failure to make payment within the specified time will result in additional penalties, including but not limited to interest charges or legal action.



6. GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the laws of Curaçao, without regard to conflict of law principles. Any disputes arising from this Agreement will be adjudicated exclusively in the courts of Curaçao.

7. LIMITATION OF LIABILITY:

This Agreement does not limit or exclude liability for gross negligence, willful misconduct, or any liabilities that may not be limited or excluded under applicable law.

8. ENTIRE AGREEMENT:

This Agreement represents the entire understanding between the Parties regarding damage liability during activities organized by Broski Tours. It supersedes all prior discussions, agreements, or understandings, whether oral or written, related to the subject matter herein.

9. MODIFICATIONS:

Any amendments or modifications to this Agreement must be in writing and signed by both Parties to be effective.

10. SIGNATURES:

This Agreement may be executed electronically or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Protected Party (Broski Curaçao B.V.) 

 

 

Agrees to the terms and conditions set forth in this contract.

 

 

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