CARNIVAL UTOPIA Customer Participation Agreement and Assumption of Risk by Customers.
This is a contract between you (‘the Customer’) and CARNIVAL UTOPIA LLC (‘CARNIVAL UTOPIA, ‘we’, ‘us’, ‘our’). It describes your acceptance of all risks associated with our service (‘event’, ‘activity’, ‘tour’, ‘package’). These terms are so important that we cannot have you participate in our events unless you agree to them. By purchasing our service, and participating in our events, you are agreeing to these terms.
We periodically update these terms and we will let you know when we do via an in-app notification in your portal, or email.
You understand and agree that attending and participating in any of our events, and participating in any indoor or outdoor activities does involve risk and that you are aware of the risks and dangers inherent in the activities you are planning to participate in during the event. You hereinafter state that in agreeing and accepting this Release for yourself, your family members, including minor children, and your employees or contractors you or your organization are sponsoring to attend the event, that you understand the intent of this Release and agree to absolve and hold harmless CARNIVAL UTOPIA and its owners, agents, employees, and/or contractors connected with service in any way from and against any blame or liability for any injury, illness, disease, death, misadventure, harm, loss, inconvenience, or damage suffered as a result of participation in the contracted activity or any activity associated with it, including any harm, illness, death, disease, injury or damages resulting from the negligence or fault of CARNIVAL UTOPIA and its owners, agents, employees, and contractors connected with the event.
If an organization or corporation is sponsoring any individual, the organization and/or corporation solely is responsible for providing a copy of this legal document to any individual it sponsors and the organization and/or corporation agrees to indemnify, defend and hold harmless CARNIVAL UTOPIA against any and all claims made by any of the sponsorees.
You understand and agree that this release is to be construed and interpreted as an ongoing agreement between CARNIVAL UTOPIA and yourself, your other family members, including minor children, and employees or contractors you or your organization you are sponsoring to attend the event. In consideration of the agreement by CARNIVAL UTOPIA to accept your purchase and participation, you, individually or as an organization sponsoring the participation of your organization’s employees or contractors, and/or as parent/guardian of any minor executing this Agreement, do release and forever discharge CARNIVAL UTOPIA and its owners, agents, employees, and/or contractors connected in any way with the event from any and all actions, claims, causes of action, expenses, damages and demands of any kind including but not limited to any claim of damages for bodily injury, illness, disease, death or loss of personal property now existing or which may in the future result from my personal, my organization’s participants, or your child’s /ward’s participation in the activities contracted for including scheduled and unscheduled events. You accept and agree that this Release covers all claims or demands against CARNIVAL UTOPIA and its owners, agents, employees, and/or contractors including claims or demands based on the negligence or fault of CARNIVAL UTOPIA and their owners, agents, employees, and/or contractors.
You understand, accept, and agree that CARNIVAL UTOPIA may have arranged for other entities to provide indoor and outdoor activities for participants of the event. You understand, accept and agree that neither CARNIVAL UTOPIA, nor its agents, servants, employees, and/or officers, are in any way responsible for any activities conducted by other entities. You further agree to Release and Discharge CARNIVAL UTOPIA and its agents, servants, employees and/or officers from any claim relating to either the selection of the other entities or the suitability of the entity to provide the indoor or outdoor activity. You understand, accept and agree that the safety laws, regulations, and requirements for any indoor or outdoor activity may vary widely from your home country’s similar laws, regulations, and requirements. You also understand that medical care in the host country may differ from your home country and you agree to Release and Discharge CARNIVAL UTOPIA and its agents, servants, employees and/or officers from any claim relating to medical services.
In consideration of the agreement by CARNIVAL UTOPIA to accept your purchase and participation, you agree that you, your organization’s participants, and your child/ward do expressly and voluntarily assume the risks and dangers of personal injury, death or property damage to either of you resulting from or related to your or our participation in any of the contracted for activities, including scheduled or unscheduled events.
You represent that yourself, your family (including any minor children), and your organization’s participants are in good health with no physical or mental defects that may pose a danger to the participation of yourself, your family, or your organization’s participants in the activities contracted for including any scheduled or unscheduled events. You agree and you are aware that as a condition of being allowed to participate in the activities that you will not consume any alcoholic beverages or other substances including, but not limited to any drugs or medications which would impair my senses before or while participating in any indoor or outdoor activities.
You understand that the risks and dangers of participation may arise from foreseeable or unforeseeable causes including but not limited to negligence of CARNIVAL UTOPIA, negligence of the participants, negligence of others, accidents, breaches of contract, the forces of nature and other causes.
In consideration of CARNIVAL UTOPIA’s agreement to accept your purchase and participation, applicant/participant hereby additionally releases CARNIVAL UTOPIA’s participating partners, their servants, agents, employees, successors and/or assigns from any claim for loss or injury of any kind, character or description which applicant may have arising out of participation in the activities of the event.
This Express Assumption of Risk and Release of Liability also acts as a Waiver for any protection that may be afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this RELEASE of LIABILITY.
You further understand, accept, and agree that having read and understood this agreement, that by accepting this agreement on behalf of yourself, your family (including minor children), and your organization’s participants that you surrender valuable rights, and you and/or your organization agree not to sue in your individual or organizational capacity or in your capacity as parent/guardian and next friend, CARNIVAL UTOPIA and its owners, employees, agents, and/or contractors. You further hereby agree to the terms in this agreement, and do so freely and voluntarily.
You further agree to obey and follow the information, instruction, and rules, including but not limited to those which are offered from the literature, owners, employees, agents, or contractors of CARNIVAL UTOPIA while checking in at the beginning of the activity and while participating in any activities.
You also give my permission to use any and all written comments, pictures, video and/or movies in which you may appear for publicity, promotion and advertising for CARNIVAL UTOPIA and CARNIVAL UTOPIA services. The Venue of any dispute that may arise out of this agreement or otherwise between parties to which CARNIVAL UTOPIA or its agents as a party shall be Delaware, U.S.A..
BY PURCHASING CARNIVAL UTOPIA SERVICES AND PARTICIPATING IN THE EVENT YOU AGREE TO THE TERMS OF THIS AGREEMENT AND RELEASE OF LIABILITY. YOU UNDERSTAND THAT IF YOU DO NOT AGREE WITH THIS RELEASE OF LIABILITY, YOUR ONLY CHOICE IS TO DISCONTINUE THE USE OF THE CARNIVAL UTOPIA SERVICE AND NOT PARTICIPATE IN THE EVENT. You understand that you may be provided with additional information such as safety information and/or onsite guidance that will provide me with a good understanding of the risks surrounding activities provided by CARNIVAL UTOPIA and/or its agents or partners. You acknowledge that you are entitled to decide not to participate with the planned activity anytime during the event and prior to starting participation in the event and indoor or outdoor activities associated with the event or any other specific activity. CARNIVAL UTOPIA reserves the right to modify and/or refuse anyone the opportunity to participate in any event activities because of a medical or physical condition or physical limitation that CARNIVAL UTOPIA and/or its agents or partners feel might expose participant to inappropriate levels of risk.