RMI Waiver - Indies Trader

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Agreement

INDIES TRADER BERAN RESORTS, INC., BERAN ISLAND RESORT, INDIES TRADER MARINE ADVENTURES INC AND ANY OF ITS AFFILIATES VOLUNTARY AGREEMENT TO RELEASE RIGHTS AND WAIVE LIABILITY

IMPORTANT – YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS. READ THIS AGREEMENT BEFORE YOU SIGN IT.

In consideration of the services and accommodations provided by Indies Trader Beran Resorts, Inc., Beran Island Resort, Indies Trader Marine Adventures and/or any affiliate, subsidiary, parent company, agent, or authorized representative thereof (collectively “Indies Trader”), I, ___________________________________________ (“Participant”) hereby agree as follows:

Name*

First name Middle name Last name

Guest Email*

Phone Number*

Activities Covered
This Voluntary Agreement to Release Rights with respect to and Waive Liability against Indies Trader (the “Agreement”) is made in contemplation of any and all island, beach, ocean, freshwater, pool/spa and/or other physical activities pursued while at Beran Island or in The Republic of the Marshall Islands or in the ocean waters surrounding them. This includes but is not limited to surfing, technical diving in the RMI, body surfing, swimming, diving, scuba diving, Tech diving snorkelling, boating, riding wave runners or jet skis, beach combing, kiteboarding, windsurfing, paddle boarding, stand-up paddle boarding, skimboarding, bodyboarding, fishing of any type, airplane riding, weight lifting, exercising, hiking, wildlife viewing or interaction, kayaking, canoeing, wakeboarding, hydrofoil boarding, sailing, rowing, parasailing, hang gliding, paragliding, sky diving, jet boarding, and other activities both on and offshore (the “Released Activities”). I understand that additional activities not listed may be offered and are also included in the term “Released Activities”.
PARTIES BOUND BY THIS AGREEMENT
This Agreement shall be binding on me and all persons or entities who may bring claims arising out of the Released Activities, including my estate, executors, heirs, legal representatives, administrators, successors, and assigns.
CONTINUING AGREEMENT
This Agreement remains in effect at all times I am participating in the Released Activities, directly or indirectly.
RELEASE OF CLAIMS
I waive and release Indies Trader and its officers, directors, agents, attorneys, representatives, servants, employees, and shareholders (“Released Parties”) from any and all liability for damages, loss, or injury to me or my property arising from participation in the Released Activities, including due to negligence of any kind.
ASSUMPTION OF RISK
I understand the risks involved in the Released Activities, especially in remote locations such as Beran Island and the Republic of the Marshall Islands. I acknowledge that these activities carry the risk of serious or fatal injury and I voluntarily assume these risks. I have been advised to wear a helmet and take all safety precautions.
COVENANT NOT TO SUE
I agree not to bring or assist in bringing any legal action against the Released Parties related to the Released Activities.
DEFENSE AND INDEMNITY
I agree to defend, indemnify, and hold harmless the Released Parties from all claims and actions arising from my participation in the Released Activities.
LIMITATION OF WARRANTIES
All equipment is provided “as is” with no warranties of any kind. I will inspect all equipment before use and decide whether to use it at my own discretion.
INSURANCE
The Released Parties do not provide any insurance coverage. I affirm that I have sufficient insurance or accept personal responsibility for all costs related to any injury or damage that may occur. I certify that I have made adequate provisions for my dependents in case of injury or death.
UNAVAILABILITY OF MEDICAL TREATMENT
I understand that Beran Island, Bikini Atoll, and other Atolls in RMI are remote and lack medical facilities. Medical emergencies will require transport by air or sea at my own arrangement and expense. The Released Parties do not provide medical transport.
STATEMENT OF PHYSICAL CONDITION
I certify that I am in good physical and mental condition and capable of participating in the Released Activities. I have no medical conditions that would interfere with my participation.
DRUG/ALCOHOL USE
Illegal drugs are prohibited. Alcohol or any substances that impair ability are strictly prohibited before or during the Released Activities.
ENFORCEMENT
If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect.
JURISDICTION, VENUE, TRIAL
Any disputes must be filed in the Republic of the Marshall Islands and will be governed by its laws. Any case filed elsewhere may be transferred there at the Released Parties’ option.
ENTIRE AGREEMENT
This document is the full and complete agreement between me and the Released Parties. I am not relying on any other statements, promises, or documents.
WAIVER OF LEGAL RIGHTS
I understand and agree that I am waiving important legal rights, and that this waiver can be used against me in court.
MODIFICATIONS OF THE AGREEMENT
This Agreement cannot be changed unless in writing and signed by an authorized officer of Indies Trader Beran Resorts Inc, Indies Trader Marine Adventures.
ADVICE OF COUNSEL
I have been advised that I may seek independent legal counsel before signing this Agreement.
FAILURE TO INITIAL
If I sign but fail to initial any part of this Agreement, I agree to be deemed to have initialled those parts.

Final acknowledgment

By my signature, I acknowledge and confirm that I have read, understand, and agree to all booking conditions set forth. I am aware that an “Indies Trader” trip includes additional risks such as physical exertion, remoteness from medical services, sudden weather changes, and difficulty of evacuation if disabled. I accept all inherent risks and the possibility of personal injury, death, property damage, or loss. I enter into this Agreement freely and not based on any promises or inducements.

Client Name

Name

First name Last name

Authorized Representative

Title

Signature

Date Waiver Signed: 05/20/2026

Agreement

Final acknowledgment

Client Name

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