Release of Liability
In consideration of participation in or a visit in connection with this program, I have and do hereby release and hold harmless Cape Eleuthera Island School, Cape Eleuthera Resort Limited, and all of their employees and agents and donors and granting organizations and affiliates and their respective owners, (collectively, the "Released Parties") from any and all liability, actions, causes of action, claims or demands of every kind and nature whatsoever and specifically any claim for negligence or negligent acts which may arise out of, or in connection with, my involvement in the program. The terms hereof shall serve as a release, indemnification, and assumption of risk for my heirs, executors, and administrators and for all members of my family, including any minors. Without limiting the foregoing, I hereby agree to indemnify, defend, and hold harmless the Released Parties against and from any and all such legal claims that may be asserted at any time, directly or indirectly and by any person, including without limitation by my child, myself or any other member of my family.
This Agreement shall be governed and construed in accordance with the laws of The Bahamas, regardless of laws that might otherwise govern under any applicable principles of conflicts of laws of The Bahamas.
Each of the parties hereto irrevocably agrees that any legal action or proceeding with respect to this Agreement or in regard to any matter of occurrence contemplated in this Agreement and / or the rights and obligations or any claim arising hereunder (whether in contract, tort, or otherwise) shall be brought and determined exclusively in the courts of the Islands of the Bahamas and each of the parties hereto agrees to personal jurisdiction in such courts. Each of the parties hereto irrevocably waives and agrees not to assert by way of a motion, as a defense, counterclaim or otherwise, in any action or proceeding with respect to this Agreement and the rights and obligations arising hereunder that (i) any suit, action or proceeding in such court is brought in an inconvenient forum (ii) the venue of such suit, action or proceeding is improper or (iii) this Agreement or the subject matter thereof may not be enforced in or by such Court(s). Prior to initiating any such litigation, however, the initiating party shall offer to participate in non-binding mediation before a neutral mediator located in The Bahamas. If mediation is agreed to by the non-initiating party, the cost of the services of such mediator shall be shared equally by the parties, but each party shall bear the costs of its own legal fees. If, within 30 days of the offer to mediate having been made, the other party has either rejected mediation or failed to reply, then the initiating party may commence litigation. If mediation is agreed to but does not resolve the dispute after one session, the initiating party may commence litigation.
EACH OF THE PARTIES HEREBY WAIVES TRIAL BY JURY IN ANY JUDICIAL PROCEEDING WHETHER ARISING IN CONTRACT TORT OR OTHERWISE-IN ANY WAY DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES OR PARTICIPATION IN THE PROGRAM.
I agree that the foregoing obligation shall be binding. I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between Cape Eleuthera Island School and/or the affiliated organizations and myself and I sign it of my own free will.