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*************Release of Liability**************
Please read and review. Please check the box you have read and agree to the following. This is a legal binding contract.
This Agreement is made on today's date
Between
SUNBIZ PARADISE TOURS LLC
And:
You, the Customer, participants and all passengers in my group / party.
(1) SUNBIZ PARADISE TOURS LLC (the "Owner/Operator"), the individual or entity that owns or operates the boat and is seeking liability protection through this waiver.
(2)CUSTOMER / Participant/s. the individual/s who will be participating in boat activities and is agreeing to waive their right to hold the boat owner/operator liable for injuries or damages.
Background
The Owner/Operator owns, operates, or has control over a watercraft and desires to make said vessel available for recreational boating activities, water sports, transportation, or other marine-related activities.
The Participant wishes to engage in boating activities aboard the vessel owned or operated by the Owner/Operator, which activities may include but are not limited to boarding, riding, swimming, fishing, other water-based recreational pursuits.
The parties acknowledge that boating and water-related activities involve inherent and significant risks of injury, death, and property damage that cannot be eliminated regardless of the care taken to avoid such risks.
The Owner/Operator requires all participants to execute this waiver and release of liability as a condition of participation in any boating activities or use of the vessel.
The Participant voluntarily seeks to participate in the aforementioned activities with full knowledge and understanding of the risks involved and desires to assume such risks in exchange for the opportunity to participate.
This Agreement is intended to be as broad and inclusive as permitted by the laws of FLORIDA and is designed to provide the Owner/Operator with protection from liability claims arising from the Participant's voluntary participation in boating activities.
Definitions
Activities means all boating, water-related, and marine activities including but not limited to boarding, riding, swimming, fishing, water skiing, wakeboarding, tubing, diving, snorkeling, anchoring, docking, embarking, disembarking, and any other recreational or transportation activities conducted on, in, around, or from the Vessel.
Vessel means the watercraft owned, operated, leased, or controlled by the Owner/Operator, including all equipment, machinery, accessories, safety devices, and appurtenances thereto.
Participant means the individual executing this Agreement who will engage in Activities, including any minor child for whom a parent or legal guardian is signing this Agreement.
Owner/Operator means the individual or entity that owns, operates, leases, controls, or has responsibility for the Vessel, including their agents, employees, representatives, and assigns.
Released Parties means the Owner/Operator, their officers, directors, shareholders, employees, agents, representatives, insurers, successors, assigns, and any other individuals or entities associated with the ownership, operation, or use of the Vessel.
Claims means any and all claims, demands, actions, causes of action, suits, proceedings, damages, losses, costs, expenses, liabilities, and obligations of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, arising out of or related to the Activities.
Inherent Risks means those dangers, hazards, and risks of injury or death that are an integral part of Activities, including but not limited to weather conditions, water conditions, mechanical failure, operator error, other participants' conduct, marine life encounters, and the unpredictable nature of water and boating activities.
Minor means any individual under the age of eighteen (18) years or such other age of majority as established by applicable law.
Emergency Medical Treatment means any medical care, treatment, transportation, or procedures deemed necessary by medical personnel or the Owner/Operator in response to any injury or medical condition arising during Activities.
Personal Property means all belongings, equipment, clothing, jewelry, electronic devices, and other items brought aboard or used in connection with the Vessel or Activities by the Participant.
Assumption of Risk
The Participant acknowledges and understands that participation in boating Activities involves inherent and significant risks of serious bodily injury, death, and property damage that cannot be eliminated regardless of the care taken by the Owner/Operator or any other party.
The Participant specifically acknowledges awareness of the following Inherent Risks associated with boating Activities:
Weather-related hazards including but not limited to sudden storms, high winds, lightning, fog, rain, currents , tides and rapidly changing conditions that may create dangerous situations.
Water-related dangers including drowning, hypothermia, decompression sickness, marine life encounters, underwater obstacles, strong currents, and varying water depths.
Vessel-related risks including mechanical failures, engine problems, steering malfunctions, electrical system failures, fuel system issues, and equipment breakdowns.
Collision risks with other vessels, docks, piers, bridges, debris, or stationary objects in or on the water.
Slip and fall hazards on wet surfaces, moving decks, or while boarding or disembarking the Vessel.
Risks associated with water sports and recreational activities including but not limited to water skiing, wakeboarding, tubing, swimming, diving, and fishing.
Exposure to sun, wind, and marine environment that may cause burns, dehydration, seasickness, or other physical discomfort.
The Participant acknowledges that the above list of risks is not exhaustive and that other unknown or unanticipated risks may also result in injury, death, or property damage.
The Participant voluntarily assumes all such risks and agrees that no oral or written representations have been made by the Released Parties to minimize or eliminate any of the Inherent Risks associated with the Activities.
The Participant represents that they possess sufficient skill, physical fitness, and knowledge to safely participate in the Activities, or will refrain from activities beyond their capabilities.
Release and Waiver of Claims
The Participant, for themselves and on behalf of their heirs, executors, administrators, successors, and assigns, hereby releases, waives, discharges, and covenants not to sue the Released Parties from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant or damage to property owned by the Participant while participating in Activities or while on or about the Vessel.
This release applies to liability, claims, demands, actions, or causes of action arising from or related to:
The negligence of the Released Parties, whether passive or active;
Inherent Risks associated with boating and water Activities;
The condition, design, or maintenance of the Vessel and all equipment thereon;
Actions or omissions of other participants or third parties;
Weather conditions, water conditions, or environmental factors;
Mechanical failure or malfunction of the Vessel or equipment.
The Participant acknowledges that this release is intended to be as broad and inclusive as permitted by law and that if any portion thereof is held invalid, the balance shall continue in full legal force and effect.
The Participant expressly waives any rights under any statute or common law principle that would otherwise limit the scope of this release, including but not limited to Section 1542 of the California Civil Code or similar provisions in other jurisdictions.
This release covers both known and unknown claims and the Participant expressly waives any right to assert that any claim was unforeseeable or beyond the scope of this release.
Indemnification
The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all Claims, demands, actions, causes of action, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) that arise out of or result from the Participant's acts, omissions, negligence, or willful misconduct during participation in Activities.
The Participant's indemnification obligations shall include but not be limited to Claims brought by third parties for:
Personal injury, death, or property damage caused by the Participant's conduct;
Violation of any law, regulation, or maritime rule by the Participant;
Damage to the Vessel or equipment caused by the Participant's negligent or intentional acts;
Environmental damage or pollution resulting from the Participant's actions.
The Released Parties shall have the right to select counsel of their choice to defend any Claim subject to indemnification, and the Participant shall be responsible for all reasonable costs and expenses of such defense.
The Participant's duty to indemnify shall survive the termination of this Agreement and shall continue in full force and effect regardless of any subsequent release or settlement of Claims between the parties.
This indemnification provision is intended to be separate and distinct from, and shall not limit, the release and waiver provisions contained elsewhere in this Agreement.
Medical Treatment Authorization
The Participant hereby authorizes the Owner/Operator, vessel crew, and any emergency medical personnel to provide or arrange for emergency medical treatment, first aid, and transportation in the event of injury, illness, or medical emergency occurring during participation in Activities.
This authorization includes consent to emergency medical procedures, hospitalization, administration of anesthesia, surgery, and other medical treatment deemed necessary by qualified medical personnel in their professional judgment.
The Participant acknowledges that the Owner/Operator and Released Parties are not medical professionals and make no representations regarding their ability to provide medical care beyond basic first aid measures.
The Participant assumes full responsibility for all costs and expenses associated with medical treatment, emergency care, hospitalization, transportation, and any other medical services required as a result of participation in Activities.
The Participant agrees to maintain adequate health insurance coverage and acknowledges that the Owner/Operator carries no obligation to provide or pay for medical insurance, treatment, or related expenses.
In the event the Participant is a Minor, the parent or legal guardian executing this Agreement on behalf of the Minor provides the medical treatment authorization set forth in this Section and assumes responsibility for all associated medical expenses.
The Participant represents that they have disclosed all relevant medical conditions, medications, and physical limitations that may affect their ability to safely participate in Activities or that may be relevant to emergency medical treatment.
Insurance and Personal Property
Insurance Coverage Disclaimer. The Owner/Operator makes no representation that any insurance coverage exists to cover injuries, damages, or losses that may be sustained by the Participant during boating Activities.
No Insurance Obligation. The Owner/Operator has no obligation to provide, maintain, or secure any insurance coverage for the benefit of the Participant, including but not limited to health insurance, accident insurance, or personal liability insurance.
Personal Insurance Responsibility. The Participant acknowledges that they are solely responsible for obtaining and maintaining adequate insurance coverage for their own protection, including health, accident, disability, and personal property insurance.
Personal Property Risk. The Participant brings Personal Property aboard the Vessel entirely at their own risk and acknowledges that such property may be damaged, lost, stolen, or destroyed during the Activities.
No Responsibility for Personal Property. The Released Parties shall have no responsibility or liability for any damage, loss, theft, or destruction of the Participant's Personal Property, regardless of cause, including but not limited to negligence of the Released Parties.
Storage and Security Disclaimer. The Owner/Operator provides no guarantee of secure storage for Personal Property and assumes no duty to safeguard, monitor, or protect any items brought aboard the Vessel by the Participant.
Recommended Precautions. The Participant is advised to leave valuable items on shore, secure necessary items in waterproof containers, and consider purchasing additional insurance coverage for expensive equipment or Personal Property.
Scope of Activities
Permitted Activities. The Participant is authorized to engage in the following activities while on or around the Vessel: boarding and disembarking, recreational boating as a passenger, fishing, swimming in designated areas when conditions permit, sunbathing, photography, and other passive recreational activities as specifically authorized by the Owner/Operator.
Water Sports Activities. If specifically agreed to in writing by the Owner/Operator, the Participant may engage in water sports activities including but not limited to water skiing, wakeboarding, tubing, knee boarding, and similar towed water sports, subject to additional safety requirements and restrictions as determined by the Owner/Operator.
Prohibited Activities. The Participant is expressly prohibited from engaging in the following activities: operating or attempting to operate the Vessel without express written authorization, consuming alcohol or controlled substances, diving or jumping from the Vessel unless specifically permitted, swimming in prohibited areas or dangerous conditions, interfering with navigation or safety equipment, and engaging in any reckless or dangerous behavior that may endanger persons or property.
Certain activities may be permitted only Conditional Activities.under specific conditions as determined solely by the Owner/Operator, including swimming based on weather and water conditions, use of vessel equipment such as fishing gear or water sports equipment, and access to restricted areas of the Vessel.
Compliance with Instructions. All activities must be conducted in strict accordance with instructions provided by the Owner/Operator, applicable maritime laws and regulations, and posted safety rules, with the understanding that the Owner/Operator may modify, restrict, or prohibit any activity at any time for safety or other reasons.
Activity Modifications. The Owner/Operator reserves the absolute right to modify, restrict, or terminate any permitted activity based on weather conditions, mechanical issues, safety concerns, or other circumstances, and the Participant agrees to comply immediately with any such modifications or restrictions.
Safety Rules and Regulations
The Participant agrees to comply with all safety instructions, rules, and regulations provided by the Owner/Operator, captain, crew members, or other authorized personnel at all times while on or around the Vessel.
The Participant shall obey all applicable federal, state, and local maritime laws, regulations, and ordinances, including but not limited to United States Coast Guard regulations and state boating safety requirements.
The Participant agrees to wear appropriate safety equipment, including life jackets or personal flotation devices, when required by the Owner/Operator or as mandated by law.
The Participant shall not operate any equipment, machinery, or controls on the Vessel without express written permission from the Owner/Operator or authorized captain.
The Participant agrees to refrain from the following prohibited conduct while participating in Activities:
Consumption of alcohol or illegal substances that may impair judgment or physical coordination.
Engaging in reckless, dangerous, or disruptive behavior that may endanger themselves or others.
Swimming, diving, or entering the water without permission from the Owner/Operator or in designated no-swimming areas.
Bringing aboard prohibited items including weapons, fireworks, or other dangerous materials.
The Participant acknowledges that failure to follow safety rules and regulations may result in immediate removal from the Vessel and termination of participation in Activities without refund.
The Participant agrees to immediately report any unsafe conditions, accidents, injuries, or emergencies to the Owner/Operator or crew members.
The Participant understands that safety rules may be modified or additional rules implemented at the sole discretion of the Owner/Operator based on weather conditions, water conditions, or other safety considerations.
Severability
If any provision, clause, or portion of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement.
The parties agree that any invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
In the event that any provision is deemed unenforceable, the court is encouraged to modify such provision to the minimum extent necessary to make it enforceable while preserving the original intent of the parties, rather than invalidating the provision entirely.
The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.
If the severance of any invalid provision would materially alter the fundamental purpose or balance of this Agreement, the parties may elect to renegotiate the affected terms rather than proceed with a severed agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of FLORIDA, without regard to its conflict of laws principles.
Any legal action, suit, or proceeding arising out of or relating to this Agreement, the boating activities described herein, or any breach thereof shall be instituted exclusively in the state or federal courts located in COLLIER COUNTY, FLORIDA.
The Participant hereby consents to the personal jurisdiction of such courts and waives any objection to venue in such courts, including any claim that such courts constitute an inconvenient forum.
In the event any provision of this Agreement is found to be unenforceable under the laws of the governing jurisdiction, such provision shall be severed and the remainder of this Agreement shall remain in full force and effect.
The Participant acknowledges that they have had sufficient opportunity to review this Agreement and seek legal counsel before signing, and that no oral representations or modifications to this Agreement shall be binding unless set forth in writing and signed by both parties.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, agreements, and understandings, whether written or oral, relating to the Participant's participation in Activities involving the Vessel.
No modification, amendment, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both parties.
The parties acknowledge that they have not relied on any representations, warranties, or agreements other than those expressly set forth in this Agreement.
If any additional agreements or documents are executed in connection with the Participant's use of the Vessel, such documents shall be deemed supplementary to this Agreement and shall not supersede the liability waiver and release provisions contained herein unless explicitly stated otherwise in writing.
As a Customer / Participant/s acknowledges for all passengers in my group / party.... I /We waive all rights to sue for negligence.
PARTICIPANT ACKNOWLEDGMENT AND SIGNATURE
I acknowledge that I have read this entire Boat Liability Waiver and Release Agreement, understand its contents, and agree to be bound by its terms. I confirm that this agreement voluntarily and without coercion.
PARENT/GUARDIAN CONSENT (Required if Participant is under 18 years of age)
I am the parent or legal guardian of a minor/s participant. I have read this agreement and understand its terms. I give my consent for the minor to participate in boating activities and agree to be bound by all terms of this waiver on behalf of the minor.
OWNER/OPERATOR ACKNOWLEDGMENT
Owner/Operator Name (Print): Sunbiz Paradise Tours LLC