Florida Jet Skii Agreement of Release Waiver
Florida Jet Skii Agreement of Release, Indemnity, and Assumption of Risk
*** READ BEFORE SIGNING ***
Please read this agreement carefully before you sign it. This is a binding agreement by you in favor of the Operators (as defined below) for all of your activities at Florida Jet Skii, LLC dba Florida Jet Skii, Top-Line-Watersports, Party Barge, The Party Barge, Any Third Party contracted "Fishing Charter/Boat Charter Company(s)" on behalf or this company (collectively the "WaterSports").
You are signing this agreement in exchange for being allowed to enter the Company(s) parks or grounds and to perform activities there.
1. Disclosure of Risks. Water sports activities are very extreme sports, are very high risk, and possess an elevated level of danger that could result in physical and emotional injury, permanent injuries, death, and property loss and damage. These risks include, but are not limited to: impacting water, sand, Oyster beds, the ground, hidden or unseen substances or materials/debris, Channel markers, Floating buoys, Fishing line(s) (whether natural or man-made), other patrons, staff members, and man-made objects such as walls, barriers, boundary markers, ramps, rails, cables, towers, bridges (whether directly or by objects falling from them), possibly at high speeds or low speeds or idling; falling out of a Pontoon boat, boat(s), charterboat(s), tube/tubing or being ejected from a jet ski, jet car, boat(s), flyboard, hydro board, Inflatable Hydrofoil, Surfboard, Non Electric Inflatable, Wingfoil Board, Wakeboard, paddle board, water tube, floating dock, inflatable fube/water park/beach deck/tube/dock and more; exposure to wildlife and/or insects; exposure to infectious diseases and/or viruses; inclement weather, lightning, rain, wind gusts, hypothermia, hyperthermia, fatigue, chill, dizziness, heat and sun-related injuries and illnesses like sunburn, sunstroke, and dehydration; slip and falls on foreign transitory substances or any other liquids, or slippery substances; trip and falls on any natural or man-made objects; aggravation of preexisting medical conditions of any kind. Equipment of any kind may malfunction, be defective, or fail, and safety equipment may not adequately protect you. Patrons may perform activities out of control or beyond their physical limits, or otherwise act in a negligent, reckless, or intentional manner which contributes to the injury or death of themselves or other patrons. Staff, patrons, and other individuals may act negligently, recklessly, or wrongfully. The Company may fail to warn patrons of certain risks, and one activity might possess different risks than another. The Company does not actively supervise the systems or equipment(s) on-site. Therefore, you will participate in all activities at the Grounds at your own risk. I understand and appreciate all of these risks and the possible outcomes, understand that this is not a complete list and there may be unknown or unanticipated risks, and I voluntarily choose to participate nonetheless.
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Assumption of Risk. To the maximum extent permitted by law, I acknowledge, comprehend, and assume all risks of injury, death, and property loss and damage to me while on the Grounds of this Company, regardless of whether inherent or described in this agreement
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Waiver, Release, Covenant Not to Sue, and Indemnification. I agree to each of the following for the benefit of Florida Jet Skii, LLC, and their respective owners, successors, affiliates, managers, officers, and employees (all being collectively referred to as the "Released Parties"):
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RESPONSIBILITY: I hereby agree to assume full responsibility for physical damages to the vessel during my time of possession of the vehicle. Furthermore, in such cases where I/we, the undersigned, party at fault, all cartage expenses, repairs, and downtime will be charged to me/us, following which I/we agree to reimburse any parties separately for damages/loss of use.
A) I waive all rights to pursue any and all claims against the Released Parties for losses, damages, liabilities, costs, and expenses including reasonable attorneys' fees and expenses through all levels of litigation and adjudication (including appeal)) for personal injury (including emotional injury and/or death), property loss and damages, and all other liabilities, claims, demands, actions, and causes of action whatsoever in any way relating to my activities at the Company park(s) (collectively "Losses");
B) I release and covenant to not sue all Released Parties for Losses, and I will not voluntarily participate in any proceeding seeking Losses from a Released Parties;
C) I will indemnify, protect, defend, and hold harmless all Released Parties from and against all Losses asserted against or incurred by any of them, regardless of whether such Losses are suffered or caused by me and regardless of who asserts them.
D) My insurance company shall not have, and I hereby waive, any rights of subrogation against the Company(s) or any Released Parties on account of any Losses.
These waivers, releases, covenants, and obligations include all claims that are based upon the negligence, gross negligence, willful or wanton conduct, intentional conduct of the Company park(s) or any Released Parties, or by any other cause not expressly stated in this agreement, to the maximum extent permitted by law.
4. Other Provisions.
A) If any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected and the term in question shall be valid and enforced to the fullest extent permitted by law. This agreement is governed by the law of the State of Florida, and all disputes shall be resolved in state or federal courts located in Hillsborough County, Miami Dade County, Florida. I am eighteen (18) years of age or older, and I have full legal capacity to execute this agreement; or my parent or legal guardian has signed this agreement on my behalf. This agreement will remain in full force and effect and apply to all of my visits to the Company Park(s) or Grounds once I sign it. I may only revoke this agreement in writing signed by me, but I acknowledge that I cannot and will not enter the Park(s) or Ground(s) unless this agreement is valid and binding against me and that any revocation will not apply to my activities at the Park(s) on or prior to the date of revocation.
B) | hereby knowingly, voluntarily, and intentionally waive the right to a trial by jury in respect of any litigation based hereon or arising out of, under, or in connection with this agreement and any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Park(s). This provision is a material inducement for the Park(s) to grant my admission to the Park(s).
C) I acknowledge that Florida Jet Skii, LLC might record or photograph my likeness, performance, and participation at the Park(s). I agree that Florida Jet Skii, LLC will be the sole owner of all rights to those recordings and photographs forever and that Florida Jet Skii, LLC may use my likeness in these recordings and photographs in all publications and advertisements, all without any payment of consideration or liability to me. This agreement is irrevocable by me.
D) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Park(s), other than what is set forth in this Agreement.
I HAVE READ AND I UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY, AND I HAVE HAD THE OPPORTUNITY TO HAVE MY LEGAL COUNSEL REVIEW IT. I AGREE THAT, BY SIGNING IT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MEMBERS OF MY FAMILY, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS MIGHT HAVE AGAINST THE RELEASED PARTIES.
**IF PARTICIPANT IS UNDER 18 YEARS OLD **
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE PARK USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE PARK IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE PARK HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.