WAIVER OF LIABILITY AND INDEMNIFICATION
1. ASSUMPTION OF ALL RISK.
I understand that boating and associated water activities (including, but not limited to: swimming, jumping or diving into a body of water, use of any slide to enter a body of water, tubing, skiing and/or wakeboarding) (hereinafter referred to as the “Activities”) are inherently dangerous. I further understand that there is a significant risk of serious physical injury, including paralysis and death, as well as other damages inherent in boating and the Activities and in my (or any minor for whom I am the parent, guardian or otherwise responsible) (hereinafter referred to as the “Minor”) use of any boat owned, operated or supplied by Hurly’s Scuba Outpost, LLC (hereinafter referred to as “Boat”) and participation in any Activities. These risks and hazards can include, but are not limited to, drowning, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part of the Boat and/or apparatus used for Activities; defective, slippery, worn, or uneven decks, flooring or pads; electrocution; laceration or death caused by, among other things, boat propeller(s); strained or sprained muscles, joints and connective tissue; broken bones; personal injury, including paralysis, death, illness, property damage, and other losses. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me (or the Minor), Hurly’s Scuba Outpost, LLC, including its members, owners, contractors, employees, agents or other parties, as well as the risks normally associated with boating, athletic or water-based endeavors. I understand that such serious risks of harm and death cannot be eliminated without jeopardizing the essential qualities of the Boat, boating and the Activities. I understand that my (or the Minor’s) use of the Boat and any instruction or knowledge I (or the Minor) obtain(s) during the course of that use IS NOT sufficient to prepare me (or the Minor) for the dangers and risks of boating and the Activities. I THEREFORE CERTIFY THAT I (OR THE MINOR) UNDERSTAND(S) BOATING AND THE ACTIVITIES EXPOSE ME (OR THE MINOR) TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME AND ACCEPT ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY (OR MINOR’S) USE OF THE BOAT OR PARTICIPATION IN THE ACTIVITIES.
2. WAIVER OF LIABILITY AND INDEMNIFICATION / PHOTO RELEASE
In consideration of, and as partial payment for, the right to use the Boat and participate in any of the Activities, I HEREBY RELEASE Hurly’s Scuba Outpost, LLC, INCLUDING Gary Hurlbut, BOTH INDIVIDUALLY AND IN HIS CAPACITY AS OWNER/MEMBER OF Hurly’s Scuba Outpost, LLC, AND ANY OTHER Hurly’s Scuba Outpost, LLC OWNERS, MEMBERS, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, AGENTS, CONTRACTORS, GUESTS, AND ALL OTHERS ASSOCIATED OR AFFILIATED WITH Hurly’s Scuba Outpost, LLC (COLLECTIVELY THE “RELEASED PARTIES”) FROM ALL CLAIMS AND LIABILITIES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, CLAIMS OF NEGLIGENCE ON THE PART OF THE RELEASED PARTIES THAT MAY ARISE FROM MY (OR THE MINOR’S) USE OF THE BOAT OR PARTICIPATION IN ANY ACTIVITIES. I EXPRESSLY AGREE NOT TO SUE THE RELEASED PARTIES AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST THE RELEASED PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ON THE PART OF THE RELEASED PARTIES ARISING FROM MY (OR THE MINOR’S) USE OF THE BOAT OR PARTICIPATION IN ANY ACTIVITIES. FURTHERMORE, I EXPRESSLY AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES FROM ALL ASSERTED CLAIMS AND LIABILITIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ON THE PART OF THE RELEASED PARTIES ARISING FROM MY (OR THE MINOR’S) USE OF THE BOAT OR PARTICIPATION IN ANY ACTIVITIES. I EXPRESSLY ACKNOWLEDGE THAT IN SIGNING THIS AGREEMENT, I AGREE TO DEFEND AND INDEMNIFY THE RELEASED PARTIES FROM ALL ASSERTED CLAIMS AND LIABILITIES ARISING FROM ALL ACTS OR OMISSIONS, INCLUDING THOSE OF THE RELEASED PARTIES’ OWN NEGLIGENCE, THAT THE MINOR, IF APPLICABLE, EVER HAD OR MAY HAVE ARISING FROM THE MINOR’S USE OF THE BOAT OR PARTICIPATION IN ANY ACTIVITIES.
I FURTHER IRREVOCABLY Hurly’s Scuba Outpost, LLC PERMISSION AND/OR A ROYALTY-FREE WORLDWIDE LICENSE TO USE MY LIKENESS (AND THE MINOR’S) IN ANY PHOTOGRAPH AND/OR OTHER DIGITAL MEDIA WITHOUT PAYMENT OR ANY OTHER FORM OF CONSIDERATION FOR PURPOSES OF IT’S OWN ADVERTISING AND/OR MARKETING.
3. I AGREE TO ABIDE BY ALL STATED RULES.
I certify that by signing this Agreement, I have been verbally informed of and agree to abide by any and all rules provided by the Boat captain, as well as verbal directions that may be given by the Boat captain and/or other Hurly’s Scuba Outpost, LLC, representatives, staff or employees prior to or during the use of the Boat or participation in any Activities.
4. I AM PHYSICALLY QUALIFIED TO PARTICIPATE.
I certify that I (and the Minor, if applicable) have no physical limitations or medical conditions that would impair my (or their) ability to fully and safely use the Boat or participate in the Activities. I agree to inform the Boat captain of any conditions that may have any effect on my (or their) ability to fully and safely use the Boat or participate in any Activities prior to boarding the Boat, so that a determination can be made as to the proper course of action.
5. BINDING AGREEMENT.
The parties to this Agreement intend the Agreement to be binding, to the fullest extent of the law, on all parties signing below, including any Minor on whose behalf a Parent/Guardian has signed, if applicable, and all their respective successors, heirs, executors, administrators, and family.
6. MISCELLANEOUS PROVISIONS.
a. This Agreement constitutes the complete and sole agreement between me and the RELEASED PARTIES. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding, except any Boat License Agreement signed by me regarding the use of the Boat. However, should any conflict arise between the terms of any then-operable Boat License Agreement and this Waiver of Liability and Indemnification Agreement, the terms of this Agreement shall control. INDIVIDUAL Hurly’s Scuba Outpost, LLC OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, CONTRACTORS, REPRESENTATIVES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This Agreement covers my (or the Minor’s) use of the Boat, my (or the Minor’s) participation in all Activities, as well as travel to and from the Boat. b. THE LAWS OF THE STATE OF FLORIDA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE IN THE STATE COURTS OF PASCO COUNTY, FLORIDA. If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the Agreement or its application to other persons or circumstances is not affected. This Agreement governs all travel to and from the Boat, use of the Boat and participation in any Activities as of the Effective Date written above and thereafter.
SIGNATURE OF PARTICIPANT OR PARENT/GUARDIAN OF MINOR PARTICIPANT NOT YET 18 YEARS OLD: