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  • RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT 

    IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT SIGN THE DOCUMENT. 

  • I*, hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with riding a water craft and the related activities which I am about to engage in, including but not limited to:

    1)      changing water flow, tides, currents or wave action, ship’s wakes, wind shear and other changes in wind velocity, inclement weather, lightning, and changes in weather and temperature;

    2)      collision with: a) other participants, b) other watercrafts, d) shuttle boat, or man-made or natural objects;

    3)      my or another participant’s sense of balance or lack thereof, physical condition, inability to operate equipment, inability to swim and/or inability to follow directions;

    4)      collision, capsizing, sinking, the presence of insects and marine forms, and other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/ or drowning;

    5)      equipment failure or operator error;

    6)      heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration, fatigue, chill and/ or reaction time and increased risk of an accident.

  • I specifically acknowledge that:
     
    1)      I am physically and mentally able to participate in the water sport activities which I am about to engage in and am not pregnant and/or under the influence of alcohol or narcotics, and/or carrying a fire arm without the required permit; and
     
    2)      I understand and agree to abide by the watercraft  operation instructions provided by the Rental Operation;
     
    Insofar as this contract is concerned, I specifically waive any defense that may arise as a result of any state or local law and/ or regulation or policy that may impact its enforceability.
     

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

  • In consideration of being allowed to participate in the above-described activities and/or use the facilities and/or equipment of the persons or entities listed below (henceforth referred to as “releases”), I hereby agree as follows:
     
    1)      To waive and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following releases.
     
    H20 Water Taxi - Company        
     
    2)      To release the releases and their officers, directors, employees, representatives, agents, volunteers, and vessels from any liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assignees may have for personal injury, property damage, or wrongful death arising from the above referenced activities, whether caused by active or passive negligence of the releases or otherwise, with the exception of gross negligence; and
     
    3)      To hold the releases harmless and indemnify them in conjunction with any injury or loss or life that may occur as a result of engaging in the above referenced activities.
     
    Accordingly, I hereby declare that I am over 21 years old and I am competent to sign this Agreement on my own behalf or on behalf of a Minor as their parent or legal guardian. I also declare that by entering in this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.

  • I have read this Agreement, understand it, and I agree to be bound by it.

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