ACKNOWLEDGMENT AND ASSUMPTION OF
RISK AND RELEASE OF LIABILITY AGREEMENT
In consideration of being to participate in boat rentals and in water sport events and activities, specifically including paddle boating, boat tour, swimming, jet skiing and parasailing, and/or being provided with water sport recreational property or services, for myself and any minor children for whom I am parent, legal guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns.
1. Acknowledgement of Risks
I acknowledgment that some, but not all, of the risk of participating in the water sport activity include:
a)Changing water flow, tides, currents, wave action and ships wakes;
b)Collision with any of the following: other participants, the watercraft, other watercraft, and man-made or Natural objects;
c)Wind shear, inclement weather, lightning, variance and extremes of wind, weather, and temperature;
d)My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions;
e)Collision, capsizing, sinking, or other hazards, which result in wetness, injury, exposure to the elements, Hypothermia, and/or drowning;
f)The presence of insects and marine life forms;
g)Equipment failure or operator error;
h)Heat or sun-related injuries or illnesses, including sunburn, sunstroke, or dehydration;
chill and/or dizziness which may diminish my/our reaction time and increase the risk of an accident
2. Express Assumption of Risk and Responsibility
I agree to assume responsibility for all the risks of the activity, wether identified above or not. (even those rights arising out of the negligence to the release named below). My/our participation in the activity is purely voluntary. I assume full responsibility for myself and my minor children for whom I am responsible for any bodily injury, accident, illness, paralysis,
death, loss of personal property, and expenses thereof as a result of any accident which may occur while I/we participate in the activity (even if caused, in whole or in part, by the negligence of the release named and regardless of who is at fault)
I hereby release, Boat Miami Beach (the leaser), agents, employers and volunteers, their insurers and each and every landowner, municipal and/or governmental agency upon whose property an activity is conducted (owner) and their insurers, if any. (Collectively-Release)
from any and all injury or damage, including death) to be named Release and other persons as a result of my/our participation in the activity. Even if caused in whole or in part by the negligence of the Release named above.
I HAVE READ THIS ASSUMPTION AND ACKNOLEDGMENT OR RISKS AND RELEASES OF LIABILITY AGREEMENT. I UNDERSTAND THAT BY MY SIGNATURE ON THIS DOCUMENT, I AM WAIVING MY RIGHTS, INCLUDING ANY RIGHTS I MAY HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.