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Eastern Marine Services Inc. T/A Eastern Watersports Waiver and Release Agreement

NOTE TO THE PARTICIPANT

Participation in any water related sport exposes the participant to certain risks and dangers. Accidents and injuries (both superficial and fatal) resulting from the forces of Mother Nature, boaters (both power and sail), malfunctioning equipment, unseen obstacles, fatigue, and your own misjudgment are a very real possibility.


Eastern Watersports considers safety to be its utmost concern and as such, its staff includes individuals trained in lifesaving, C.P.R., and First Aid. The nature of these sports, however, makes it impossible to foresee and protect the participant from all conceivable dangers associated with water and water sports. Once the participant leaves land and enters the water, be it a pool, lake, river, pond, stream, bay, ocean or other body of water, he/she must be prepared to assume all risks associated therewith.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION &


BINDING ARBITRATION AGREEMENT

NOTICE TO PARTICIPANT: By initialing each provision and signing this Agreement, you may be waiving certain legal rights, including the right to sue.

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

In consideration for being allowed to use the facilities, vessels, and equipment, and to participate in operating personal watercraft and other activities (collectively, “the Activities”), provided by Eastern Watersports LLC and Eastern Marine Services, Inc. T/A Eastern Watersports (“the Host”), having its principal place of business at 1923 Old Eastern Ave, Baltimore, MD 21221, the Participant hereby agrees, to the fullest extent permitted by law, as follows:

  1.  

    TO WAIVE ALL CLAIMS that he/she has or may have against the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, arising out of the inherent risks of the Participant’s participation in the Activities and/or the use of any vessels and equipment provided by the Host (collectively, “the Equipment”), including while the Participant is receiving instruction and/or training from the Host. As used herein, the term “Equipment” shall include, but not be limited to, personal watercraft;

  2. TO ASSUME ALL RISKS of participating in the Activities and using the Equipment. The Participant understands that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death. The Participant further assumes all risk of any illness, including, but not limited to, known or unknown infectious and/or contagious diseases, known or unknown epidemics and/or pandemics, or known or unknown intentional and/or negligent failure to quarantine without regard to declarations made or not made by federal and/or local authorities;

  3. TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, insurers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, attorneys fees and costs, or any other expense forming the basis for a claim and/or cause of action that the Participant (or his/her next of kin) may suffer arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant specifically understands that he/she is releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and

  4. TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, insurers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, attorneys fees and costs, or any other expense that the Participant (or his/her next of kin) may suffer arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
  5. Photography/Video Release

    The Participant hereby grants to the Host, and its representatives and employees, the right to take photographs and/or videos of the Participant in connection with the Participant’s participation in the Activities and/or use of the Equipment. The Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. The Participant hereby agrees that the Host may use such photographs of the Participant for any lawful purpose, including, but not limited to, publicity, illustration, advertising, and internet content.
  6. Personal Responsibility

    The Participant certifies that he/she has no physical or mental condition, including pregnancy, that precludes him/her from participating in the Activities and/or using the Equipment, and that he/she is not participating in the Activities and/or using the Equipment against medical advice.

  7. The Participant understands that his/her participation in the Activities and/or use of the Equipment is recreational and voluntary, and further understands that he/she can inspect the Equipment and the Host’s facilities before participating in the Activities and/or using the Equipment. The Participant acknowledges a duty of self-care and that he/she is responsible for understanding all instruction and/or training provided by the Host by asking questions as needed.

  8. The Participant understands that he/she is obligated to follow the rules of participating in the Activities and/or using the Equipment, and that the Participant can minimize his/her risk of injury by following those rules, exercising common sense, and being aware of his/her surroundings.

  9. If, while participating in the Activities and/or using the Equipment, the Participant observes any unusual hazard or condition which the Participant believes jeopardizes his/her personal safety, or that of others, the Participant will remove himself/herself from participation in the Activities and/or the use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
  10. Binding Arbitration
    NOTICE TO PARTICIPANT: By initialing this Binding Arbitration provision and signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.

    Any dispute or claim arising out of or relating to this Agreement, breach thereof, the premises, the facilities, the Activities, the Equipment, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement shall be brought in the venue where the defendant/respondent is located by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding, confidential, and private arbitration before a single arbitrator administered by JAMS pursuant to its rule 16.1 Expedited Arbitration Rules and Procedures, in effect at the time the demand for arbitration is filed. If no JAMS office is located within 100 miles of the defendant/respondent, the parties shall work collectively to select and utilize a similar and mutually agreeable arbitration provider. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim by either party, and the arbitrator shall have no authority to award punitive or exemplary damages. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This Agreement shall be governed by, construed, and interpreted in accordance with, the laws of the State of Maryland, without regard to “choice of law” principles. Notwithstanding the provision with respect to the applicable substantive law, arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.

  11. I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and Policy On Consumer Minimum Standards Of Procedural Fairness.
  12. I hereby affirm that I have been well advised and thoroughly informed of the inherent dangers of Paddle Boarding, Kayaking, Swimming, Snorkeling, Sailing, Jet Skiing, Windsurfing, and SCUBA Diving.
  13. I hereby agree to indemnify and hold harmless Eastern Watersports LLC, Eastern Marine Services Inc. T/A Eastern Watersports, PADI, State of Maryland, Department of Natural Resources, Baltimore County Government, and any other related organization and all staff of the same, from any and all liability for any harm, injury, illness, death, or damages (physical, mental, or monetary), regardless of fault or negligence, which may befall me while participating in this program or while using any facilities related to my participation in this event. This release shall be binding upon my family, heirs, and administrators.
  14. The undersigned hereby certifies that the participant (be it one’s self or dependent) is a proficient swimmer and agrees for the participant to be tested by Eastern Watersports LLC or Eastern Marine Services Inc. T/A Eastern Watersports staff to determine the participants level of swimming proficiency if requested. Participant agrees to wear life jacket AT ALL TIMES. NO EXCEPTIONS.
  15. PROTECTIVE WETSUIT REFUSAL AGREEMENT - I, for myself, and/or on behalf of my child or legal ward, have been fully warned and advised by Eastern Watersports LLC and Eastern Marine Services Inc. T/A Eastern Watersports, having its principal place of business at 1923 Old Eastern Ave, Baltimore, MD 21221, that we should wear properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around Wave Runners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that, by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I may be subject to injury from this activity and that no form of preplanning can remove all danger. Against the advice of the Host, we are declining this critical safety precaution. I hereby acknowledge:

  16. I have signed the Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement for myself; and/or

  17. I have signed the Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement on behalf of the minor(s) named below; and

  18. The Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement is incorporated in its entirety into this Protective Wetsuit Refusal Agreement for me and/or the minor(s) named below; and

  19. I, the undersigned, have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks. I have actual authority to sign this document for myself and/or on behalf of the minor(s) listed.
  20. I acknowledge that I will be responsible for the equipment, including, but not limited to, kayaks, paddle boards, catamarans, bicycles, and jet skis from the point of departure until the point of return. Any damage that occurs to equipment while I am using it, is my responsibility and I will be held liable for any damages exceeding my security deposit as well. I will be responsible for any ticketing or fines that may occur while using the equipment. I acknowledge that I am responsible for my own wake.
  21. I hereby agree to heed at all times the advice and instructions of Eastern Marine Services Inc. T/A Eastern Watersports staff and to practice common sense water safety procedures.
  22. The undersigned also agrees to hold harmless and waive any and all claims against any and all facilities in which these activities may take place including but not limited to Merritt Athletic Clubs, Hillcrest Swim Club, 2402 Hillcrest Road LLC, The Chesapeake Experience, or its agents and employees.
  23. To the extent provided by Maryland Law, I also freely and voluntarily waive all claims for damages or loss to my person or property, or the person or property of third parties, that may be caused by an act, or failure to act, of Eastern Marine Services Inc. T/A Eastern Watersports, representatives of the same, the State of Maryland or its agents and employees, and release the Eastern Marine Services Inc. T/A Eastern Watersports and the State of Maryland from any and all claims.

In consideration for my participation in this event and my participation in all future events with Eastern Watersports LLC and Eastern Marine Services Inc T/A Eastern Watersports, I hereby sign and certify that I understand and agree to all of the above and that it is correct to the best of my knowledge.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

Today's Date: June 1, 2025

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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