WAIVER, RELEASE OF LIABILITY, INDEMNITY, AND EXPRESS ASSUMPTION OF RISK READ THIS DOCUMENT CAREFULLY. THIS WAIVER, RELEASE OF LIABILITY, INDEMNITY, AND EXPRESS ASSUMPTION OF RISK (the “Agreement”) CONTAINS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. Do not execute this Agreement unless you have carefully read it in its entirety and understand its contents. 1. This Agreement is made and entered into as of the date of the execution of this Agreement by and between Lightly Salted Charters, LLC, a Florida limited liability company and the participant, who is executing this Agreement personally, and on behalf of himself or herself and any and all minor children specified herein below (collectively “the Participant”). 2. Voluntary Participation and Assumption of the Risk. Participant acknowledges and agrees that Lightly Salted Charters, LLC operates a charter boat company, offering ocean excursions such as snorkeling, fishing, swimming, and boating. The Participant acknowledges and agrees that there are inherent risks involved with snorkeling, fishing, swimming, and boating that could result in physical or emotional injury, paralysis, death or damage to persons or property, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water, boarding or disembarking the boats, and activities on the docks. The Participant acknowledges that by voluntarily participating in the activities offered by Lightly Salted Charters, LLC, the Participant accepts and assumes all risk, whether known or unknown, or whether they are caused in whole or in part by the negligence, strict liability, or other acts or omission of Lightly Salted Charters, LLC or any of its affiliated organizations, members, managers, officers, employees, servants, agents, crew members, or assistants, volunteers, or their representatives, successors, assigns, heirs, personal representatives, administrators and executors. 3. Release.In consideration of being permitted to participate in the activities offered by Lightly Salted Charters, LLC, the Participant and his/her/their personal representatives, heirs, executors, and administrators release, waive, discharge and covenant not to sue Lightly Salted Charters, LLC, its members, managers, directors, officers, employees, servants, agents, crew members, or assistants, volunteers, or their representatives, successors, assigns, heirs, personal representatives, administrators and executors. Participant agrees not to hold any of the above named parties liable for any and all actions, claims, causes of action, demands, or expenses for damages or claims, whether asserted or un-asserted, known or unknown, foreseen or unforeseen in any way related to arising out of the participation in activities offered by Lightly Salted Charters, LLC, including, but without limitation, any claim for bodily, personal, economic, emotional or mental injuries, known or unknown, unseaworthiness, product liability, death or property damage resulting or arising from an accident or event which may occur while participating in any way, using any equipment or facility of Lightly Salted Charters, LLC, to the greatest extent allowed by law. 4. Future Damages. Inasmuch as the injuries, damages, and losses that may result from the Participant’s participation in the activities offered by Lightly Salted Charters, LLC, may not be fully known and may be more numerous or more serious than is now understood or expected, the Participant agrees, as further consideration of this Agreement, that this Agreement applies to all injuries, damages, and losses that may result although now unanticipated, unexpected, and unknown, as well as any and all injuries, damages, and losses which may immediately develop and become known or anticipated. 5. Indemnification. Participant expressly agrees to indemnify, defend, save and hold harmless Lightly Salted Charters, LLC, its members, managers, directors, officers, employees, servants, agents, crew members, or assistants, volunteers, or their representatives, successors, assigns, heirs, personal representatives, administrators and executors from any and all claims, demands, judgments, actions, and causes of action, including attorney’s fees and costs, of any and every type, kind, and nature including, without limitation, claims of negligence, strict liability, or liability for any other act or omission, as a result of the Participant(s)’ voluntary participation in the activities offered by Lightly Salted Charters, LLC, and from all actions incidental thereto. 6. Fitness to Participate. Participant hereby expressly represents that he/she/they are in good health and proper physical condition to participate in the activities offered by Lightly Salted Charters, LLC. Participant agrees that if Participant participates in a water snorkeling activity, that Participant can swim and has the skills necessary to snorkel in the open ocean with no assistance. If Participant cannot swim, Participant agrees to remain on the boat at all times. Participant further represents there is no (a) physical, mental, or cognitive disabilities, ailments, or impairments that may affect the ability to participate in the activities and (b) Participant assumes sole and full responsibility for determining the sufficiency of Participant’s health, fitness, and ability to utilize participate in any activities offered by Lightly Salted Charters, LLC. 7. Acknowledgement of the Rules. Participant represents that Participant has read, understand and expressly agree to follow all rules of Lightly Salted Charters, LLC including any instructions of the captain and crew members. 8. Interpretation, Severability and Choice of Law. Participant expressly agrees that the waiver, release of liability, indemnification, and express assumption of risk in this Agreement are intended to be as broad and inclusive as permitted by applicable law. If any portion of this Agreement is held invalid, it is agreed that the remainder of this Agreement shall continue in full legal force and effect. I further agree that any action, suit or proceeding arising out of or relating to this Agreement or my participation in any activities offered by Lightly Salted Charters, LLC, must be brought in the state or federal courts located in Monroe County, Florida. Participant voluntarily and irrevocably submits to personal jurisdiction in the State of Florida. Participant also acknowledges that Lightly Salted Charters, LLC cannot be responsible for wind and weather conditions, the conditions on or under the sea, or incompatibility of crew members on any boats. Participant further releases Lightly Salted Charters, LLC and all of the above listed parties from any claim whatsoever on account of first aid, treatment or services rendered by them. 9. Video, Photo, and Image Release.Participant irrevocably grants Lightly Salted Charter, LLC the right to use all or a portion of an image or video of Participant and Participant’s name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS. PARTICIPANT RELEASES LIGHTLY SALTED CHARTERS, LLC, FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT. 10. Subsequent Activities. Participant agrees that this Agreement shall apply with equal force and effect to Participant’s present, and future participation in activities offered by Lightly Salted Charters, LLC.
Today's Date: December 27, 2024
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