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ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY

CZJZ ADVENTURES, LLC

dba DESTIN BAY HOPPER

P.O. BOX 282

FORT WALTON BEACH, FLORIDA 32549

I, THE UNDERSIGNED, UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE CZJZ ADVENTURES, LLC, dba DESTIN BAY HOPPER, THEIR PREDECESSORS, SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES OR AFFILIATED ENTITIES, RELATED COMPANIES OR OPERATIONS, PAST, PRESENT OR FUTURE AND/OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, FORMER EMPLOYEES, INSURERS, AND ANY AGENTS OF ANY OF THE FOREGOING (HEREINAFTER CALLED “RELEASED PARTIES” AND/OR “ACTIVITY SPONSOR”) AND TO HOLD THESE INDIVIDUALS AND/OR ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.

Additionally, THE UNDERSIGNED (herein called “Responsible Party” or “you”) provides this Acknowledgment of Risk as a requirement before engaging in recreational activities described generally as boat rides in and around Destin Harbor (the “Activity”) offered by CZJZ Adventures, LLC, dba Destin Bay Hopper, having an address of P.O. Box 282, Fort Walton Beach, Florida, 32549 (the “Activity Sponsor”), which is an independent recreational activities operator not affiliated with or related to Claude Perry Enterprises, LLC or its affiliates (“Resort”) or Marler Harbor Property, LLC or its affiliates (the “Perry Parties”).

As the Responsible Party, you are responsible for yourself and/or as the parent or legal guardian of the minor children named below, who intend to participate in the Activity. You acknowledge that the Activity Sponsor is the sole owner, operator and sponsor of the Activity, and that Resort and the Perry Parties are not affiliated with the Activity Sponsor and do not endorse the Activity. Offering of the Activity from the Activity Sponsor’s Boat Slip located at the property in no way associates the Activity Sponsor or the Activity with the Perry Parties.

ON YOUR OWN BEHALF, AND ON BEHALF OF THE MINOR CHILDREN NAMED BELOW, YOU HEREBY WAIVE AND RELEASE THE PERRY PROPERTIES, THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEE ATTORNEYS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, OR ASSIGNS, FROM ANY CLAIM THAT YOU OR THE MINOR CHILDREN NAMED BELOW, OR YOUR RESPECTIVE HEIRS OR PERSONAL REPRESENTATIVES, MAY HAVE RELATING TO DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, ASSOCIATED WITH PARTICIPATION IN THE ACTIVITY.

This Acknowledgment of Risk will be interpreted in accordance with the laws of the State of Florida without giving effect to its conflict of law principles. Venue for any proceeding relating to this document will lie solely in Okaloosa County, Florida. If for any reason you or any minor child named below asserts a claim against the Perry Parties on the basis of alleged loss of property or personal injury related to participation in the Activity, the prevailing party in such claim will be entitled to recover its attorney’s fees and costs from the non-prevailing party.

As the Responsible Party, I, the UNDERSIGNED, agree to exempt and release the Released Parties from any acts or omissions giving rise to any claim in exchange for the opportunity to participate in the Activity. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING AND BOATING, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures and wildlife, including bites and/or stings, acts of fellow passengers or individuals, entering and exiting the water, boarding or disembarking the boats, and all activities on the docks and I HEREBY ASSUME SUCH RISKS.

I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY, AND FOR THE SAFETY OF MY MINOR CHILDREN, IF ANY, AND AGREE TO DO SO.

I assert that I, and/or my minor children, am/are physically fit to snorkel, swim and ride on a boat and I will not hold the Released Parties responsible if I or my minor children am/are injured as a result of ANY problems, medical, accidental, or otherwise, which occur while snorkeling, swimming or entering and exiting and/or riding on the boat, or otherwise participating in the Activity.

I fully understand that the boat involved has limited medical provisions and that in the event of illness or injury, appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.

I understand the boat captain and/or crew members have made no representations, express or implied, that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress and/or call for aid, I will not hold the Released Parties, their crew, charter boats, or passengers responsible for their actions in attempting the performance of rescue or first aid.

BY SIGNING THIS DOCUMENT, IT IS MY INTENTION TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES AND INDIVIDUALS HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SNORKELING, SWIMMING AND BOATING ACTIVIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.

I have carefully read this document in its entirety, fully understand its contents, and agree to the terms and conditions herein. I understand and agree that this document constitutes the final and entire agreement between the Released Parties and me, and that the agreement applies to me, as well as my current, former and future heirs, spouses, assigns, executors, administrators, agents, and attorneys. The Released Parties have made NO WARRANTIES, express or implied, which extend beyond the description of the activity listed herein. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING AGREEMENT.

I have read this agreement, am aware that it is an acknowledgement of risk and a contract between myself and the Released Parties in exchange for the opportunity to participate in the Activity. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.


Today's Date: May 2, 2025

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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.


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