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IN  CONSIDERATION of the undersigned’s rental of equipment from, and/or participation in certain activities provided by, TKS Concession, LLC (DBA TKS Miami Watersports) including without limitation, tours and lessons (any and all such activities, hereinafter the “activities”), the undersigned and, if applicable, the parent(s), spouse and/or guardian(s) of the undersigned, jointly and severally, and intending to legally bind themselves, and on behalf of their respective spouses, parents, heirs, executors, estates, legal and personal representatives, beneficiaries, administrators, successors and assigns (all of the forgoing, collectively “Releasors”), do hereby full waive, release and discharge, and covenant not to sue, TKS Concessions LLC (DBA TKS Miami Watersports) BeachlifeLLC (DBA TKSMIAMI) and Boucher Brothers Miami Beach, LLC, and the governmental or private entity upon whose property the activities are to be conducted and their respective, affiliates, officers, directors, members, managers, employees, staff, agents, successors and assigns,  (collectively, “Releasees”) from any and all liability and/or claims of illness, injuries, death, shock, paralysis, allergic reactions, and/or damages that may arise directly or indirectly as a result of undersigned’s use of rental equipment or participation in the activities, including, without limitation, any rights, claims, causes of action, suits, liabilities, negligence, gross negligence, conditions of the premises, weather or water conditions, damages, personal injury, death, loss of consortium, costs and expenses whatsoever, whether arising at law or in equity, or under any local, state or federal law or regulation, and whether caused by the sole or joint negligence or tortious or other act or omission of the Releasees or any of them or any third party (collectively, the “Claims”). The Releasors hereby agree to indemnify and hold the Releasees harmless from all such Claims. The Releasors acknowledge that the terms of this Release and Waiver are contractual and not a mere recital. The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule or common law which may limit the scope of the covenants and releases contained herein. 

The Releasees are fully aware, understand fully and assume the risks involved in the activities including, without limitation, the following: weather or water conditions; that there may be rip tides, wind shears, lightning, wave action, currents, water spouts and other acts of God and force majeure events, as well as equipment failure, operator error, collisions, capsizing, sinking, exposure to elements, hypothermia, drowning and other hazards; that Releasors are not Lifeguards, water safety instructors and otherwise have no experience or expertise that would assist the undersigned in the event that the undersigned experiences trouble while in the water, operating the equipment or otherwise participating in the activities; that there are hazards, known and unknown, that may exist and which could injure or kill the undersigned including, without limitation, marine fauna and flora, sharks, barracuda, sting rays, jelly fish, obstructions, floating or submerged objects, glass, and other objects; that other Hotel guests, members of the public and other operators of equipment may act irresponsibly, engage in unsafe conduct or to the detriment of the health and wellbeing of the undersigned; That Releasees are not the manufacturers of the equipment; that equipment can malfunction, breakdown and otherwise not work properly; that any of the foregoing could result in death or bodily injury to the undersigned and, in each instance, the Releasors and each of them voluntarily and knowingly assume all such risks and waive, release and discharge, and covenant not to sue, the Releasees or any of them with respect to any Claims or other hazards set forth above with respect thereto. 

The Releasors further acknowledge and agree that the undersigned has and without compulsion or compensation or reliance on any representation of any kind whatsoever by the Releasees or others voluntarily decided to rent the equipment and/or participate in the activities and to assume full, sole and complete responsibility for, and risks of, death, bodily injury, property damage and the other risks and hazards described herein resulting from, in connection with, or in any way related to, undersigned’s participation in the activities and to waive and release the Claims and other hazards set forth above as provided herein. 

The Releasors, and each of them, hereby agree that they will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding  of any kind whatsoever, by way of action, defense, set-off, cross-complaint, counterclaim or third party action, against the Releasees, or any of them, based on, relating to, or arising out of, or in connection with any Claims or other hazards set forth above.

By their execution below, understanding that the Releasees are relying hereon in allowing undersigned to rent the equipment and otherwise participate in the activities, the Releasor hereby represent and warrant to the Releasees, that (i) the undersigned is at least 18 years or, if not, that his/her living parents and/or legal guardian(s) have duly signed this Release and Waiver, (ii) the undersigned is not married or, if married, that his/her spouse has duly signed this Release and Waiver, if available (iii) the undersigned has no physical, mental or other medical condition, disease or injury which would or could impact on the Releasees allowing undersigned to rent the equipment or would be aggravated by such operation or activities, (v) the undersigned is not under the influence of alcohol or drugs; and (vi) the undersigned understands applicable boating laws and right of way. The undersigned further agrees that, in connection with any water activities, the undersigned will wear a U.S. Coast Guard approved personal flotation device or life jacket (PFD).

In the event of any legal or administrative action, mediation or arbitration proceeding, is brought by the undersigned, the releasors or any of them, or on their behalf, the releasors agree that they (1) shall be responsible for all costs and expenses thereof incurred by them or any of the releasees (including, without limitation, attorneys' fees and expenses); (2) hereby irrevocably submit to the exclusive jurisdiction is not available therein, the jurisdiction of any court located in Miami-Dade county, Florida, and waive all other jurisdictions and any and all objections to such jurisdiction or venue that they may have under the laws of any state or country, including, without limitation, any argument that jurisdiction, situs and/or venue are inconvenient or otherwise improper; and (3) the laws of the state of Florida shall govern without regard to conflicts of law principles thereunder. 

CANCELATION OR RESCHEDULE POLICY

TKS Miami Watersports does not offer refunds towards purchased activities. Customer will forfeit 50% of activity if cancelled outside of the below guidelines:

  • Customer must notify TKS Miami Watersports of Cancelation 24 Hr prior to the scheduled activities. 
    I Agree
  • Customer does not show up at the scheduled time.
    I Agree
  • Customer shows up 1 hour or more after the scheduled time.
    I Agree

TKS Miami Watersports reserves the rights to re schedule activities based on the follwoing reasons:

  • Scheduled activities cannot be performed due to weather limitations, incuding non otpimal wind speed, rain and lightning, non optimal wind direction, tides, Lifeguard department required.  
  1. Optimal wind speed: Lessons require at least wind speed of 15 mph and a max wind speed of 25 mph. This means that lessons cannot be performed if winds are less than 15 mph or if winds are in excess of 25 mph. In this case lesson would be reschduled at no extra cost.
    I Agree
  2. Optimal wind direction: Lessons require wind direction from the North, North east, East, South east, and South. This means that lessoons cannot be perfromed if wind direction is from the North west, West, or South west. In this case lesson would be reschduled at no extra cost.
    I Agree
  3. Tides: Depending on the season of the year tides fluctuate and in some instances Tides could be too high for instructors to perfrom a safe lesson. In this case lesson would be reschduled at no extra cost.
    I Agree

Each of the releasors attests that they have read this release and waiver in its entirety and have provided true and complete information. 

Parent(s) and/or Guardian (if Undersigned is under Age 18 MUST be signed by both parents (if living) and/or Guardian or if only one Parent is available such Parent is signing on behalf of the other Parent.

 

 

First Students Name

First Name*

Middle Name

Last Name*

Phone*
First Students Date of Birth*
First Students Signature*
Second Students Name

First Name*

Middle Name

Last Name*
Second Students Date of Birth*
Third Students Name

First Name*

Middle Name

Last Name*
Third Students Date of Birth*
Fourth Students Name

First Name*

Middle Name

Last Name*
Fourth Students Date of Birth*
Fifth Students Name

First Name*

Middle Name

Last Name*
Fifth Students Date of Birth*
Sixth Students Name

First Name*

Middle Name

Last Name*
Sixth Students Date of Birth*
Seventh Students Name

First Name*

Middle Name

Last Name*
Seventh Students Date of Birth*
Eighth Students Name

First Name*

Middle Name

Last Name*
Eighth Students Date of Birth*
Ninth Students Name

First Name*

Middle Name

Last Name*
Ninth Students Date of Birth*
Tenth Students Name

First Name*

Middle Name

Last Name*
Tenth Students Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's 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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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