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Eco Endeavors Release of Liability Waiver

 

I agree that I am physically and mentally able to safely participate in the excursion including the ability to enter/exit the vessel under my own power. 

I Agree

I agree to follow ALL instructions and placards in regards to the safe operation of the vessel for the duration of the excursion. 

I Agree

I agree this is a voluntary experience and that I have the right to inspect the equipment prior to use and can remove myself from participation if I feel the equipment or operation may jeopardize my personal safety or that of others. I also agree to immediately bring said hazard to the attention of the Captain. 

I Agree

I understand and agree that this is an ADVENTURE EXCURSION that has associated risk, including but not limited to: weather, sea conditions, entering and exiting a vessel on uneven surfaces, and I am voluntarily accepting such hazards as part of the adventure experience. 

I Agree

I accept all responsibility for the minors associated with me and my party. 

I Agree

 

Personal Responsibility: 

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

The Participant understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment and facilities before any participation. 

The Participant understands that he/she is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. 

If, while participating in the Activities, the participant observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Activities and immediately bring said hazard to condition to the attention of the Host. 

I, (Parent/natural guardian), herby agree that I will explain to my child that the risk of injury while participating in the Activities and using the Equipment, can be reduced by following the rules and through the use of common sense and good judgment.

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

In consideration of being allowed to use the facilities and participate in this boat excursion, including shelling, stand up paddle boards, and other activities (collectively the “Activities”) provided by Eco Endeavors Expeditions L.L.C. dba Eco Endeavors (the “Host”), the Participant and the Participant’s parents(s) or natural guardian(s) do herby agree, to the fullest extent permitted by law, as follows: 

TO WAIVE ALL CLAIMS that he/she has or may have against the Host arising out of the Participants participation in the Activities of the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training; 
TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the NEGLIGENT acts of conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. 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. 
TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or 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. 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 obligations, 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
TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractural indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. 

Assumption of Risk, Release of Liability, Waiver of Claims Agreement for Minor Participant: 

In consideration of being allowed to use the facilities and participate in this boat excursion, including shelling, stand up paddle boards, tubing and other activities (collectively the “Activities”) provided by Eco Endeavors Expeditions L.L.C. dba Eco Endeavors (the “Host”), the Participant and the Participant’s parents(s) or natural guardian(s) do herby agree, to the fullest extent permitted by law, as follows:

TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, agents, and/or any entity to which the Host owes a contractual indemnification obligation, arising out the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”); 
TO Assume all risks inherent in participating in the Activities and using the Equipment; and
To Release the Host, its owners, affiliates employees, agents, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or his/her parent(s) or natural guardian(s)] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment. 

Notice to minor child's gaurdian: 

Read this form completely and Carefully. You are agreeing to let your minor child engage in a potentially dangerous activity. You are agreeing that, Even if Eco Endeavors Expeditions L.L.C. DBA Eco Endeavors uses reasonable care in providing this activity, there is a chance your child may be seriously injured or killed by participating in this activity because there are certain dangers inherent in the activity which cannot be avoided or eliminated. By signing the form you are giving up your child’s right and your right to recover from Eco Endeavors Expeditions L.L.C. dba Eco Endeavors in a lawsuit for any personal injury, including death, to your child or any property damage that results from the risks that are a natural part of the activity. You have the right to refuse to sign this form and Eco Endeavors Expeditions L.L.C. dba Eco Endeavors has the right to refuse to let your child participate if you do not sign this form. 

Binding Arbitration: 

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in maritime law pertaining to commercial water sports and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

Photography/Video Release:

Participant hereby grants to the Host, it representatives and employees the right to take PHOTOGRAPHS/VIDEOS OF PARTICIPANT in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising and web content.

To the extent that any portion of the Agreement is deemed to be invalid under the law of 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 certify that I have read this document and I fully understand its content. I am aware that this is a release of liability and a contract. I am aware the by accepting this agreement I may be waiving certain legal rights, including the right to sue. 

You have the right to refuse to accept this form and Eco Endeavors Expeditions L.L.C. DBA Eco Endeavors has the right to refuse to let you and/or your child participate if you do not accept this form.

You understand that by participating in this excursion you AGREE to the terms and conditions outlined above in this waiver. 

I Agree

April 19, 2024

Eco Endeavors Expeditions L.L.C.

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

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

Email*

Confirm Email*
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*

Relationship*
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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