I, [Participant's Full Name Below], acknowledge and agree to the terms and conditions set forth in this Boat Charter Waiver ("Waiver") in consideration of being permitted to participate in a boat charter with Bruschi Boat Rental LLC and Altamar Trade LLC ("Charter Provider"). I understand that participating in a boat charter involves certain inherent risks and I voluntarily assume these risks.
1 Assumption of Risk:
I am aware that participating in a boat charter involves certain risks, including but not limited to, the following:
a. Inclement weather conditions, including strong winds, rain, storms, or hurricanes.
b. Rough water conditions that may cause the boat to rock or pitch.
c. Risk of falling overboard or accidents caused by uneven surfaces or tripping hazards.
d. Collisions with other vessels, objects, or marine wildlife.
e. Equipment failure or malfunction.
f. Risk of injury from slipping, tripping, or falling on the boat or its surroundings.
g. Sunburn, dehydration, and other effects of prolonged sun exposure.
h. Risks associated with swimming or snorkeling, including but not limited to, drowning, marine life encounters, or waterborne illnesses.
i. Other risks not specifically mentioned here.
2. Acknowledgement of Safety Guidelines:
I acknowledge that the Charter Provider has provided me with safety guidelines, rules, and instructions regarding the boat charter. I agree to abide by these guidelines, follow instructions provided by the Charter Provider and its crew, and to act responsibly at all times during the charter.
3. Release and Waiver of Liability:
In consideration of being permitted to participate in the boat charter, I hereby release, waive, discharge, and covenant not to sue Bruschi Boat Rental LLC, Altamar Trade LLC, their owners, employees, agents, and affiliates, from any and all claims, demands, actions, suits, costs, and expenses arising out of or in any way connected with my participation in the boat charter, including, but not limited to, personal injury, property damage, or wrongful death, whether caused by negligence, breach of contract, or otherwise.
I agree to indemnify, defend, and hold harmless Bruschi Boat Rental LLC, Altamar Trade LLC, their owners, employees, agents, and affiliates, from and against any and all claims, demands, actions, suits, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with my participation in the boat charter.
The Charterer has the option to obtain their own insurance coverage to protect themselves against such risks. If the Charterer chooses not to obtain insurance, they acknowledge and accept full responsibility for any personal injuries or property damage that may occur during the boat charter. It is recommended that the Charterer carefully considers the potential risks and consequences before deciding whether to obtain insurance coverage.
6. Governing Law and Jurisdiction:
This Waiver shall be governed by and construed in accordance with the laws of the State of Florida. Any dispute arising out of or in connection with this Waiver shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
By signing below, I acknowledge that I have read this Boat Charter Waiver, understand its contents, and agree to be bound by its terms.