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PARTICIPANT RELEASE OF LIABILITY
ASSUMPTION OF RISK AGREEMENT
***READ BEFORE SIGNING***

Organization Name: ​Lagerheads Watersport LLC, Tours and Excursions / Key West HydroBikes / Sandbar Watersports ​(the "Host") K​ey West, Florida

Water Excursions, adventures, and aquatic activities including boat rides, wading, swimming, floating, being towed snorkeling, fishing and other adventure activities (herein referred to as “ACTIVITIES”). These ACTIVITIES are inherently dangerous and may result in property loss, illness, injury and death. In consideration of being allowed to participate in the ACTIVITIES, I AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS CONTRACT (herein referred to as “AGREEMENT”). On behalf of MYSELF, MY FAMILY, HEIRS, ASSIGNS, REPRESENTATIVES and all who may have a claim arising as a result of MY participation in the ACTIVITIES, (herein referred to as “ME”, “MY”, “MYSELF”, “I” and “PARTICIPANT”), I voluntarily enter into this AGREEMENT with Lagerheads Watersport LLC, Tours and Excursions / Key West HydroBikes / Sandbar Watersports, including but not limited to their owners, employees, agents, boats (owned, operated, leased or chartered), captains, crewmembers, volunteers, sponsors, insurers, business affiliates, and all other persons and entities associated with the ACTIVITIES, whether specifically named or not (herein referred to as the “RELEASED PARTIES”).

In consideration of being allowed to participate in any way in the program, related events and activities, and use of equipment, I the undersigned, acknowledge, appreciate, and agree that:

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.

2. ​I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS​, both known and unknown, ​EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES​ or others, and assume full responsibility for my participation.

3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, ​HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS​ the Host, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any ​INJURY, DISABILITY OR DEATH ​I may suffer, or loss or damage to person or property, ​WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE,​ to the fullest extent permitted by law.

ASSUMPTION OF RISKS: I understand I will be participating in boating and other adventure ACTIVITIES, including but not limited to ACTIVITIES on docks, getting on and off boats, moving around on boats, going up and down steps and ramps, entering and exiting the water, and on slippery and uneven surfaces, that expose ME to inherent dangers including but not limited to: unexpected movements, slipping, tripping, falling, motion sickness, fire, equipment failure, capsizing, sinking, grounding, abandonment, collision, wildlife bites and stings, panic, drowning, broken bones, overexertion, separation, dangerous environmental conditions, dangerous acts of others, getting hit by a boat and other perils of the sea. I understand the ACTIVITIES are conducted at remote locations that will delay emergency response and medical care. Nevertheless, I choose to participate in the ACTIVITIES, and I assume all risks associated with MY participation in the ACTIVITIES, whether the risk is foreseeable or not, and whether or not the risk is created by the RELEASED PARTIES. I agree to be solely responsible for MY health, safety and actions while participating in the ACTIVITIES. I understand and agree that I shall not participate in ACTIVITIES if I have or reasonably think I may have a communicable illness such as any strain of Coronavirus (COVID-19) or other infectious illness, and that I shall not hold the RELEASED PARTIES liable in the event I contract an infectious illness.

Alcohol consumption: Only PARTICIPANTS over 21 years of age may consume alcohol and only when done responsibly. I shall not possess or consume any illegal drugs during the ACTIVITIES. PARTICIPANT shall supply their own alcohol and shall not supply alcohol to anyone under 21 years of age. You may be required at the discretion of the crew to show a government issued photo ID proving your age prior to drinking alcohol. The owners, operators and crew shall not provide any alcohol to PARTICIPANTS. I understand and agree that alcohol consumption is explicitly at my own risk and liability and shall be at my own discretion unless instructed to refrain from alcohol consumption by the Captain. I understand and agree that the RELEASED PARTIES reserve the right to remove me if I become inebriated and misbehave or act in a manner to potentially cause harm to myself or others. If I am removed for any reason it is without refund or reimbursement. For the sake of clarity and to be read aloud in a court of law if necessary; I assume all risks and liabilities associated with drinking alcohol and explicitly agree to release, waive, indemnify and hold harmless the RELEASED PARTIES to the greatest extent allowed by law, for all liability from negligence by the RELEASED PARTIES resulting in property loss, illness, injury or death as a consequence of MY participating in the ACTIVITIES.

I will follow safe practices, maintain awareness and use good judgment, but I understand the risks of property loss, illness, injury and death cannot be completely eliminated. I will only participate in ACTIVITIES within MY ability, skill, experience and comfort level. MY participation in the ACTIVITIES is voluntary and I agree to refrain from participation and take appropriate actions for MY safety if I become aware of an unsafe condition or I do not feel well, willing, capable or competent to participate. I affirm that I am physically, medically and mentally fit to participate in the ACTIVITIES. I will not hold the RELEASED PARTIES responsible for any health condition that results in MY illness, injury or death. I release the RELEASED PARTIES for failure to rescue, provide proper emergency response, first-aid and/or medical care. I authorize the RELEASED PARTIES to provide ME first-aid if I become ill or injured. I agree to be solely responsible to pay all expenses associated with any emergency response, first-aid and medical care provided to ME, including emergency supplies and response provided by the RELEASED PARTIES.

RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICATION: I agree to forever release the RELEASED PARTIES from all liability arising as a result of property loss or damage, illness, injury and death due to any act or failure to act, including but not limited to negligence by anyone, including the RELEASED PARTIES. I understand this AGREEMENT is a complete and unconditional release of all liability of the RELEASED PARTIES to the greatest extent allowed by law. I agree to hold harmless and indemnify (pay all of the RELEASED PARTIES’ costs) for all claims and lawsuits arising from MY participation in the ACTIVITIES. I obligate MYSELF, and MY estate and family if I am deceased, to be fully responsible to pay all costs associated with any claims, lawsuits and/or judgments against the RELEASED PARTIES as a result of MY participation in the ACTIVITIES.

PARENTAL CONSENT

IN COMPLIANCE WITH FLORIDA STATUTES ALL PARTICIPANTS UNDER 18 YEARS OF AGE MUST HAVE A PARENT’S OR LEGAL GUARDIAN’S SIGNATURE AGREEING THAT THE PARTICIPANT AND PARENTS OR LEGAL GUARDIANS OF THE PARTICIPANT ARE LEGALLY BOUND BY THIS AGREEMENT.

NOTICE TO THE YOUTH’S PARENT OR LEGAL GUARDIAN

READ THIS AGREEMENT COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR YOUTH ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THE ACTIVITIES, THERE IS A CHANCE YOUR YOUTH MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES WHICH CANNOT BE COMPLETELY AVOIDED OR ELIMINATED. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP YOUR YOUTH’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR YOUTH OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE INHERENT IN THE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS AGREEMENT.


Health Statement

I will notify the Host ownership or employees if I suffer from any medical or health condition that may cause injury to myself, others, or may require emergency care during my participation.

Media Statement

By signing below, I hereby grant and convey to the Host all right, title and interest in and to record my name, image, voice, or statements including any and all photographic images and video or audio recordings made by the Host.

RECORDED IMAGES RELEASE: I hereby irrevocably consent to and authorize the use and reproduction by the RELEASED PARTIES, or anyone authorized by the RELEASED PARTIES, of any recordings, images, photographs and videos of ME while participating in the ACTIVITIES. All recordings, images, photographs and videos (including digital and print images), shall be property of the RELEASED PARTIES, and may be used for any purpose whatsoever without compensation to ME.

Venue

The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which the Host or its agents is a party shall be either the ​Town of [Key West], [Florida]​ Justice Court ,or the County or State Supreme Court in ​[Monroe County] ​County.

GOVERNING LAW AND SEVERABILITY: I agree that any legal action arising out of MY participation in the ACTIVITIES shall be governed by the Laws of the State of Florida, and the exclusive venue and jurisdiction for any legal action shall be the County in which the ACTIVITIES are conducted. If any portion of this AGREEMENT is found to be unenforceable or invalid, then that portion shall be removed, and the remainder shall continue in full legal force. I agree that a photocopy, fax copy or electronic completion, signature, confirmation or storage of this AGREEMENT shall have full legal force as if it was an original document.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Rental Equipment Agreement​, Waiver and Release of Liability (LHWS), Lagerheads Watersports/(KWHB), Key West HydroBikes/, (SBWS), Sandbar Watersports

Lagerheads Watersports Equipment Rental Agreement between (LHWS/KWHB/RRPB/SBWS) Lagerheads Watersports/Key West Hydrobikes/The Rum Runner Party Boat/Sandbar Watersports, Key West, Florida, herein called, “Lessor,” and the undersigned, herein called, “Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify LHWS/KWHB/RRPB/SBWS and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Renter’s use of Lagerheads Equipment, premises or facilities or Renter’s participation in Lagerheads watersports activities. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that I may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of LHWS/KWHB/RRPB/SBWS. Please initial each item and sign below to acknowledge acceptance of this agreement.

Renter shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting equipment from LHWP/KWHB/RRPB/SBWS. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental equipment from LHWS/KWHB/RRPB/SBWS.

Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.

Renter shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Lagerheads Watersports/Key West Hydrobikes//Sandbar Watersports) the full cost of repair or replacement. 

Renter shall return boats and equipment in the same condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental equipment require repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only. 

RECOGNITION OF RISK: Renter expressly acknowledges that watersports boating, and HydroBikes are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (Lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTAL BOATS AND EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make watersports Hydrobikes/Rum Runner/Sandbar Trips safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.  

RELEASE OF LIABILITY: Renter hereby RELEASES Lessor (Largerheads Watersports/Key West Hydrobikes/The Rum Runner Party Boat/Sandbar Watersportst), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of said boat and/or Equipment  

This agreement constitutes the entire agreement between Lessor and Renter and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Lessor to Renter, except as contained herein, and Lessor shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Lessor’s agent while using said boat(s) or Equipment. The laws of the State of Florida shall govern this agreement.  

Renter hereby is responsible for any damages or lost equipment and assumes financial obligation for charges to be made to (card used for bookings with fareharbor) for lost or damaged equipment. Any disputes for charges on your card for damages or lost equipment will be charged an additional $500 for time and staffing needed to submit evidence packages to credit card processor.  

Renter will return equipment at the specific time stated on agreement or will be charged for the amount of time that the equipment is used. No prorated time rounded to next hour. 

NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.

I have read and understand the above. I agree to the terms and conditions as stated.

Today's Date: April 21, 2024


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Date/Time returning:
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*

Phone*
Second Participant's Date of Birth*
Second Participant's Information

Date/Time returning:
Third Participant's Name

First Name*

Last Name*

Phone*
Third Participant's Date of Birth*
Third Participant's Information

Date/Time returning:
Fourth Participant's Name

First Name*

Last Name*

Phone*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Date/Time returning:
Fifth Participant's Name

First Name*

Last Name*

Phone*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Date/Time returning:
Sixth Participant's Name

First Name*

Last Name*

Phone*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Date/Time returning:
Seventh Participant's Name

First Name*

Last Name*

Phone*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Date/Time returning:
Eighth Participant's Name

First Name*

Last Name*

Phone*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Date/Time returning:
Ninth Participant's Name

First Name*

Last Name*

Phone*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Date/Time returning:
Tenth Participant's Name

First Name*

Last Name*

Phone*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Date/Time returning:
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.


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*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Date/Time returning:
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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