The undersigned releaser is desirous to ride, fly on a Seaplane, as well as ride on our transfer boat to the seaplane and in order to be permitted to ride, fly and board our transfer boat he or she is willing to take upon his or her self, and release all others from, the full responsibility for any and all injuries, losses and damages which may occur to or be inflicted upon his or her self or his property, or the property or person of any other individual or entity, including the owner of such Seaplane, and the undersigned releaser fully understands that any permission to ride, fly, have been undertaken and permitted ONLY because of his or her willingness to waive and release the claims and rights mentioned in this document. In consideration of the permission granted to him or her to ride, fly and the boat ride thereto, the undersigned releaser unconditionally agrees as follows:
1. I understand and acknowledge that seaplane flying activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SEAPLANE FLYING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES.
2. I hereby RELEASE AND DISCHARGE Miami Seaplane Tours, Inc., Miami-Dade County, City of Miami, and their officer, directors, elected officials, agents, employees, instructors, pilots and owners of equipment and the land used for seaplane flying activities (hereinafter collectively referred to as "Released parties"), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries or damages arising out of my participation in seaplane flying activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
3. I acknowledge that seaplane flying is a recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in the activity of seaplane flying.
4. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or any other losses sustained as a result of my participation in seaplane flying activities.
5. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments, and costs, including attorneys' fees, incurred in connection with any action brought as a result of my participation in seaplane flying activities firms or corporations listed above from any and all damages to the person or property or any individual or entity, which arise out of his operation or attempted operation of the herein above mentioned seaplane. HE / SHE AGREES TO PAY IMMEDIATELY FOR ANY AND ALL ACCIDENTAL DAMAGES, INCLUDING ANY COURT COSTS AND/OR ATTORNEY FEES, IF INCURRED.
6. I further represent that this Release of Liability, Waiver of Legal Rights and Assumption of Risk shall continue in full force and effect for so long as I engage in Seaplane flying Activities which are in any way connected to or with the Released Parties.
7. I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child of whom I am (adult) legal guardian or I may suffer while engaging in seaplane flying activities and has executed this document on behalf of himself, his wife and the marital community which they comprise. The contents of this document shall be forever binding upon the releaser, his dependents, parents, or legal guardians, heirs, personal representatives and his estate.
8. I also hereby grant permission of Miami Seaplane Tours, Inc. to seek medical care in the event of accident, injury, or medical emergency at the closest medical facility, and for medical personnel to respond to such medical incident(s) for emergent care. I also agree to assume all costs, risks, liabilities connected with such care and release Miami Seaplane Tours, Inc. from such claims.
9. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the released Parties resulting from participation in seaplane flying activities including any claims by the negligence of the Released Parties by any of the undersigned.
DECLARATION OF FITNESS FOR SEAPLANE FLYING
I hereby DECLARE THAT I AM PHYSICALLY FIT. I DO NOT, AND HAVE NOT, SUFFERED FROM ANY OF THE FOLLOWING CONDITIONS, WHICH I MAY UNDERSTAND MAY LEAD TO A DANGEROUS SITUATION WITH REGARD TO OTHER PERSONS OR MYSELF DURING SEAPLANE FLYING ACTIVITIES. Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, or any condition that requires regular use of drugs. Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in the seaplane flying activity and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions. I hereby declare that I have no physical or mental conditions that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if any injury is sustained of any kind during the course of seaplane flying activities, I will notify the pilot immediately.
TERMS & CONDITIONS
Reservations are non-refundable. Reservations will be re-scheduled if a cancellation due to unsafe flying conditions, which includes but not limited to weather conditions, equipment malfunction or TFR, Temporary Flight Restrictions posted by FAA. Cancellations are only determined by Miami Seaplane Tours.
By signing this document, I hereby agree to all Miami Seaplane Tours Terms and conditions. I authorize the payment for all services rendered to me and/or my party and understand that all sales are final. I authorize Miami Seaplane Tours the use of my reviews, testimonials and pictures to be used for online or print advertising.
Today's Date: October 31, 2020