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Scuppers Watersports



Swimming, Snorkeling and Boat Passenger Release of Liability, Express Assumption of Risk, Waiver of Claims, and Indemnification Agreement

I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS SWIMMING, SNORKELING, AND BOAT PASSENGER RELEASE OF LIABILITY, EXPRESS ASSUMMPTION OF RISK, WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT (THE "AGREEMENT") IS TO EXPEMPT AND RELEASE SCUPPERS WATERSPORTS LLC, THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATICES, AFFILIATES, SUBSIDIARIES, AFFILIATED ENTITIES, ASSOCIATED PERSONNEL, AND THEIR VESSEL (WEATHER OWNED, OPERATED, LEASED, OR CHARTERED BY SCUPPERS WATERSPORTS LLC), HEREINAFTER REFERRED TO AS "RELEASED PARTIES"), AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING PARAGRAPHS 1 THROUGH 8. THIS AGREEMENT SHALL SPECIFICALLY INCLUDE, ACTS OR OMISSIONS ON THE PART OF THE RELEASED PARTIES, AS WELL AS GENERAL NEGLIGENCE BY ANY SUCH RELEASED PARTIES.

  1. I SO HEREBY AFFIRM AND ACKNOWLEDGE THAT I UNDERSTAND AND AM FULLY AWARE  THAT THERE ARE INHERENT HAZARDS AND RISKS INVOLVED WITH SWIMMING, SNORKELING AND BOATING, AND THE RELATED ACTIVITIES IN WHICH I AM ABOUT TO ENGAGE, including but not limited to: hazards associated with being in or near the water, including drowning or electrocution, hazards associated with equipment failure and the presence of heavy equipment and machinery, perils of the sea, changing weather conditions, lightning, weather related injuries or illnesses, including sunburn, sun stroke or heat stroke, hypothermia, and dehydration, harm caused by marine creatures (including bites), harm caused by bacteria and viruses, acts of fellow participants, hazards associated with entering and exiting the water, boarding and disembarking vessels, hazards associated with moving and non-moving docks and uneven and/or slippery surfaces, hazards associated with heights, and hazards associated with other vessels in the area, including collisions or allisions, and being struck by a vessel or any of its parts and appurtenances, including but not limited to, the propellors, and I HEREBY ASSUME SUCH RISKS.
  2. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
  3. I assert that I am physically fit to swim, snorkel and ride on a vessel and I will not hold the RELEASED PARTIES responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while swimming, snorkeling, riding on the vessel, or otherwise participating in the trip and activities associated with the trip.
  4. If I become distressed while in the water, I will immediately notify the crew and ask for assistance.
  5. I fully understand that the involved vessel has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
  6. The RELEASED PARTIES have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the RELEASED PARTIES, their crew, vessels or passengers responsible for their actions in attempting the performance or rescue or first aid.
  7. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SWIMMING, SNORKELING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
  8. I have carefully read this agreement in its entirety, fully understand its contents, and agree to the terms and conditions of this agreement on behalf of myself, my heirs, and my personal representatives. This agreement constitutes the final and entire agreement between RELEASED PARTIES and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed in this agreement. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.

I have read this Agreement, am over the age of eighteen (18), read and speak English language, understand the contents of the Agreement, and I agree to be bound by it. I am also aware that it is a release of liability and a contract between myself and the RELEASED PARTIES. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.

 

PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION

& BINDING ARBITRATION AGREEMENT (the Agreement)

Notice -- By signing this document you may be waiving certain legal rights, including the right to sue.

In consideration of being allowed to use the facilities, vessels, and participate in parasailing and all other activities on the premises or as described herein (collectively the “Activities”) provided by Scupper’s Watersports LLC, or any of its owners, officers, directors, volunteers, employees, members, managers, agents, representatives, affiliates, subsidiaries, affiliated entities, associated personnel, and their vessels (collectively, the "Host”), the Participant (undersigned herein) hereby agrees, to the fullest extent permitted by law, as follows:

  1. I HEREBY VOLUNTARILY WAIVE, RELEASE, AND FOREVER DISCHARGE HOST FROM ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM ANY ACCIDENT, INJURY, DEATH, OR PROPERTY DAMAGE WHATSOEVER, RELTED TO, OR RESULTING FROM, OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE ACTIVITIES OR THE USE OF ANY FACILITIES OR EQUIPMENT PROVIDED BY THE HOST, INCLUDING ANY SUCH CLAIMS BASED UPON NEGLIGENCE, WITH THE EXCEPTION OF WANTON OR WILLFUL MISCONDUCT OF THE HOST
  2. TO EXPRESSLY ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant understands that there are inherent risks and hazards associated with participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include the possibility of serious physical injury and death. These inherent risks and hazards include, but are not limited to, hazards associated with being in or near the water, including drowning or electrocution, hazards associated with equipment failure and the presence of heavy equipment and machinery, operator, captain, and/or crew error, perils of the sea, changing weather conditions lightning, weather related injuries or illnesses, including sunburn, sun stroke or heat stroke, hypothermia, and dehydration, harm caused by marine creatures (including bites), harm caused by bacteria and viruses, acts of fellow participants, hazards associated with entering and exiting the water, boarding and disembarking vessels, hazards associated with moving and non-moving docks and uneven and/or slippery surfaces, hazards associated with heights, and hazards associated with other vessels in the area, including collisions or allisions, and being struck by a vessel or any of its parts and appurtenances including but not limited to, the propellors, and hazards associated with ropes and harnesses;
  3. TO RELEASE and hold the Host, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability and responsibility whatsoever for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of the Participant’s participation in the Activities and use of the Equipment. The Participant specifically understands that the Participant is releasing any and all claims or causes of action, demands, losses, costs and expenses (including attorneys’ fees and costs) that arise as a result of the Activities and use of the Equipment, or from any negligent acts or conduct of the Host, and/or any entity to which the Host owes a contractual indemnification obligation, 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
  4. TO INDEMNIFY the Host, 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 participation in the Activities and/or use of the Equipment. Such indemnification provision shall also specifically include the Participant’s agreement to be fully responsible for and to defend and hold the Host harmless for any property damage to the Equipment or any of the Host’s property arising out of the Participant’s participation in the Activities.


Photography/Video Release Participant hereby grants to the Host, the right to take photographs/videos of Participant in connection with the Participant's participation in the Activities. The Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. The Participant hereby agrees that the Host may use such photographs of the Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, social media and Web content.

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 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, facilities, and vessels 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 or condition to the attention of the Host.

Binding Arbitration 

The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Agreement, (b) the Participant's participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators and attorneys' fees, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred and shall be governed by the Arbitration Act the Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. The Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid.

NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the 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 HAVE READ AND UNDERSTAND THIS AGREEMENT, AM OVER THE AGE OF EIGHTEEN (18), READ AND SPEAK THE ENGLISH LANGUAGE, UNDERSTAND THE CONTENTS OF THIS AGREEMENT, AND I AGREE TO BE BOUND BY IT.  I AM ALSO AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.


Dated: March 5, 2026

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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 Releases and, for myself, my child, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES 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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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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