NOTICE TO THE PARTICIPANT
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO PARTICIPATE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF JetSurf Gulf Coast LLC, DBA: JetSurf PCB USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOU 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 THIS FORM YOU ARE GIVING UP YOUR RIGHT TO RECOVER FROM JetSurf Gulf Coast LLC, DBA: JetSurf PCB IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH OR 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 JetSurf Gulf Coast LLC, DBA: JetSurf PCB AS THE RIGHT TO REFUSE TO LET YOU PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
YOUR SAFTEY IS OUR HIGHEST CONCERN HERE AT JetSurf PCB
A few words about safety:
- Your safety, and safety of others is of the upmost importance.
- This information alerts you to potential hazards that could hurt you or others.
- Your safety is your responsibility. A little time to spent in preparation will significantly reduce your risk of injury.
- JetSurf is an extreme sport that will require you to show ability to control our motorized boards.
- Safety comes first and you must operate the JetSurf responsibly under control at all times.
- As a part of the class procedures, your instructor will teach you our safety rules and boundaries limits.
- Before class, by signing the participant agreement, release, and assumption of risk, you should know the instructor is allowed to stop the class if you present yourself in danger by exceeding safety rules or boundaries limits.
- Class safety procedure will be applied in the form of a “3 call system”. If you do not follow or obey the safety rules you will be called by the instructor to sharpen and emphasize the safety rule you did not follow.
1st Time you are found not following one of the safety rules will be your first call Dash you will be called by the instructor to sharpen and emphasize the safety rule you did not follow.
2nd Time you are found not following one of the safety rules will be 2nd call - again, you will be called by the instructor to sharpen and emphasize the safety rule you did not follow. You will also be reminded that a 3rd offense will result in the end of your class without a refund.
3rd Time you are found not following one of the safety rules will be 3rd call - you will be called by the instructor to END the class immediately after exceeding our safety limits, displaying a disregard of safety rules, and placing yourself or others at risk. Class will end immediately without a refund.
Safety regulations and boundary limits to follow:
Always be aware of other participants, boaters, jet skiers, and anyone else in or on the water at all times. Keep at least 50 yards distance from other vessels and people.
Safety distance: you cannot get close to the shore, docks, boats, and/or other vessels; you have to keep at least 50 yards of safety distance from the shore, docks, and boats. At the beginning of class, you will learn the boundary limits of JetSurf operations. Exceeding this distance will be a violation of the safety regulations.
Boundaries: you cannot go out to ‘open sea’. The instructor will show you at the beginning of class the furthest place you are permitted to go.
Engine starting: you are allowed to start the engine again after it shuts off, only with the permission of the instructor. Starting the engine without the instructors permission will be a violation of the safety regulations.
At class time, while the instructor is in the water with you, you will have to ride always in front of the instructor and you will not be able to cross behind the instructor. Crossing behind the instructor will be a violation of the safety regulations.
PERPETUAL PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)
We want you to have a great experience with us. However, for your protection and ours, you must read and agree to the provisions below before you are authorized to use our facilities and/or services. The different activities that are offered entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy yourself by watching others, but we cannot allow you to personally participate in any of our activities or actively use our facilities and/or services.
This is an important legal document, which affects your legal rights and obligations. Before signing this agreement, you should ensure that you fully understand its contents.
In consideration of the services of Jet Surf Gulf Coast LLC, doing business as: JetSurf PCB, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “JetSurf”), I hereby agree to release, indemnify, hold harmless, and discharge JetSurf, on behalf of myself, my spouse, my children, my parents, my heirs, my assignees, my personal relatives and my estate as follows:
I acknowledge that my participation in JetSurf motorized board water sport activities entails known and unanticipated risks that could result in physical and/or emotional injury, paralysis, death, or damage to me, the property, or to third-parties. I understand that such a risk simply cannot be illuminated without jeopardizing essential qualities of the activity.
The risks include, among other things: slips and falls; the possibility of rough water; the possibility of rough shoreline; colliding with objects or other people; riders may be jolted, jarred, bounced, thrown about, and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers, equipment, structures or other objects both natural, fabricated, and foreign; injuries can be sustained from the ride, equipment or from items on the water or land such as holes, bumps, obstacles, tree limbs, branches, rocks, waves, coral rock, objects on the ocean floor, garbage debris, natural, fabricated, and foreign obtrusions; strains, sprains, broken bones, and musculoskeletal injuries including but not limited to head, neck, and back injuries; cuts, abrasions, and bruises; cardiac related illnesses; equipment failure; condition of the property; exposure to the elements of the outdoors and natural surroundings which could cause exhaustion, hypothermia, hyperthermia, heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; passengers and riders can be thrown off the equipment, which can result in any of the above events occurring; collision and flipping over; the negligent of participants, or other persons who may be present, accident or illness can occur in remote places without immediate medical facility or treatment available; my own physical condition, and the physical exertion associated with these activities.
Further, JetSurf employees have difficult jobs to perform. They seek safety first, but they are not infallible. They might be unaware of a participant fitness or abilities. They might miss judge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I accept these activities with all defects as known or unknown.
Because these activities can be strenuous and subject to risk a serious injury, JetSurf recommends I obtain a physical examination or permission from a doctor of my choosing prior to engaging in any JetSurf activities. I agree that if I engage in any activities, I do so entirely at my own risk.
I expressively agree and promise to except and assume all the risk existing in these activities. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks. I agree to participate in these activities with knowledge of the risks involved in participating, including the risks created by other people who may or may not be participating in the activities at the same time as I am taking part. Other people may participate in the activity with a lack of skill, disregard of safety rules, and may cause danger to me. I have an obligation to myself and others participating in these activities to ride safely at all times. I will obey all directions given to me by or on the behalf of JetSurf concerning my participation in these activities. I am aware of the safety regulations and the boundary limits. I authorize JetSurf to interrupt, suspend, or terminate my participation in these activities if JetSurf determines that I have violated any of the safety regulations and I will forfeit any amounts I have paid.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless JetSurf from any and all claims, demands, or causes of action, which are in anyway connected to my participation in these activities or my use of JetSurf equipment or facilities, including, but not limited to any such claim which allege negligent acts or omissions of JetSurf.
Should JetSurf or anyone acting on their behalf be required to incur attorneys fees and cost to enforce this agreement, I agree to indemnify and hold harmless for all such fees and cost.
I certify that I have adequate insurance to cover any injuries or damages I may cause or suffer while participating, or else I agree to bear the full cost of such injury or damage to myself during or after participating. I further certify that I am willing to assume the risk of any medical or physical condition I have.
In the event that I file a lawsuit against JetSurf, I agree to do so solely in the state of Florida, and further agree that the substantial substantive laws of Florida shall apply to the action without regard to the conflict of laws, rules of Florida. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining documents shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my rights to maintain a lawsuit against JetSurf on the basis of any claim from which I have released them here in.
I have had sufficient opportunity to read this entire document I have had an opportunity to seek legal counsel regarding the same. I have read and understood it, and I have agreed to be bound by its terms.
PERPETUAL RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS,
INDEMNIFICATION & FORUM FOR LEGAL ACTION
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)
In consideration of being allowed to use the facilities, vessels, equipment, and participate in operating personal watercraft and other activities (collectively the “Activities”) provided by Jet Surf Gulf Coast LLC, doing business as JetSurf PCB (the “Host”), the participant hereby agrees, 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 participant’s participation in the Activities or the use of any equipment provided by the Host, including while receiving instruction and/or training. As used herein, the term “Equipment” shall include but not be limited to personal watercraft, safety gear;
- TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the 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 obligation. The participant understands that there are inherent risks of participating in the Activities and use of the Equipment, which may be both foreseen and unforeseen and include serious physical or emotional 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 act or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host does a contractual indemnification obligation, to the fullest extent permitted by law. However, nothing in the 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 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, including while receiving instruction and/or training.
Participant hereby grants to the Host, its representatives, its affiliates, and employees the right to take photographs/videos of the participant in connection with the 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 or videos of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
The Participant and Participant’s parent(s) or court appointed or natural guardian(s) 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 and Participant’s Parent(s) or court appointed or natural guardian(s) understands that Participant’s participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant and Participant’s parent(s) or court appointed or natural guardian(s) understand that Participant 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 and/or use of the Equipment, the Participant and/or Participant’s parent(s) or court appointed or natural guardian(s) 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.
Participant’s parent(s) or court appointed or natural guardian(s) hereby agrees that he/she/they will explain to his/her/their child(ren) that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.
Forum for Legal Action
The rights of the parties hereunder shall be construed and interpreted in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement, the participant's use or operation of Jetsurf PCB equipment or facilities or attendance at the Jetsurf PCB class, whether such action be at law or in equity, shall be brought only in an appropriate state court in Bay County, Florida. By execution of this Agreement, you, on behalf of yourself and or your heirs, successors and assigns hereby accept the jurisdiction of the aforesaid court and waive, in connection with such action or proceeding, any objection to venue based on the grounds of forum non conveniens or diversity jurisdiction in Federal court.
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 VALID UNDER THE LAW OF THE STATE OF FLORIDA, THE REMAINING PORTIONS OF THE AGREEMENT SHALL REMAIN BINDING AND VALID.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
July 25, 2021