Loading...

CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND

LIABILITY WAIVER AND RELEASE AGREEMENT

 

 

IN CONSIDERATION of being permitted to participate in the charter/rentalprovided by Aquarius Boat Rental LLC  (also Mylene Anicet Garot and Franck Garot - Captain M all DBA Aquarius Boat Rental LLC) for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

ACKNOWLEDGEMENT OF RISKS

 

I fully acknowledge that some, but not all of the risks of participating in the charterin which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet; (9) Tubing, Boating Lesson or watersports.

 


I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage.


I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.                                        


 

CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

 

I fully agree to assume all responsibility for all the risks of the Charter/ Rental to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW). My/Our participation in the charteris completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

 


 

This Agreement shall be governed by the laws of Florida, USA. Any legal action relating to or arising out of this agreement against or with respect to Aquarius Boat Rental LLC shall be commenced exclusively inFlorida, USA.Any legal action relating to or arising out of this Agreement against or with respect to any of it Aquarius Boat Rental LLC affiliated or related companies shall be commenced exclusively in the Florida Court. I agree that I will reimburse in full any attorney feesincurred by the assured or their Insurers to defend any legal action under this agreement.

 


 

I HEREBY RELEASE AQUARIUS BOAT RENTAL, LLC THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISE LINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

 


                                                                                                                       

I have read this assumption and acknowledgment of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).




First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Rules

**BE ON-TIME**

- 15-minute late is considered a no-show.



**BAREFOOT ON BOARD*

- Barefoot only - take off your shoes before coming on board (will be stored in a designated boat compartment).



**BEWARE STAINS ON THE SEATS WILL BE CHARGED**

- Bring plastic cups - not glass cups (bottles allowed).

- No food that turns your hands any color (Cheetos/Doritos are the worst).

- No chocolate.

- No confetti, pinatas, or balloons (dolphin killers!).

- Be careful when applying sunscreen/lotion, as any excess damages the upholstery.

- No stepping on seats.

- No pets except if written approval from the owners.


**NO SMOKING, NO DRUGS**

- Smoking is not permitted; only vaping is allowed. If allowed, smoking will be limited to smoking in the water only and when anchored.



**WEATHER**

- We sail rain or shine. If you haven't purchased third-party rain insurance, no refund will be given because of the rain.



**BOATING INSTRUCTIONS AND SAFETY RULES**

- Refrain from engaging in any jumping activities while the boat is in motion.

- Avoid sitting on the seat armrests to ensure safety and comfort.

- Refrain from leaping into the water unless the boat's motor has been switched off.

- Do not disembark from the boat until receiving explicit approval from the captain.

- For non-swimmers and children under 6 years old, it is mandatory to wear a lifejacket (provided), and if you face swimming difficulties, make use of the floating mat.

- While in the water, exercise caution with respect to wind and currents, as they may lead to unintentional drifting.

- Prohibition on sitting at the stern of the boat when it is operating at full speed.

- Never insert your arms or fingers between the dock and the boat during the docking process.

- Strictly observe a no-smoking policy while aboard the boat.

- Do not enter the water if you are under the influence of intoxicating substances.

- Refrain from consuming alcohol if you are under the legal drinking age of 21 years.

- Never swim behind a boat or near the propeller area to ensure your safety at all times.

- Keep all body parts, such as hands and feet, within the boat to prevent injury.

- Pay attention to the boat's stability; avoid sudden movements that could lead to unbalancing.

- In case of adverse weather conditions, follow the captain's instructions for safety measures or potential changes in the itinerary.

- Familiarize yourself with the location of emergency equipment, such as life vests, fire extinguishers, and first-aid kits, and know how to use them. Life vests are usually located underneath the passengers' seats in the back of the boat. Flares and other safety equipment are in a waterproof orange box close to the captain's seat.

- Be considerate of locals by keeping noise levels at a reasonable and respectful volume, especially at night and while in the canal that leads to the marina.

- Do not throw any objects or litter overboard to help maintain the cleanliness of the water and the environment.

- If you're prone to motion sickness, take appropriate medication or preventive measures before embarking on the trip. We should have motion sickness pills onboard but sometimes we run out.

- Always be aware of your surroundings and the location of the boat, especially if you go swimming or engage in water activities away from the vessel.

- Respect wildlife and marine ecosystems by not disturbing or harming them in any way.

- If you witness someone in distress in the water, immediately alert the captain or crew and follow their instructions for a coordinated response.

- Follow any local or national regulations and laws related to boating safety and environmental protection.

- Before departure, you will receive an additional brief safety orientation from the captain or crew to familiarize yourself with the specific safety procedures and equipment on board.

- In case of any medical conditions or allergies, inform the captain or crew members to ensure they are aware of any potential health concerns. 




I agree to follow the rules
Participant's 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:*
Date of appointment

Please enter the date of your boat ride
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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 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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!