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Carey’s Jet Skis LLC

WAIVER

Jet Ski and Water Sports Release Form

 786-491-1099

 


Waiver, Release, Assumption of Risks and Indemnity Agreement – Participation in Water Sports


BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY, SEEK LEGAL ADVICE IF YOU WISH AND RETURN LATER.
Agreement made on the May 19, 2024 , between  Carey’s Jet Skis LLC. 100 Bayview Dr, Sunny Isles, FL 33160.

And


referred to herein as Releasor.
 
For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
I. Definition of Water Sports
A. In this Agreement the term Water Sports shall include all activities in any way related to boating activities, dock and waterfront access, riding on a wakeboard or ski boat, waterskiing, using a jet ski, wakeboarding, riding inflatable boat-pulled accessories such as inner tubes and rafts and the use of equipment, facilities, jet skis, wave runners, ski boats, and or other such vehicles (hereafter together called vehicles) rented by the Releasee to the Releasor.


B. All references to “I” or its derivatives mean the Releasor who participates in Water Sports in and around the Intracoastal Waters of Miami, FL or rents the vehicles.
 

II. The Safety of Water Sports
I acknowledge that I have been advised to wear a life-jacket while engaging in Water Sports. Instruction as to the proper use of the life-jacket is available from the Releasee. I am aware that the physical exertion required for Water Sport activity and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with water sports.


 III. Assumption of Risks
I am aware that Water Sport activity involves many risks, dangers and hazards including, but not limited to: changing water flow, currents, wave actions and ship wakes, collisions with other vehicles, man made or natural things or objects, equipment failure, heat or sun related injuries or illness, fatigue, chill or dizziness, accidents which occur during transportation or travel to and from the sea, use of the vehicles and mounting or dismounting of said vehicles, entrapment or obstruction by boats, other vehicles, people or marine life, reef, sand or rocks, hypothermia or dehydration, the overturning or upsetting of vehicles, negligence of other users and negligence on the part of the Releasee. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WATER-SPORT ACTIVITY AND ANCILLARY OR INCIDENTAL ACTIVITIES AND THE POSSIBILITY OF PERSONAL, EMOTIONAL OR CATASTROPHIC INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM WHETHER ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH OR OUT OF MY PARTICIPATION IN OR ASSOCIATION WITH THE WATER SPORT ACTIVITY.
 

IV. Release of Liability, Waiver of Claims, and Indemnity Agreement
In consideration of Releasee agreeing to my participation in Water Sport activities in and around the Intracoastal Waters of Miami and permitting my use of the equipment and/or vehicles of Releasee, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
 

A. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEE AND TO RELEASE AND FOREVER DISCHARGE THE RELEASEE from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in Water Sport activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING MY NEGLIGENCE or that of the Releasee, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY ACT, ON THE PART OF THE RELEASEE, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WATER SPORT ACTIVITIES REFERRED TO ABOVE WHETHER ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH OR OUT OF MY PARTICIPATION IN OR ASSOCIATION WITH THE WATER SPORT ACTIVITY.
 

B. TO DEFEND AND HOLD HARMLESS AND INDEMNIFY THE RELEASEE from any and all liability for any property or personal injury (including emotional or mental injury) to any third party resulting from my participation or involvement in Water Sport activities and to Indemnify the Releasee from any claims, suits, expenses and costs INCLUDING BUT NOT LIMITED TO all expenses, costs, fees and attorneys’ costs for damage and personal injury (including emotional injury) to me, or property of anybody including mine resulting from any accident, negligent act or omission whether mine or the Releasee’s.
 

V. This Agreement shall be effective and binding upon my heirs, next to kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.
VI. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Florida and no other jurisdiction.
VII. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
 
VIII. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
 
IX. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH JET SKI AND WATER SPORTS RECREATIONAL ACTIVITIES, including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME-SUCH-RISKS.


I understand that I am responsible for all physical damage to equipment billed at $200 per inch. Also responsible for water intrusion to the engine billed at $1000.

I UNDERSTAND THAT I HAVE THE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

I assert that I am physically and mentally fit to ride a Jet Ski and / or participate in Water Sports Recreational activities and I will not hold CAREY’S JET SKIS LLC, or their employees agents or other associating personnel responsible if I am injured as a result of AWproblems (medical, accidental, or otherwise) which occur while chartering the equipment or otherwise participating on the trip.

I fully understand that CAREY’S JET SKIS LLC, has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility and I agree in advance to these conditions.

CAREY’S JET SKIS LLC have made no representations to me, implied or otherwise, that they or their employees 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 CAREY’S JET SKIS LLC or their employees responsible for their actions in attempting the performance or rescue of first aid.

I agree to forever discharge and release CAREY’S JET SKIS LLC it’s employees and agents and affiliates, from any and all responsibility or liability for any and all injuries to myself, to others and damages to the property belonging to CAREY’S JET SKIS LLC.

I agree NOT to make a claim against or sue any of the above parties for injuries. I further specifically agree, on behalf and myself, and my heirs, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur during my participation in any activities with or involving the released parties.

I HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.
 


Carey’s Jet Skis LLC charges $40.00 dollars for every 30 minutes you are late per Jet Ski. We will give you a five to ten minute grace period, after the ten minutes you will be charge $40.00 dollars. Your time starts from when you are placed in the water.
XI. I agree to pay for any damage caused to any vehicle, equipment, or facility of the Releasee.
XII. In entering into this Agreement I am not relying on any oral or written representations statements made by the Releasee with respect to the safety of Water Sport activities but rather upon my own judgment and ability, other than what is set forth in this Agreement.
XIII. I CONFIRM THAT I AM OVER 18, (or that I am the legal guardian of the minor and act on his/her behalf) HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO
VOLUNTARILY SIGNING IT WITH NO PROMISE, GUARANTEE OR INDUCEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS (INCLUDING FUTURE RIGHTS) WHICH I OR MY HEIRS, DEPENDENTS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEE.
XIV. I AM AWARE THAT PARTICIPATION IN WATER SPORT ACTIVITY IS INHERENTLY HAZARDOUS AND I SO PARTICIPATE WITH SUCH KNOWLEDGE OF THE DANGERS INVOLVED.
WITNESS my signature as of the day and date first above stated.

 

RELEASE OF LIABILITY

I agree to INDEMNIFY, RELEASE OF LIABILITY AND HOLD HARMLESS CAREY’S JET SKIS LLC and I AGREE to ASSUME ALL RISK IN CONNECTION with this WATER SPORTS ACTIVITY FOR I AM PHYSICALLY FIT TO PARTICIPATE.

 

(By signing, you are agreeing to and accepting all of the terms and conditions set forth in the Waiver and Liability Release Agreement)

ACKNOWLEDGEMENT

I, hereby acknowledge and agree I am purchasing/renting recreational products/services/activities/vessels/vehicles from CAREY’S JET SKIS LLC. I also hereby acknowledge and agree that CAREY’S JET SKIS LLC is an independent corporation. I hereby represent that I am at least eighteen (18) years of age and, if applicable, that I am the legal guardian on behalf of the person who I am signing, I have fully read and understand the terms of this acknowledgement, and I am executing the same voluntarily and of my own accord.


WARNING! - READ THE ABOVE BEFORE SIGNING, BY SIGNING BELOW, YOU ARE AGREEING THAT YOU READ THE ABOVE AND THAT YOU AGREE TO THE CONTENT CONTAINED ABOVE. 

Participant Under 18 Years of Age: As parent/guardian signing this Agreement for the above named minor, I acknowledge that I am authorized to sign this Agreement for the minor. I acknowledge and agree that I have read the above Release, and that by signing this Release on behalf of the minor, the minor and I agree to be bound by its terms. I hereby agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the Releasee for any claim or suit arising out of said minor’s participation in the Water Sport activity.
WITNESS my signature as of the day and date first above stated.
 

First Participant's Name

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle 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.
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*

Middle 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.


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