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Ocean First Key Largo, LLC

 General Boating Voluntary Release, Waiver, and Assumption of Risk

I, UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE OCEAN FIRST KEY LARGO, LLC (the “Released Party”) THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.

1. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH GENERAL BOATING ACTIVITIES, included but not limited to that could result in physical or emotional injury, disability, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure activities and particularly ocean and water related activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while aboard the vessel.

The inherent risks associated with the boating activity in which I am about to voluntarily participate include, but are not limited to: people falling overboard, grounding the vessel, equipment failures, expected and unexpected wind conditions, changing or unpredictable water flows, encountering submerged obstructions and/or water traffic. In addition - the inherent risks include: the boat or my body encountering tidal forces or currents, wave action or wakes; collisions with other participants, watercraft and/or other manmade objects such as docks, bridge abutments, etc; collisions with natural objects such as rocks, reefs, beaches, marinas or docks, etc.; wind shear (changes in wind speed or direction); the boat or myself being struck by lightning; the boat or myself capsizing or sinking; exposure to weather and/or marine or sea elements; injury and/or drowning; exposure to wild or dangerous or toxic marine life; equipment failure and/or defects; operator (which includes myself, the Boat Captain or anyone else participating in the activity) error; mental distress from exposure to any of the risks of the activity; and any and all other risks associated with sailing or the instruction of the course whether listed or not. I also acknowledge that while in the water I may become disoriented, panicked and/or experience trauma from rocks, reefs, etc; I can slip or fall during or getting to and from the boat and I understand that the areas in which I might walk sometimes hide dangerous obstacles such as marine life, docks, hot sand, sticks, etc..; accidents can occur getting on and off the boat; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; communication in the marine environments in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in Ocean First Key Largo events/activities.

Furthermore, Ocean First Key Largo Captain/crewman and helmsman (where applicable) have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a course’s participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by the captain/crewman and helmsman and participants are often made in remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.

2. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/our participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks. I/we expressly agree and acknowledge that the terms and conditions of this Agreement is contractual in nature and that I/we are signing it of our own free will.

3. Alcohol and illicit drugs are prohibited and not allowed on the boat. I agree to hold the owner, captain, crew and any other related party harmless should there be any alcohol or illicit drugs brought on the boat by myself.

4. I acknowledge and understand that I will take all reasonable care of my own belongings and the belongings of Ocean First Key Largo, LLC I will hold Ocean First Key Largo, LLC harmless in the event that my personal belongings are damaged, destroyed or lost at sea. In addition, I understand that I am liable for any property that I have damaged, destroyed or lost that is owned by Ocean First Key Largo, LLC and will submit payment the amount owed to replace that property.

5. I assert that I am physically fit to ride on a boat 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 riding on the boat, or otherwise participating in the trip.

6. I acknowledge and understand that a floatation device is available for my use at any time during the trip whether on the boat or while in the water.

7. If I become distressed at the surface, I will immediately alert any and all nearby personnel or vessels for assistance. I acknowledge that failure to do so will constitute a violation of safety rules and procedures for which I expressly assume the risk.

8. I fully understand that the involved boat 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.

9. The participating crewmembers and/or boat 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, dive boats or passengers responsible for their actions in attempting the performance or rescue or first aid.

10. I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Florida law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.

11. This Agreement shall be construed in accordance with the laws of the state of Florida, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activities shall be brought only in the Monroe County Court located in Marathon, Florida, and I agree to the jurisdiction and venue for any such dispute.

12.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 OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH FISHING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.

13. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document 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 on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.

I have read this agreement, am 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.


First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
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*
Media Release

I grant to Ocean First Key Largo, LLC, its representatives and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize Ocean First Key Largo, LLC, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Ocean First Key Largo, LLC may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content. text

I agree.
I do not agree.
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 Age Acknowledgment*
Parent or Guardian's 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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