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TIDAL COVE MIAMI

TIDAL COVE WAIVER AND RELEASE OF LIABILITY

 

NOTICE TO ALL PARTICIPANTS AND PARENTS/GUARDIANS OF MINORS:

This is a legally binding agreement. Please read it carefully before signing. By signing this document, you are waiving certain legal rights, including the right to sue. If you do not understand any part of this agreement, please ask for clarification before signing.

 

1. Assumption of Risk

I acknowledge and agree that participation in activities and use of all facilities at the Tidal Cove Waterpark ("Tidal Cove") at the JW Marriott Miami Turnberry Resort & Spa located at 19999 W Country Club Dr, Aventura, FL 33180 ("Resort") involves inherent risks, including but not limited to drowning, slipping, falling, collisions, and other hazards. These risks may result in physical, mental, and/or emotional injury, illness, death, disease, loss, and/or damage to me, my property, and/or third parties. I voluntarily accept and assume all such risks (and if applicable, I voluntarily accept and assume all such risks on behalf of my minor child or children), whether known or unknown, anticipated or unanticipated, and regardless of whether they arise from the negligence of the Released Parties (as defined below).

2. Waiver and Release of Liability

In consideration of being permitted to enter, participate in activities, and use the facilities at Tidal Cove, I, on behalf of myself, my children, heirs, successors, and assigns, hereby release, waive, and discharge TB Isle Resort LP, Marriott International, Inc., Fontainebleau Development LLC, Jeff Ellis Management LLC, GOLDMAN SACHS BANK USA and JPMORGAN CHASE BANK, NATIONAL ASSOCAITION, FBLU MEZZII LLC and each of their respective management, officers, directors, owners, employees, agents, and affiliates (collectively, the "Released Parties") from any and all claims, actions, demands, liabilities, and damages ("Claims") arising out of or incidental to my entry, participation, or use of the facilities during our stay at the resort, including but not limited to Claims for bodily injury, illness, death, disease, loss, and/or damage to me or my property, even if caused by the negligence of the Released Parties, to the fullest extent permitted by law.

3. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from any and all Claims, damages, or expenses, including attorney’s fees, arising from my or my minor child’s participation in activities or use of the facilities at Tidal Cove or the Resort during our stay at the Resort. This includes, but is not limited to, Claims brought by third parties as a result of my or my minor child’s actions.

4. Acknowledgment of Understanding

I have carefully read this waiver and release of liability and fully understand its contents. I am aware that this is a release of liability and a contract between myself and the Released Parties, and I sign it of my own free will. I understand that I am giving up substantial rights, including my right to sue, and I agree to these terms voluntarily without any inducement.

5. Additional Terms

  • No Readmission: No readmission is permitted after the date of entry.
  • Prohibited Items: No cameras or other recording devices are permitted without written authorization from Tidal Cove management.
  • Lost Property: Tidal Cove is not responsible for any property lost, misplaced, or stolen at Tidal Cove.
  • Wristbands: I acknowledge that I will be provided with a wristband for entry, participation, and use of the facilities. Wristbands will not be replaced, refunded, or exchanged for any reason.

6. Parental Waiver for Minors

I, as the parent or legal guardian of the minor child named below, acknowledge and agree that I am permitting my minor child to enter, participate in activities, and use the facilities at Tidal Cove and the Resort. I understand and agree that even if Tidal Cove and the Resort uses reasonable care in providing the activities and facilities, there is a risk my child may be seriously injured or killed because of dangers inherent in the activities and facilities that cannot be avoided or eliminated. By signing this form, I waive and release my right and the right of my minor child to recover from the Released Parties for any Claims arising out of or incidental to my child’s entry, participation, or use of the facilities during our stay at the Resort, including but not limited to Claims for bodily injury, illness, death, disease, loss, and/or damage to my child or my child’s property.

7. Notice to Parents/Guardians Pursuant to Florida Statute 744.301(3):

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF TIDAL COVE AND THE RESORT USES REASONABLE CARE IN PROVIDING THE ACTIVITIES AND FACILITIES, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITIES AND FACILITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES AND FACILITIES THAT CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM TIDAL COVE OR THE RESORT IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITIES AND FACILITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND TIDAL COVE HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Fill out the waiver by scanning Your Driver's License

This scanner is designed as an optional onsite tool to streamline the waiver-signing process. If you are not at the business' location or prefer not to scan your license please skip this option and proceed below to fill out the waiver.

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First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
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Participant's Date of Birth*
Date of Birth
Third Participant's Name
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Participant's Date of Birth*
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Fourth Participant's Name
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Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
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Participant's Date of Birth*
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Sixth Participant's Name
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Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
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Eighth Participant's Name
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Participant's Date of Birth*
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Ninth Participant's Name
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Participant's Date of Birth*
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Tenth Participant's Name
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Participant's Date of Birth*
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Parent or Guardian's Email Address
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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.



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*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
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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