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COKERNUTS BOAT TOURS LLC ASSUMPTION AND

ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY,

INDEMNIFICATION AGREEMENT AND ARBITRATION AGREEMENT

1. ACKNOWLEDGEMENT OF RISKS. Participant acknowledges that some, but not all, of the risks of participating in watersports activities such as snorkeling, cruising, paddle boarding, kayaking, dolphin watching, shelling, sailing as well as other watersports activities and waterpark activities includes: (1) changing water flow, tides, currents, wave action and ships' wakes; (2) collision with any of the following: other participants, the watercraft, other watercraft and man-made or natural objects; (3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (4) Participant's sense of balance, orientation, physical condition, swimming techniques, and/or ability to follow instructions; (5) collisions, capsizing, sinking. or other hazards which could result in injury, (6) exposure to the elements, hypothermia, and/or drowning; (7) the presence of insects and/or marine life forms; (8) equipment failure mechanical breakdown and/or operator error; (9) heat or sun-related injuries or illnesses, including but not limited to sunburn, sunstroke and/or dehydration; and (10) fatigue, chills, and/or dizziness which may diminish your or our reaction time and increase the risk of accident.

2. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY. In consideration for being permitted to engage in the watersport activities herein, Participant hereby agrees to assume all responsibility for any and all risks of the activity, whether identified above or not, including but not limited to the negligence of Cokernuts Boat Tours LLC, its employees, agents and/or contractors and/or the negligence of other participants. Participant agrees that his/her participation in the watersport activities is purely voluntarily. Participant hereby assumes full responsibility for himself/herself and any of his/her minor children for whom he/she is responsible, relating to any and all bodily injuries, accidents, illnesses, paralysis, death, loss of personal property and/or expenses caused by or relating to any accident which may occur while Participant participates in the watersport activity, even if caused in whole or in part by the negligence of Cokernuts Boat Tours LLC, its employees, agents and/or contractors and/or the negligence of other participants.

3. RELEASE AND INDEMNIFICATION AGREEMENT. PARTICIPANT HEREBY AGREES TO RELEASE, INDEMNIFY AND DEFEND COKERNUTS BOAT TOURS LLC, ITS PRINCIPALS, DIRECTORS, OFFICERS, AGENTS. EMPLOYEES, INDEPENDENT CONTRACTORS, VESSELS, INSURERS AND VOLUNTEERS FROM ANY AND ALL LIABILITY OF ANY NATURE RELATING TO OR RESULTING FROM BODILY INJURY, PROPERTY DAMAGE, ILLNESS AND/OR DEATH TO PARTICIPANT, PARTICIPANT'S MINOR CHILDREN, OR ANY OTHER PERSON AS A RESULT OF PARTICIPANT'S PARTICIPATION IN THE WATERSPORT ACTIVITIES, EVEN IF CAUSED BY THE ORDINARY NEGLIGENCE OF PARADISE ADVENTURES LLC, ITS EMPLOYEES, AGENTS AND/OR CONTRACTORS AND/OR THE NEGLIGENCE OF OTHER PARTICIPANTS.

SIGNING BELOW CERTIFIES THE FOLLOWING:

I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT, AND IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN WATERSPORTS ACTIVITIES, INCLUDING BUT NOT LIMITED TO SNORKELING, CRUISING, PADDLE BOARDING, KAYAKING, DOLPHIN WATCHING, SHELLING WATERPARK ACTIVITIES AND/OR BEING ALLOWED AS A PASSENGER ON THE VESSEL, FOR MYSELF AND ANY MINOR CHILDREN FOR WHOM I AM PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE, AND FOR MY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, I AGREE TO BE BOUND BY THE AFORESTATED PROVISIONS CONTAINED WITHIN THE ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT.

I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I AND/OR ANY MINOR CHILDREN FOR WHOM I AM PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSBILE MAY HAVE AGAINST COKERNUTS BOAT TOURS LLC, ITS EMPLOYEES, AGENTS AND/OR CONTRACTORS AND/OR VESSELS.

ARBITRATION, APPLICABLE LAW & VENUE. Any controversy or claim arising out of or relating to this Agreement and/or the Participant’s participation in the Water Sports Activities described above shall be governed by the United States General Maritime Law or, where said law is silent, by the law of the state of Florida.

Subject to the provisions herein contained, any dispute between the Participant and Cokernuts Boat Tours, LLC arising out of the use of the Participant’s participation in the Water Sports Activities described above or in connection with the interpretation and fulfillment of this Agreement shall be decided by binding Arbitration, and in accordance with, the rules and procedures of Arbitration Resolution Services (“ARS”), such arbitration to be held in Miami Dade County, Florida, unless another place is mutually agreed upon.

I understand and agree that by signing this document I am giving up valuable legal rights that might otherwise be enforceable by the minor participant in courts of law.

Photography/Video Release

Participant hereby grants Cokernuts Boat Tours LLC permission to take photographs/videos of Participant and to use the Participant's name in connection with Participant's participation in the Activities. Participant hereby authorizes Cokernuts Boat Tours LLC to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that Cokernuts Boat Tours LLC may use Participant's name and photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.


May 19, 2025

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
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*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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:*
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*
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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