Waiver & Release of Liability (Read before signing) For and in consideration of my participation in ecotours via pontoon boat and the use or other access to equipment, facilities, or activities of Shoreline Creatures, LLC, the undersigned participant(s) enter this participation agreement and release of liability. PLEASE NOTE that if there is more than one to your party each individual is required to sign a waiver. After signing the first waiver you will be asked if there is another person with you. Simply continue and have the 2nd person sign as well. Warnings, understandings, and representation: The business of Shoreline Creatures, llc includes participation in guided pontoon tours. I understand that participation in these activities involves risk of serious injury including bodily injury, mental injury, disability, paralysis, pain, suffering, or even death. Dangers may include, but are not limited to: turning over of watercraft; collision; entanglement; exposure to adverse weather conditions, heat, cold, lightning, winds, currents, injurious plants, insects, animals, or other elements; sunburn; dehydration; heat stroke; muscle cramps; exhaustion; or accidental drowning. I understand that risks and dangers may result from the acts or omissions of third parties, or myself, or of Shoreline Creatures agents, employees, owners, participants, volunteers, or others acting on their behalf. With full knowledge of the risks and dangers, I represent that I am in good health and proper physical condition to participate in the activities and business of Shoreline Creatures. I do not have health problems or medical conditions that preclude participation. I have inspected equipment, facilities, and activities of Shoreline Creatures and find that they are acceptable for the intended use or participation. Assumption of risk and responsibility for injury or damage: I understand and acknowledge that boating and open water activities are inherently dangerous and that I participate at my own risk. I understand that risks and dangers cannot be eliminated without jeopardizing the essential qualities of the activity, and I voluntarily elect to participate, accepting and assuming the risks. I acknowledge and assume any and all risk associated with the presence of any and all sea life that may be in the water or on the shoreline. I assume the entire responsibility of the performance of the activities associated with this agreement. I further expressly agree to indemnify and hold harmless Shoreline Creatures, their directors, officers, employees, and affiliate companies for any and all claims for injury to persons or damage to property or any other damages or losses by anyone, all of the foregoing to include all expenses and charges including attorneys fees, which may arise out of, or in connection with, the activities associated with this agreement, or which are alleged to have arisen out of the activity associated with this agreement. Right to photograph: by signing this agreement I hereby give my consent and approval to Shoreline Creatures that they shall have the right, without obtaining my further approval, to photograph, take motion pictures of, televise, and reproduce in any manner or through any media, images or videos of myself, my child, and my legal guardians. I verify that I am in good health and I am fully capable of participating in any and all strenuous activities associated with any Shoreline Creatures activities. I fully understand that each participant must be a competent swimmer and acknowledge that I am acompetent swimmer. I also hereby agree that by signing this form that all parts of the registration and indemnity agreement are valid and binding from the date of signature to any and all future dates in which I participate in any and all activities with Shoreline Creatures. I HAVE READTHIS RELEASE OFLIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. - I hereby expressly agree and promise to accept and assume all of the risks of participating in this activity. I understand that known and unanticipated risks which could result in injury to myself and/or damage to my property. I further understand and agree that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. My participation in this activity is entirely voluntary and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge and agree to save and hold the Alachua County Board of Commissioners, and the Marion County Board of Commissioners, their agents, volunteers, and employees, harmless from any and all acts, omissions, claims, demands, disputes, damages, costs, and expenses (to include attorney’s fees whether or not litigation is necessary and if necessary, both at trial and on appeal), incurred by the City of Gainesville or the City of Ocala as a result, directly or indirectly, of the use of the described facility location and/or equipment.
By signing this document I acknowledge I have had sufficient opportunity to read this entire agreement, that I understand it and agree to be bound by the terms of this agreement.
Today's Date: November 22, 2024 |