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SPACRUZZI WAIVER AND RELEASE OF LIABILITY

ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

ATTENTION: PLEASE READ EACH TERM CAREFULLY AND THOROUGHLY. 

Use of the SpaCruzzi - Evermore may terminate use of the vessel without refund if any of the following are violated:

  • The Captain(s) must be at least 21 years of age and must provide a valid Driver's License ("DL"). All others must be a minimum of 12 years old. Only designated Captain(s) shall operate the SpaCruzzi from the deck of the vessel; and shall use the SpaCruzzi in a safe and responsible manner, in accordance with any use restrictions provided by Evermore at the time the SpaCruzzi is rented.  A maximum of six (6) people with a maximum weight capacity of 950 lbs. may ride in a SpaCruzzi.  Other passengers are prohibited from taking control. 
    I Agree

  • I agree that no food or coolers of any kind are permitted on board the SpaCruzzi. I further acknowledge that the designated Captain must not be under the influence of alcohol, drugs, or any intoxicating substance at any time, nor may consume an alcoholic beverage while operating the SpaCruzzi.   
    I Agree
    
  • I acknowledge that the Captain(s) must be seated on the deck with a life jacket fully secured while driving and operating the SpaCruzzi in order to have full visibility of the bay and surrounding watercraft.
    I Agree

  • I acknowledge that SpaCruzzis must remain within approved lagoon boundaries and may not cross buoy lines, enter swim zones, or approach/dock at any location other than the designated launch/dock area.
    I Agree


  • I agree that all passengers must remain inside the SpaCruzzi vessel at all times while it is in operation. Exiting the SpaCruzzi to swim, wade, or enter the lagoon water is strictly prohibited under all circumstances.
    I Agree

  • I agree to operate the SpaCruzzi in a safe and respectful manner, maintaining a proper lookout for and yielding to swimmers, paddleboarders, kayakers, or other lagoon users. I also understand that reckless operation, horseplay, standing, jumping, diving, or unsafe behavior is strictly prohibited.
    I Agree

  • I acknowledge that use of hot tubs, including SpaCruzzis, involves exposure to heated water and other risks that may not be safe for individuals with certain health conditions, including but not limited to pregnancy, heart disease, high or low blood pressure, respiratory issues, diabetes, circulatory problems, or other medical concerns. I understand that use of the SpaCruzzi is not recommended for individuals who are pregnant or who have been advised by a medical provider to avoid heated water, strenuous activity, or similar environments. I represent and warrant that I (and any minors in my care) am in good health and physically able to safely participate. I assume full responsibility for consulting with my physician prior to use and for any risks to my health or the health of my child(ren), and I agree that I will exit the spa immediately if I experience discomfort, dizziness, nausea, headache, excessive fatigue, or any abnormal symptom and sit on the deck of the vessel. 
    I Agree

  • While seated and fully submerged in the heated water of the SpaCruzzi, life jackets are not required to be worn. However, any time a passenger sits up on or moves onto the outer edge or deck of the vessel, a life jacket must be immediately worn and properly secured. I understand that failure to comply with these safety requirements may result in immediate termination of the rental without refund. Each SpaCruzzi is furnished with six adult life vests and a throwing device stored in sidewall bins. All passengers bear responsibility for knowing the life jacket locations and may use them if necessary. I further acknowledge that having life jackets available does not eliminate the risk and may not reduce the risk of injury or death in the event of an accident. 
    I Agree

Assumption of Risk - The Guest acknowledges the use of the SpaCruzzi involves inherent risks, including the risk of injury or death. The Guest voluntarily assumes all risks associated with the use of the SpaCruzzi.

Release and Waiver of Liability - The Guest (“Releasor”) hereby releases, waives, and discharges Evermore, its officers, employees, and agents and their affilaites (collectively, the “Releasees”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Guest, Authorized Captain, Minor or any third party while using the SpaCruzzi.

Indemnification- The Guest agrees to indemnify and hold harmless Evermore from any and all claims, demands, actions, or causes of action, including attorney’s fees, arising out of or related to the Guest’s or Authorized Captain’s use of the SpaCruzzi.

Condition of SpaCruzzi - The Guest acknowledges that the SpaCruzzi is in good working condition at the time of rental. The Guest agrees to return the SpaCruzzi in the same condition, normal wear and tear excepted.

Damages - The Guest shall be responsible for any damage to the SpaCruzzi that occurs during the rental period referenced in paragraph 1 above. The Guest agrees to pay for any repairs or replacement costs resulting from such damage.  Evermore reserves the right to charge any damage charges to the Guest’s credit card presented at time of rental for any damages incurred.

Governing Law - This Agreement shall be governed by and construed in accordance with the laws of the state of Florida.

Entire Agreement - This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral.

I Agree

Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
First Participant's Name
First Name*
Last Name*
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*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
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*
Last Name*
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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