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BLU3, Inc.  dba SeaNXT Americas

SeaNXT Water Scooter Tour

Offered By Gold Coast Scuba

IMPORTANT – READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS! 

Swimming/snorkeling/diving with SeaNXT water scooters is a fun and exciting way to explore waterways and the shallow depths of the underwater world. As with any water or underwater adventure there are inherent risks that may result in serious illness, injury or death. 

On this water scooter tour, you will be supervised by a scooter tour leader. It is your responsibility to follow the rules set forth in these documents and to comply with the instructions of your scooter tour leader. 

We hope you have an enjoyable water scooter experience. In order to do so, please read the following sections carefully. Pay close attention to any accompanying training materials and follow the instructions of your tour leader throughout your water scooter tour. Have fun! 




NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. READ THIS CAREFULLY BEFORE SIGNING. PLEASE FEEL FREE TO CONSULT WITH LEGAL COUNSEL OF YOUR CHOICE BEFORE COMPLETING THIS AGREEMENT.  

If you are under the influence of alcohol or recreational drugs, unable to swim, prone to panic attacks, unable to exercise good judgment or you are unable to be responsible for you own safety and wellbeing, then you have a significant increase to risks of illness, injury and death while in the water and you should unconditionally refrain from participating in water scooter activities, swimming, or diving.

Participants must be at least 16 years of age to participate.

Assumption of Risk, Waiver, Liability Release, and Hold Harmless Agreement

Using a water scooter has inherent risks that may cause serious property loss, injury, illness and death. Each water scooter participant assumes these inherent risks regardless of experience, age or environment just as swimmers, snorkelers and scuba divers assume these risks in supervised and unsupervised settings, at pools, open water, around watercraft and other water hazards. In consideration of using SeaNXT equipment the PARTICIPANT expressly agrees to the terms and conditions of this Assumption of this Risk, Liability Release, Waiver and Hold Harmless Agreement, (herein referred to as AGREEMENT).

“PARTICIPANT” shall refer collectively to the following: each participant in a water scooter tour, each individual owner of SeaNXT equipment, each individual user of SeaNXT equipment, and any person who suffers loss in the form of property damage, illness, injury, or death, including but not limited to family, heirs, assigns, entities or anyone who may have a claim, cause of action, legal right or other remedy as a consequence of property damage, illness, injury, or death as a result of using SeaNXT equipment and/or participating in a water scooter tour. 

“RELEASED PARTIES” shall refer collectively to the following: Gold Coast Scuba, BLU3, Inc., SeaNXT Americas, SeaNXT, E-Clypse International SAS, Brownies Marine Group, Inc., Live Blue, Inc., including but not limited to their respective manufacturers, assemblers, distributors, retailers, service centers, boats (whether owned, operator, leased, or chartered), owners, employees, representatives, agents, independent contractors, affiliates, consultants, investors, insurers, assigns, successors, and any other person or entity that may be liable to PARTICIPANT for property damage, illness, injury or death as a result of using SeaNXT equipment and/or participating in a water scooter tour.

VOLUNTARY PARTICIPATION & INFORMED CONSENT: PARTICIPANT voluntarily and with informed consent chooses to participate in activities including water scooter tours using SeaNXT equipment, with the expressed understanding and assumption of the inherent risks of property damage, illness, injury and death associated with such activities. Furthermore, PARTICIPANT voluntarily agrees to provide personal information when completing paperwork to participate in a water scooter tour and authorizes RELEASED PARTIES free and unrestricted use of any and all images and videos of them taken during water scooter activities. 

I Agree

PARTICIPANT EXCLUSIVELY BEARS THE FOLLOWING RESPONSIBILITIES:

  • PARTICIPANT is responsible for their safety and wellbeing at all times while using SeaNXT equipment.
  • PARTICIPANT is responsible for having completed the SeaNXT Water Scooter Tour Assumption of Risk, Waiver, Liability Release and Hold Harmless Agreement.
  • PARTICIPANT is responsible for remaining within 3 meters / 10 feet of the tour leader at all times during a water scooter tour.
  • PARTICIPANT is responsible to ensure each SeaNXT user only uses the SeaNXT equipment as designed and expressly intended.
  • PARTICIPANT shall be exclusively responsible and liable for any injuries and damages caused by SeaNXT equipment.
  • PARTICIPANT is responsible for being a skilled and competent swimmer and represents to the RELEASED PARTIES that they are a skilled and competent swimmer.
  • PARTICIPANT is responsible for being medically, mentally and physically fit to participate in SeaNXT activities. 
  • PARTICIPANT is responsible for and agrees to pay for any emergency medical costs including but not limited to emergency transportation expenses.  

I Agree

ASSUMPTION OF RISK: Each PARTICIPANT using SeaNXT equipment expressly assumes full and complete risk of property damage, illness, injury and death as a result of use of RELEASED PARTIES equipment, failure to warn, inadequate instructions and/or supervision during water scooter tours. 

I Agree

WAIVER & RELEASE OF LIABILITY: PARTICIPANT expressly WAIVES and RELEASES the RELEASED PARTIES of all liability and responsibility whatsoever resulting in property damage, illness, injury or death due to negligence, including negligence by the RELEASED PARTIES, whether the negligent act(s) were passive or active, direct or indirect, to the fullest extent allowed by law, even if WAIVING and RELEASING the RELEASED PARTIES is socially unacceptable or generally against public expectations. By signing this AGREEMENT, the PARTICIPANT expressly, completely and unconditionally agrees not to sue the RELEASED PARTIES for negligence resulting in property damage, illness, injury or death. 

I Agree

HOLD HARMLESS & INDEMNIFICATION: PARTICIPANT agrees to HOLD HARMLESS and INDEMNIFY the RELEASED PARTIES from all claims, causes of action or lawsuits, arising from use of SeaNXT equipment, including but not limited to the SeaNXT water scooters. This AGREEMENT obligates PARTICIPANT to pay all costs to investigate, defend, pay judgments, court costs, attorneys’ fees, etcetera incurred by RELEASED PARTIES to enforce this AGREEMENT.

I Agree

LEGAL CONTRACT, GOVERNING LAW & SEVERABILITY: PARTICIPANT understands this AGREEMENT is a contract giving up legal rights. This AGREEMENT shall be in full legal force from the date signed into the future until all claims and legal action against the RELEASED PARTIES have been fully resolved. All legal actions arising as a result of this AGREEMENT shall be governed by the Laws of the State of Florida and the exclusive venue and jurisdiction of any legal action shall be Broward County, Florida. If any portion of this AGREEMENT is found to be unenforceable or invalid, then that portion shall be severed and the remainder shall continue in full legal force. Any digital completion, signature, confirmation or electronic format of this AGREEMENT shall have full legal force as if it was an original signed document. The PARTICIPANT voluntarily enters into this AGREEMENT based exclusively on the preprinted terms of the AGREEMENT without modification or relying on any other representations or assurances.

I Agree

PARTICIPANT has fully read, understands and agrees to be legally bound by this AGREEMENT. PARTICIPANT is at least 18 years old and competent to engage in this AGREEMENT or PARTICIPANT must have additionally have a Parent or Guardian complete and sign the RELEASE FOR MINORS. 

By signing this AGREEMENT, PARTICIPANT is giving up legal rights for themself and all others who may have a claim, on my or their behalf, against the RELEASED PARTIES as a result of property damage, illness, injury or death caused by SeaNXT equipment.

I Agree

RELEASE FOR MINORS (UNDER 18 YEARS OF AGE)

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN / PARENT. 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 SeaNXT Water Scooter Tour Operator, BLU3, Inc., SeaNXT Americas, SeaNXT, E-Clypse International SAS, Brownies Marine Group, Inc., Live Blue, Inc., (RELEASED PARTIES) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES 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 ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

If Participant is a Minor, by my signature, I release all claims that both they and I have for all activities with RELEASED PARTIES. 

Today's Date: September 23, 2024



First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
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*

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Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
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 or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*

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. Minors must be at least 16 years of age to participate. NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN / PARENT 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 EACH OF THE MINORS LISTED ABOVE (RELEASED PARTIES) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES 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 ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. If Participant is a Minor, by my signature, I release all claims that both they and I have for all activities with RELEASED PARTIES.



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*

Relationship*

Phone*
Parent or Guardian's 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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