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LAUDERDALE JET SKI ADVENTURES LLC d/b/a KEY WEST BOAT & JET SKI ADVENTURES PERPETUAL WAIVER AND RELEASE


(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)



In exchange for participation in the activity of Boating, paddle boarding, land and water activities organized by Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures 5016 5th ave key west fl 33040,and/or use of the property, facilities and services of Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures I, of,  agree for myself and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Lauderdale Jet Ski Adventures LLC DBA Key West Biat & Jet Ski Adventures , or the employees, representatives or agents of Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures 

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures for injury, loss or damage arising out of my or my family's use of or presence upon the facilities Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures , whether caused by the fault of myself, my family, Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures or other third parties.

3. INDEMNIFICATION. I agree to indemnify and defend Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures 

4. FEES. I agree to pay for all damages to the facilities of Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures caused by any negligent, reckless, or willful actions by me or my family.

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.

6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Lauderdale Jet Ski Adventures LLC DBA Key West Boat & Jet Ski Adventures has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

 

First Participant's Name

First Name*

Middle Name

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Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

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Second Participant's Date of Birth*
Third Participant's Name

First Name*

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

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Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

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Seventh Participant's Date of Birth*
Eighth Participant's Name

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

First Name*

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

First Name*

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Last Name*
Tenth Participant's Date of Birth*
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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

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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