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EMERALD COAST ISLAND EXCURSIONS AGREEMENT- WAIVER AND RELEASE OF LIABILITY




This Pontoon Boat Agreement is made by and between The Official Emerald Coast Island Excursions LLC and the Rider identified below and is effective as of the date of the signature of the Renter.

1. Rules of the Pontoon Boat and Equipment
Rider agrees that all equipment, including the Pontoon Boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety flares/whistle (hereinafter collectively referred to as the "Pontoon Boat equipment") is being used for transport with safety always in mind, and in accordance with ALL of the following rules: A. Rider shall obey all federal, Florida, and local laws, ordinances, rules or regulations with respect to being passengers on the pontoon boat and respect the equipment and shall obey all lawful directives of the Emerald Coast Island Excursions LLC Captain, emergency or law enforcement personnel while on the Pontoon Boat or using any of the equipment. B. Rider shall not, at any time, dangle their legs off the sides of the pontoon boat. This is against the law and dangerous. C. Rider shall secure all personal items before the Pontoon Boat begins moving. D. Rider shall be financially responsible for all lost or damaged equipment, at replacement cost. E. Rider shall not throw trash or litter from Pontoon Boat, into the water or otherwise, and acknowledges that they may be in environmentally sensitive areas. All trash or litter must be secured to keep it from accidentally falling into the water and upon the end of the trip, all trash and litter shall be deposited in the appropriate trash receptacle.

2. Acknowledgements and Agreements.
By executing this Pontoon Boat Trip Agreement undersigned Rider acknowledges and agrees that: A. Rider has read and fully understood all the rules associated with the Pontoon Boat and Equipment, the Warnings, Assumption of Risk, and the Waiver and Release of Liabilities included in this Agreement and agrees to be bound thereby, B. Rider acknowledges and agrees that he or she has the requisite skills, physical abilities, and mental abilities, including swimming skills, necessary for the proper and safe trip in the Pontoon Boat. C. Rider is personally liable for any injury or damage caused to others or their property while on the Pontoon Boat or while on or near the vicinity of Emerald Coast island Excursions LLC. D. Rider agrees to wear a properly fitted and fastened U.S. Coast Guard approved floatation device (lifejacket) while aboard the Pontoon Boat or on or in the water. E. Emerald Coast Island Excursions LLC is not liable for the loss or damage to the personal property of the Rider.

3. Warnings
In consideration of the transfer in the Pontoon Boat equipment and the property, facilities and/or services of Emerald Coast Island Excursions LLC, the undersigned Rider acknowledges the following warning:

WARNING: There are significant element of risk in any adventure sport or activity on the water or associated with the use or presents of water craft including but not limited to Pontoon Boats and their related equipment. These risks are inherent in boating mand may be present even if the pontoon boat equipment is used properly and even in still water. The rider understands and acknowledges that the pontoon boat equipment involve risks such as, but not limited to, the following: (a) changing water flow, conditions or current. (b) collision with other participants, any portion of the interior of the craft, other watercraft, manmade or natural objects, including overhanging submerged and/or semisubmerged trees, branches, rocks and boulders; (c) cold weather and heat related injuries and illnesses including hyperthermia, frostbite, heat exhaustion, sun stroke, and dehydration; (d) Inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals: (e) sense of balance, physical coordination, ability to swim, and for ability to follow directions; (f) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, Injury, exposure to the elements, hypothermia and drowning; (g) injury while getting in and out of the craft: (h) travel, including hiking, portaging and travel to and from the related and unrelated activities; (i) the presence of wild animals, Including marine life forms, (j) unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended, and shall not be construed as all of the possible risks associated with the use of the Pontoon Boat equipment.

4. Assumption of Risk
Based upon the warnings above and Rider's acknowledgement of the inherent risks of being transported to and from said location in a Pontoon Boat and the Pontoon Boat equipment, and that some or all of those risks may be unavoidable even with reasonable care in the transport on the Pontoon Boat and Pontoon Boat's equipment, by executing this agreement, the Rider expressly assumes all risks that arise from transport on the Pontoon Boat or Pontoon Boat equipment, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors or circumstances related to the transport on the Pontoon Baat and Pontoon Boat equipment. To explicitly acknowledge the Rider's assumption of risk, Rider shall place their initials here: 


5. Waiver and Release of Liability
The undersigned Rider, based upon the warnings and understanding of risks, and predicated in part upon the acknowledgements and assumption of risks described above, does hereby waive, release and discharge Emerald Coast Island Excursions LLC, its officers, agents, employees, successors and assigns, from any and all claims or liability arising from the trip in the Pontoon Boat or the Pontoon Boat equipment, or use of the Emerald Coast Island Excursions LLC's property, facilities, services or activities organized or sponsored by Emerald Coast Island Excursions, LLC and agrees that it shall not sue them on account or in connection with any claims, causes of action, injuries, damage, cost of expenses arising therefrom, whether arising from the negligence or strict liability, and regardless of the participation of a third party in the causation of any such injuries, damages, or liability, but excluding claims which arise from gross negligence or willful misconduct on the part of Emerald Coast Island Excursions, LLC. Rider acknowledges that this wavier and release includes the waiver of future, unknown claims. To explicitly acknowledge the Rider's waiver and release of liability, Rider shall place their initials here: 


6. Indemnity
The undersigned Rider agrees to indemnify and defend, Emerald Coast Island Excursions, LLC from any and all claims made by or for the Rider, or any other third party, arising out of the transport on the Pontoon Boat or Pontoon Boat equipment and rider shall hold Emerald Coast Island Excursion, LLC and its officers, employees, landlords and agents (each, an "Indemnitee”) harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise the undersigned Riders use on the Pontoon Boat and Pontoon Boat equipment, which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of an Indemnitee, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the gross negligence or willful misconduct of Emerald Coast Island Excursions, LLC. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise. To explicitly acknowledge the Rider's agreement of indemnity, Rider shall place their initials here:


In Witness Whereof, the undersigned Rider has read, understands and agrees to be legally bound to this Pontoon trip Rental Agreement- Waiver and Release of Liability, realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself and his or her heirs, assigns and legal representatives

Date: July 8, 2024

First Rider's Name

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First Rider's Age Acknowledgment*
First Rider's Date of Birth*
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First Rider's Signature*
Second Rider's Name

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

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Fourth Rider's Name

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

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Sixth Rider's Name

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Seventh Rider's Name

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Eighth Rider's Name

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Ninth Rider's Name

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Tenth Rider's Name

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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.
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 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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