LIABILITY WAIVER, ASSUMPTION OF RISK, AND RELEASE
Scilla Marine LLC
By signing this document, I acknowledge and agree to the following terms and conditions as a participant in boating and recreational water activities operated by Scilla Marine LLC.
Covered Vessels
This waiver applies to all activities involving any vessel owned, operated, managed, or used by Scilla Marine LLC, including but not limited to the following vessels:
Vessel Name: Private Party Make / Model: 2020 Sea Hunt Game Fish 27 State Registration: FL5329SZ Hull Identification Number (HIN): SNSN0075A020
Vessel Name: Sea Turtle Make / Model: 1971 Gibson 30 State Registration: FL2893UB Hull Identification Number (HIN): MCZ846480183
Vessel Name: Beachcat 26 Make / Model: 2020 Beachcat Saltwater Pontoon 26 State Registration: FL2529UD Hull Identification Number (HIN): BHT488BCH920
This agreement applies regardless of which vessel I board, use, or am otherwise exposed to during my participation.
Assumption of Risk
I understand that boating and recreational water activities involve inherent risks that may result in personal injury, illness, property damage, or death. These risks include, but are not limited to: vessel movement, wakes and waves, weather conditions, collisions, mechanical failure, slips or falls, boarding and disembarking, swimming, exposure to sun and water, marine wildlife, alcohol consumption, actions of other passengers, and other foreseeable or unforeseeable hazards associated with waterborne activities.
I knowingly, voluntarily, and freely assume all such risks, whether known or unknown, foreseeable or unforeseeable, even if arising from the ordinary negligence of Scilla Marine LLC or its owners, officers, employees, agents, contractors, or affiliates.
Release of Liability
In consideration for being permitted to participate in activities provided by Scilla Marine LLC, I hereby release, waive, discharge, and covenant not to sue Scilla Marine LLC, its owners, officers, employees, agents, contractors, affiliates, successors, or assigns from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind arising out of or related to my participation, including claims based on ordinary negligence.
This release applies to any injury, illness, death, or property damage sustained by me during or related to my participation, regardless of the vessel involved.
Indemnification
I agree to indemnify, defend, and hold harmless Scilla Marine LLC from any claims, demands, damages, losses, liabilities, or expenses, including reasonable attorney’s fees, arising out of my actions, conduct, or participation, including claims brought by third parties.
Alcohol and Passenger Conduct
I acknowledge that alcohol consumption may occur during the activity. I accept full responsibility for my conduct and agree to consume alcohol responsibly, if at all. I understand that Scilla Marine LLC may prohibit alcohol, restrict consumption, or take other action as necessary to ensure safety.
Crew Authority and Safety Compliance
I acknowledge and agree that the captain and crew of Scilla Marine LLC have full and absolute authority over all passengers, the vessel, and all activities at all times. I agree to follow all verbal and written instructions given by the captain or crew, including safety briefings, seating assignments, movement restrictions, and conduct guidelines.
I understand that the captain has sole discretion to deny boarding, restrict activities, alter the route, end the trip early, or remove any passenger whose behavior is deemed unsafe, disruptive, impaired, non-compliant, or poses a risk to themselves, other passengers, the crew, or the vessel.
I agree that failure to comply with crew instructions or safety rules may result in my removal from the vessel at the nearest safe location or termination of the trip, without refund, compensation, or liability to Scilla Marine LLC. I acknowledge that the captain’s decisions are final and made in the interest of safety, navigation, and compliance with applicable maritime laws and regulations.
No Refund Acknowledgment
I acknowledge and agree that no refunds, credits, or compensation will be issued if my participation is denied, limited, delayed, altered, or terminated due to safety concerns, weather conditions, mechanical issues, navigational requirements, compliance with maritime laws, or my failure to follow crew instructions or conduct requirements.
I further understand that removal from the vessel, denial of boarding, or early termination of the trip due to unsafe, disruptive, or impaired behavior will result in forfeiture of all fees paid, without refund or compensation, and without liability to Scilla Marine LLC.
Medical Acknowledgment
I understand that Scilla Marine LLC does not provide medical care and that emergency medical services may be limited or delayed while on the water. I assume full responsibility for any medical needs that may arise during or after my participation.
Photography and Media Release
I grant permission to Scilla Marine LLC to use photographs or video recordings of me taken during the activity for marketing, promotional, or social media purposes, without compensation. I understand that I may request removal of specific images in writing.
Legal Capacity and Minors
I affirm that I am at least 18 years of age and legally competent to sign this agreement. If signing on behalf of a minor, I represent that I am the parent or legal guardian and consent to the minor’s participation, acknowledging that liability waivers involving minors may be limited under Florida law.
Governing Law and Venue
This agreement shall be governed by the laws of the State of Florida. Any legal action arising out of this agreement shall be brought exclusively in a court of competent jurisdiction located in Florida.
Acknowledgment and Acceptance
I acknowledge that I have carefully read this agreement, understand its contents, and voluntarily agree to be bound by its terms. I understand that by signing this document, I am waiving certain legal rights.
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