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Participant Release, Waiver, and Assumption of Risk

WATER-BASED ACTIVITIES 


In consideration for being permitted to participate in water-based recreational activities, including but not limited to pontoon boat tours, kayak rentals (self-guided), and guided kayak tours (collectively, the “Water Activities”) provided by Black Prong Adventures LLC (“Black Prong Adventures”), I, on my own behalf or on behalf of my minor child (“Participant”), hereby agree as follows:

1. Voluntary Participation; Acknowledgment of Risk. Participation in Water Activities is entirely voluntary and at Participant’s own risk. I understand and acknowledge that Water Activities take place in natural and uncontrolled environments and involve inherent risks that may result in serious injury, permanent disability, drowning, or death. These risks include, but are not limited to i) drowning or immersion in water, ii) capsizing, tipping, or falling from a vessel or kayak, iii) collision with other vessels, docks, submerged or floating objects, iv) slips, trips, and falls while boarding, disembarking, or while on vessels, docks, or shorelines, v) exposure to weather, wind, waves, currents, and rapidly changing water conditions, vi) wildlife encounters, vii) delayed access to emergency or medical assistance and viii) acts or omissions of other participants or third parties. I knowingly and voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable.

2. Wildlife Acknowledgment. I understand and acknowledge that Water Activities may take place in natural bodies of water in Florida that are home to wildlife, including but not limited to alligators, snakes, turtles, fish, insects, and birds. Wildlife may be present in or near the water even if not visible, and interactions with wildlife can result in serious injury or death. I acknowledge that Black Prong Adventures does not control, monitor, remove, or relocate wildlife and makes no representations regarding the presence or absence of wildlife in any area used for Water Activities. I expressly assume all risks associated with wildlife encounters.

3. Safety Equipment; Participant Representations. I represent and agree that i) neither I nor the Participant has any medical condition that would make participation in Water Activities unsafe, except as disclosed to Black Prong Adventures in writing prior to participation, and that I and/or the Participant are physically capable of participating in Water Activities, ii) unless otherwise disclosed in writing prior to participation, I and/or the Participant are able to swim, iii) U.S. Coast Guard–approved personal flotation devices (life jackets) must be worn by all participants at all times while on the water. Life jackets may only be removed if expressly authorized by the Captain or guide in a controlled setting during a boat tour, and only for the duration and purpose approved by the Captain or guide, and iv) I will comply at all times with all instructions, rules, and directions issued by the Captain, guide, crew members, or other Black Prong Adventures staff for my safety and the safety of others. I understand that failure or refusal to follow safety instructions or rules may result in immediate removal from the Water Activity without refund.

4. Guided vs. Self-Guided Activities. I understand and acknowledge that i) Guided Water Activities do not eliminate inherent risks and do not constitute a guarantee of safety, ii) Self-guided kayak rentals are undertaken entirely at my own discretion and judgment, iii) Black Prong Adventures makes no representations or warranties regarding water conditions, weather, routes, currents, or the suitability of equipment for any particular purpose.

5. No Lifeguard or Medical Services; Limited Emergency Assistance and Authorization. Participant understands and acknowledges that Black Prong Adventures does not provide lifeguard services, rescue services, or medical care, and that participation in Water Activities occurs in environments where access to emergency medical services may be delayed. Participant understands that, in the event of an emergency, Black Prong Adventures guides or staff may, but are not required to, provide limited emergency assistance, including basic first aid and, where appropriate, administration of epinephrine in any available form or delivery method, if available. Participant acknowledges that such assistance is voluntary, discretionary, and not a substitute for professional medical care. Participant hereby expressly authorizes Black Prong Adventures staff or guides to administer emergency first aid and/or epinephrine to the Participant, the Participant’s minor child, or any member of Participant’s party, in the event of a suspected or perceived medical emergency, and to contact emergency medical responders as deemed appropriate. Participant agrees to assume all risks associated with such emergency assistance and to release and hold harmless the Releasees from any claims arising out of or related to the provision or non-provision of emergency first aid or epinephrine administration, except to the extent prohibited by law. Participant further agrees to assume all costs associated with emergency medical treatment, transportation, or related care.

6. Responsibility for Equipment and Property. I accept full responsibility for the care, custody, and control of any equipment provided in connection with the Water Activities, including vessels, kayaks, paddles, motors, life jackets, and accessories. I agree to be financially responsible for any damage, loss, or theft of such equipment caused directly or indirectly by me or the Participant.

7. Release and Waiver of Liability. To the fullest extent permitted by Florida law, I, for myself and/or the Participant, and our respective heirs, next of kin, dependents, representatives, executors, administrators, successors, and assigns, HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS Black Prong Adventures LLC, Black Prong Equestrian Village LLC, 6851 LLC, 0951 LLC, their affiliated entities, and their respective members, managers, officers, employees, volunteers, agents, and property owners (collectively, the “Releasees”) from any and all claims, demands, causes of action, damages, losses, costs, or expenses of any nature whatsoever, including attorneys’ fees, arising out of or related to participation in the Water Activities, including claims arising from the negligence of the Releasees, except to the extent prohibited by law.

8. Indemnification. I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or related to my or the Participant’s participation in the Water Activities, including claims brought by third parties and claims arising from my or the Participant’s acts or omissions.

9. Minor Participants. If signing on behalf of a minor, I certify that I am the parent or legal guardian of the Participant and that I consent to the minor’s participation in the Water Activities. I agree to all terms of this Release on behalf of the minor and myself.

10. Acknowledgment and Execution. I acknowledge that I have carefully read this Release, fully understand its contents, and understand that I am giving up substantial legal rights, including the right to sue. I sign this Release freely and voluntarily.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
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Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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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*
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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