I do understand and agree that by signing this document I am voluntarily giving up valuable legal rights that might otherwise be enforceable by myself and by any minor or ward participant in any court of law PREAMBLE: 1. Wherever used within the following provisions, the words “I,” “me,” “my,” “mine,” “myself,” “participant,” “the participant,” and “guest” include me, individually, and my survivors, children, wards, heirs, Personal Representatives, executors, trust(s), trust beneficiaries, curators of assets or estate, guardians, and assigns. 2. Wherever used within the following provisions, the terms, “Owner” or “Host” collectively refer to and include, FURY MANAGEMENT, INC. (Sometimes called “Fury” or “Fury Management”), KEY WEST CONCEIRGE, INC., GRM ENTERPRISES, INC., and KEY WEST INFORMATION CENTER (including but not limited to Caribbean Fury, Inc., Fury Atlantic, Inc., Fury Catamarans, Inc., Island Catamarans, LLC, Key West Fury, Inc., and Reef Express Key West, LLC), and all their respective owners, officers, directors, partners, shareholders, affiliates, agents, captains, crewmembers, employees, successors and assigns, and all of their respective vessels, IN REM. 3. Wherever used within this document, the word “equipment” means the vessel furnished by the Host to the Participant, as well as all activity related accessories or items of personal property furnished or made available by the Host to the Participant, whether provided free of charge and included within the basic rental or ticket price or furnished by the Host at an additional charge. 4. Wherever used within this document, the words “facility,” “facilities,” or “premises” shall mean the Host’s business premises, including but not limited to sales booths and their adjacent areas, assembly and instruction areas, docks, boarding and disembarkation equipment and areas, the Host’s vessels, and all other properties or places furnished or provided by the Host for the Participant’s occupation, access, or use. 5. Wherever used within this document, the words “activity,” “activities,” “the activities,” “pursuit” and “the pursuits” refer to and include boarding and leaving vessels, travel upon vessels, and the operation and maintenance of vessels, and including participation in guided tours or other activities conducted by or made available by the Host (including all forms of instruction or training provided by the Host). 6. In executing this Release of Liability, Express Assumption of Risk, Waiver of Claims and Legal Causes of Action and Indemnity Agreement, I do fully understand that there are foreseen and unforeseen risks inherent in (1) my boarding and leaving the Host’s vessels and equipment and my occupation of, riding aboard, and being aboard the Host’s vessels and equipment, and (2) instruction and training provided by the Host and my participation in the activities conducted or made available to me by the Host, including all my usage of the Host’s vessels, accessories, items, and equipment. These risks arise from the nature of the activities participated in (to include boarding, being aboard, and leaving the Host’s vessels and equipment, and activities necessary and inherent to participating in swimming, snorkeling, kayaking, and paddle boarding), from the ever changing environmental, weather, wind and sea conditions, harm caused by marine wildlife (including physical exposure to the marine environment, marine organisms, stings and bites), acts, errors or omissions of the Host, captain, crewmembers, and employees, and from other causes (herein too numerous and variable to list) and these risks include, but they are not limited to, loss or damage to property, bodily injury, severe bodily injury, drowning, near drowning, death, including all consequential damages and special damages. 7. I represent to the Host that I can swim and snorkel in the open ocean without assistance. If I cannot swim and snorkel in the open ocean without assistance, I agree to remain on the vessel at all times. I agree and understand that the Host will not teach me how to swim or assist me in snorkeling. I acknowledge that the areas in which I will swim and snorkel are too deep to stand and that I must be able to swim and snorkel in the open ocean without assistance. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING AND SNORKELING IN THE OPEN OCEAN, AND PARTICIPATING IN KAYAKING AND PADDLE BOARDING ACTIVITIES, including, but not limited to, equipment failure, perils of the sea such as wind, current, waves, sun exposure, ingestion of salt water, depth of the water, increased pressure at depth, harm caused by living marine creatures (including bites and stings), objects in the marine environment, acts of fellow participants, entering and exiting the water from a floating/moving vessel and boarding and disembarking the vessel and I EXPRESSLY ASSUME ALL RISKS. I understand that swimming and snorkeling are physically strenuous activities during which I will be exerting myself and that there are risks of injury, damages, impairment, incapacity, or death as a result of, among other things, heart attack, panic, hyperventilation, swallowing water, drowning and trauma from collisions with a vessel or other objects in the ocean and I EXPRESSLY ASSUME ALL RISKS. I agree that I will not participate in any swimming or snorkeling activity and will remain on the vessel if I am currently suffering from a cold or congestion or have an ear infection, if I have a history of seizures, dizziness or fainting, if l have a heart condition (e.g., cardiovascular disease, angina, heart attack), if I have respiratory problems such as emphysema, asthma or tuberculosis, if l am currently taking medication that does or may impair my physical or mental abilities or if I have any other ailment or disability that limits my ability to swim or snorkel in open water safely. I affirm that I have no ailment or disability that would limit my ability to safely board and ride on the vessel, and to safely swim and snorkel in the open ocean. 8. I fully understand that the Host’s vessel(s) do not have medical facilities and do not have on board a medical doctor, nurse, or paramedic. In the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I understand and accept the risk that there will be a delay in receiving treatment from emergency medical services and that such delay could result in serious harm or death. The Host has made no representation to me, implied or otherwise, that Host can or will successfully perform rescue or render first aid or other assistance. If the Host does attempt to render rescue, first aid or other assistance to me, I will not hold the Host liable for such actions, even if such rescue, first aid or other assistance is rendered negligently or grossly negligently. 9. I fully understand that ALCOHOL CANNOT BE CONSUMED PRIOR TO PARTICIPATING IN ANY ACTIVITY. I agree that I will not participate in any activity, after consuming any alcoholic refreshments, and will remain on the vessel, once any included post-activity refreshments are served.
I AGREE TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY. I AGREE TO SUPERVISE, AND I ASSUME ALL RESPONSIBILITY FOR THE CARE AND SAFETY OF ANY MINOR OR WARD PARTICIPATING IN RECREATIONAL WATER ACTIVITIES WITH ME OR WHO IS OTHERWISE WITHIN MY CARE AND RESPONSIBILITY In consideration of me being allowed (1) to use the Host’s facilities and equipment, and (2) to be allowed to be aboard and participate in vessel and recreational water activities made available by the Host, I (the Participant) hereby agree, TO THE FULLEST EXTENT ALLOWED BY LAW, as follows: 1. I HEREBY WAIVE ALL CLAIMS AND LEGAL CAUSES OF ACTION IN CONTRACT AND IN TORT (INCLUDING PRODUCT LIABILITY) for property damage, bodily injury, and death (WHETHER CAUSED WHOLLY OR IN PART BY THE HOST’S NEGLIGENCE OR GROSS NEGLIGENCE, BREACH OF WARRANTY OR BREACH OF CONTRACT) that I have or may have, now or in the future, against the Host arising either from my (the Participant's) occupation or use of the Owner’s facilities, vessels, or premises and my use of any accessories, items and equipment provided by the Host, from my participation in any activities conducted or made available to me by the Host, and from any and all circumstances, actions or conduct that is characteristic of, intrinsic to or an integral part of participating in the activities. This specifically includes, but is not limited to, claims that may arise from or during any instruction or training furnished or conducted by the Host. 2. I EXPRESSLY ASSUME ALL RISKS of loss or damage to property, bodily injury, severe bodily injury, drowning, near drowning and death arising from my occupation or use of the Host’s facilities, vessels, or premises; or from my participation in the activities furnished or made available by the Host; or in my using the equipment made available to me or provided by the Host; or from my participation in any training or instruction provided by the Host. This Assumption of Risk specifically includes all my loss, damage to property, bodily injury, or death caused wholly or in part by the Host’s own negligent or grossly negligent acts or omissions, breach of warranty or breach of contract. I consent to this express assumption of risk both knowingly and voluntarily. 3. I FOREVER RELEASE the Host, and its respective owners, officers, directors, partners, shareholders, affiliates, agents, operators, captains, crewmembers, employees, successors and assigns, and all of their respective vessels, IN REM from all legal liability, in contract and in tort, for any and all loss, injury, damage, death, consequential damages or special damages suffered by me (“Participant”) and arising from my occupation or use of the Host’s facilities, vessels, or premises; or my use of the Host’s equipment; or my participation in the instruction or training of, and activities conducted or made available to me by the Host. This Release specifically includes but is not limited to loss or damage to property, bodily injury, severe bodily injury, drowning, near drowning, death, consequential damages and special damages that I may suffer while receiving instruction and training from the Host. I (“Participant”) fully understand that by executing this Release, I am forfeiting my legal right to recover monetary damages from the Host (in contract and in tort) even if my bodily injury, severe bodily injury, loss or damage to property, drowning, near drowning or death is caused wholly or in part by the Host’s negligence, gross negligence, breach of warranty or breach of contract. 4. I SHALL INDEMNIFY AND HOLD THE HOST HARMLESS for all losses or claims against the Host and arising from any property loss or damage, bodily injury or death (including special and consequential damages) that I (“Participant”) may suffer, arising out of my use of the Host’s facilities, vessels or premises, and equipment provided to me by the Host or through my participation in the activities conducted or made available to me by the Host, including property loss or damage, bodily injury, or death (including consequential and special damages). I understand and agree that this promise to indemnify the Host is valid and enforceable even if my property loss or damage, bodily injury, or death is caused wholly or in part by the negligence, gross negligence, breach of warranty or breach of contract by the Host, including its owners, officers, directors, partners, shareholders, affiliates, operators, agents, captains, crewmembers, employees, successors and assigns. 5. I SHALL INDEMNIFY AND HOLD THE HOST HARMLESS for and against any and all claims or lawsuits (whether based in contract or in tort) for property loss or damage, bodily injury or death (including consequential and special damages) caused to or suffered by other third party persons or entities which arise directly or indirectly from my use of the Host’s facilities, vessels, or premises, and equipment provided or rented to me by the Host or my participation in the activities conducted or made available to me by the Host. This specifically includes, but is not limited to claims, losses, causes of action, lawsuits and liability of every conceivable kind arising from or related to environmental damage. I understand and agree that this agreement to indemnify and hold the Host harmless is valid and enforceable even if the loss, injury, damage or death is caused wholly or in part by the negligence, gross negligence, breach of warranty or breach of contract by the Host, including its owners, officers, directors, partners, shareholders, affiliates, operators, agents, captains, crewmembers, employees, successors and assigns, and all of their respective vessels, IN REM. 6. I FURTHER INTEND THE FOREGOING WAIVER OF ALL CLAIMS (Paragraph 1); ASSUMPTION OF RISK (Paragraph 2); RELEASE (Paragraph 3); and INDEMNITY AND HOLD HARMLESS (Paragraphs 4 & 5) shall apply to and be equally enforceable against me in all claims or causes of action which may arise from the Host’s alleged negligent or grossly negligent hiring, supervision or retention of personnel, or selection or retention of subcontractors, including all operators, agents, captains, crewmembers, employees, and all claims or causes of action that I may hereinafter allege against the Host for supervision of my conduct or the conduct of others, whether arising within or outside the scope of the above described “activities.” Photography/Video Release The Undersigned Participant hereby grants the Host, its representatives, and employees the right to take photographs and video of Participant and to use the Participant’s name in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use Participant’s name and photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content. Personal Responsibility The Undersigned Participant certifies that he/she has no physical or mental condition that precludes him/her from participating in the activities and that he/she is not participating against medical advice. The Undersigned Participant understands that his/her participation in the activities is voluntary and further understands that he/she has the opportunity to inspect the Host's equipment, facilities, and vessels before any participation. The Undersigned Participant understands that he/she is obligated to follow the rules of the activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of COMMON SENSE and by being aware of his/her surroundings. If, while participating in the activities, the Undersigned Participant observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the activities and immediately bring said hazard or condition to the Host’s attention. To the extent any portion of this Release of Liability, Express Assumption of Risk, Waiver of Claims and Legal Causes of Action and Indemnity Agreement is deemed to be invalid under the law of the applicable jurisdiction, all of the remaining portions of this Agreement shall remain legally binding and available for use by the Host and its legal counsel to the fullest extent allowed by law in any legal proceeding. IF YOU ARE THE PARENT OR GUARDIAN OF A CHILD (ANY PERSON UNDER 18 YEARS OLD) OR A PARENT OR GUARDIAN OF ANY ADULT WARD, YOU MUST READ AND COMPLETE THE FORM FOR THE CHILD OR WARD TO PARTICIPATE IN ACTIVITIES MADE AVAILABLE BY THE HOST
NOTICE TO THE MINOR CHILD'S OR WARD’S PARENT OR GUARDIAN ***(READ THIS FORM COMPLETELY AND CAREFULLY)*** YOU ARE AGREEING TO LET YOUR MINOR CHILD OR WARD ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES. YOU ARE AGREEING THAT EVEN IF THE HOST USES REASONABLE CARE IN PROVIDING THE ACTIVITIES THERE IS A CHANCE YOUR CHILD OR WARD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT TO THE ACTIVITIES WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S OR WARD’S RIGHT AND YOUR RIGHT TO RECOVER DAMAGES FROM THE HOST FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR WARD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE INHERENT TO AND A NATURAL PART OF THE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE HOST HAS THE RIGHT TO REFUSE TO LET YOUR CHILD OR WARD PARTICIPATE IN ACTIVITIES IF YOU DO NOT SIGN THIS FORM.
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