WAIVER AND RELEASE OF LIABILITY
FOR ANY INJURY OR DEATH AND ASSUMPTION OF RISKS Please read this document carefully
This document must be signed by an adult of at least eighteen years of age The individual named below desires: (a) to use or be granted access to SharkBait Divers DBA AquaLife. (“Boat”) owned or operated by SharkBait Divers DBA AquaLife. or such other entity or entities which may be owned, directly or indirectly, by SharkBait Divers DBA AquaLife.; (b) to participate in scuba diving trips, snorkeling, scuba camps, and /or other types of events (collectively, “Events”) which may take place on the Boat or are otherwise sponsored by or involveSharkBait Divers DBA AquaLife. or SharkBait Divers DBA AquaLife officers, directors, employees, contractors, agents, landlords and property managers (together with AquaLife Divers Inc., collectively, “Released Parties”); and/or (c) to engage in scuba diving, snorkeling, other water/boating activities, spearfishing dive trips, or any of the various other types of activities (collectively, “Activities”) which may take place on the Boat or are otherwise sponsored by or involve AquaLife Divers. or any of the other Released Parties. All references to the “Boat” throughout this Waiver and Release of Liability For Any Injury Or Death And Assumption Of Risks (“Release”) includes marina, boat dock, and spaces on the Boat, the exterior of the Boat, and the parking lot of the Boat. For purposes of this Release only, I agree that the “Events” and “Activities” span from the time that I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of that Event or Activity, as the case may be. In consideration for AquaLife Divers. permitting me to use the SharkBait Divers DBA AquaLife Dive Boat to participate in the Events and/or to engage in the Activities, I have agreed to execute this Release. A. I WAIVE AND RELEASE SharkBait Divers DBA AquaLife. FROM MY DEATH AND ANY INJURY, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF ANY USE OF THE BOAT, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES: I agree to release and discharge SharkBait Divers DBA AquaLife. and the other Released Parties from my death and from and against any and all past, present, or future injuries, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of the Boat; (ii) the participation in Events sponsored by or involving the Boat, SharkBait Divers DBA AquaLife. or any of the other Released Parties; (iii) the engagement in the Activities sponsored by or involving the Boat, SharkBait Divers DBA AquaLife. or any of the other Released Parties; (iv) the interaction with any of the Released Parties; or (v) the placement in the care, custody or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims, and liabilities of any nature whatsoever, such as losses, damages, expenses, actions, claims and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties.
B. I ASSUME THE RISK OF INJURIES OR DEATH ASSOCIATED WITH THE USE OF THE BOAT, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:
In addition to my waiver and release of the Released Parties from any loss, damage, expense, action, claim, liability, injury or death, I understand that there are significant elements of risk associated with participation in the Events and engagement in the Activities that may be sponsored by or otherwise involve the Boat, SharkBait Divers DBA AquaLife. or any of the other Released Parties. Certain risks cannot be eliminated without destroying the unique character of the Events or the Activities. The same elements that contribute to the unique character of the Events and the Activities can be causes of accidental injury, illness, or in extreme cases, permanent disability, trauma or death. I acknowledge that using the Boat, participating in the Events and engaging in the Activities sponsored by or involving the Boat, SharkBait Divers DBA AquaLife. or any of the other Released Parties involves certain risks, inherent or otherwise, including the risk of death or serious personal injury, regardless of whether I follow the SharkBait Divers DBA AquaLife. safety instructions or recommendations, such as those pertaining to Boat rules and regulations, or involving my choice of diving equipment to use or whether or not to use any other safety device. I agree to assume all such risks, as well as any other risks involved in using the Boat, participating in Events, and/or engaging in the Activities sponsored by or involving SharkBait Divers DBA AquaLife. or any of the other Released Parties. C. I AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE RELEASED PARTIES:
I further agree to indemnify, hold harmless and defend the Released Parties from and against any and all loss, damage, liability, claim and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Boat, participating in Events, and/or engaging in Activities sponsored by or involving SharkBait Divers DBA AquaLife. or any of the other Released Parties, including any loss, damage, liability, claim and expense arising out of AquaLife Divers Inc.’s own negligence. I understand that this Section means that I will have to reimburse SharkBait Divers DBA AquaLife. for any losses, damages, liabilities, claims, costs, attorneys’ fees or expenses sustained by SharkBait Divers DBA AquaLife. as a result of my using the Boat, participating in Events, and/or engaging in Activities sponsored by or involving SharkBait Divers DBA AquaLife. or any of the other Released Parties. D. I WAIVE MY RIGHT TO A JURY TRIAL AND CONSENT TO CHOICE OF LAW, ETC.:
I SPECIFICALLY WAIVE (AND SharkBait Divers DBA AquaLife., BY ITS ACCEPTANCE HEREOF WAIVES) THE RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT BY OR AGAINST SharkBait Divers DBA AquaLife. OR ANY OF THE OTHER RELEASED PARTIES. The laws of the State of Florida shall govern the rights and obligations of the parties to this Release and the interpretation, construction and enforceability of this Release. If any dispute shall arise between me and either SharkBait Divers DBA AquaLife. or any of the other Released Parties, I agree that any lawsuit brought by or on behalf of me against any Released Parties shall be brought solely in a federal or state court located in the state where the Boat is located or where an Event or Activity took place. This Release shall be effective upon my execution hereof and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as I or (if applicable) my child or such other below-named “Participant” use the SharkBait Divers DBA AquaLife Boat, participate in an Event, and/or engage in an Activity sponsored by or involving SharkBait Divers DBA AquaLife. or any of the other Released Parties. E. I PERMIT THE USE OF MY LIKENESS:
I acknowledge and agree that SharkBait Divers DBA AquaLife. reserves the right to use any photograph taken at the Boat, during Events, or in connection with any of the Activities involving SharkBait Divers DBA AquaLife. or any of the other Released Parties in connection with SharkBait Divers DBA AquaLife.’s promotional materials, brochures and website. I HAVE READ AND I UNDERSTAND THE FOREGOING ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR ANY INJURY OR DEATH. I UNDERSTAND THAT BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
By checking this box I agree to have read and agree to the legal agreement above.
Today's Date: December 10, 2024
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