Loading...

CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND
LIABILITY WAIVER AND RELEASE AGREEMENT


IN CONSIDERATION of being permitted to participate in the charter/rental provided by Daily Boat Rental, Marina One, Inc., William Foster, LLC and Vortex, L.L.C. for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns:

ACKNOWLEDGEMENT OF RISKS

I fully acknowledge that some, but not all of the risks of participating in the charter/rental in which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; changing water flows, tides, currents, wave action and wakes (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing, sinking or other hazard which result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness, or death resulting from insects, animals or marine life forms: (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet; (9) collision with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects.

 


I specifically acknowledge I have been given instructions/training in the safe use of the type of equipment used during this charter/rental to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter/rental which I am about to engage.

 


I understand that past or present medical conditions my be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness ( e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions ( e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems  (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.

 


CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

I fully agree to assume all responsibility for all the risks of the charter/rental to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/Our participation in the charter/rental is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW. I further agree to wear a US Coast Guard approved personal flotation device ( life jacket) while participating in the activity of or riding in any watercraft.

 


This Agreement shall be governed by the laws of the United States. Any legal action relating to or arising out of this agreement against or with respect to Daily Boat Rental, Marina One, Inc., William Foster, LLC and Vortex, L.L.C. shall be commenced exclusively in the United States.  Any legal action relating to or arising out of this Agreement against or with respect to any of it Daily Boat Rental, Marina One, Inc, William Foster LLC or Vortex, L.L.C. affiliated or related companies shall be commenced exclusively in the Circuit Courts in and for Broward County, Florida. I agree that I will reimburses in full any attorney fees incurred by the assured or their insurers to defend any legal action under this agreement.

 


I HEREBY RELEASE Daily Boat Rental, Marina One, Inc., William Foster, LLC and Vortex,L.L.C, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AN ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY,EACH AND EVERY CRUISE LINE OR COMPANY WHO FACILITATED PARTICIPATION AND /OR PURCHASED OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

 


I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER/RENTAL TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

 


I understand that this assumption and acknowledgement of risks and release of liability agreement extends forever into the future and will have full force and legal effect each and every time myself or my minor child(ren) participates in a charter/rental whether at the current location or any other location or facility, including, any of its subsidiary or affiliates’ locations or facilities. The undersigned further expressly agrees that this assumption and acknowledgement of risks and release of liability agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

  


Disclaimer: This assumption and acknowledgement of risks and release of liability agreement is applicable to all renters/charterers, operators, passengers, and users of equipment provided by Daily Boat Rental, Marina One, Inc., William Foster, LLC and Vortex, L.L.C. their principals, directors, officers, agents, employees, and volunteers. If any other charter/rental/equipment agreement is supplemented with this release, the provisions of this release agreement will prevail over any clause in the rental/charter/equipment agreement that are inconsistent with this release. The undersigned agrees that he/she is also signing this release on behalf of the undersigned’s minor children. Renter/Charterer agrees that he/she will disclose all potential operators, passengers, or users of equipment and require each of them to sign this waiver of liability . Renter/Charterer further agrees that in the event he/she fails to notify rental/charter operator of all potential operators, passengers, or users of equipment that he/she will be personally liable for any damages to the undisclosed individuals who have failed to sign the wavier of liability, even if such damages are the fault of the above named releasees.

 




First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Renter Name:

Renter Name *
Date

Today's Date *
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*
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!