Miami, Florida 33001
United States
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “MWS”), I hereby agree to release, indemnify, and discharge MWS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in boating, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, sailing, windsurf, hobie cat, and other watersport activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: variances and extremes of wind; falls from significant heights resulting in injury; wind shear and inclement weather including lightning, changing water flow, tides, shallow water, currents, wave action and ships’ wakes; slips and falls; accidental drowning; boat or watercraft may capsize and cause entrapment; collision with objects or other watercraft; watercraft is slippery when wet and accidents can occur getting in or out; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, or dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the machine resulting in strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; the negligence of participants, or other persons who may be present; equipment failure or operator error; accidents involving other vehicles, vessels or watercrafts; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity.
Furthermore, MWS personnel have difficult jobs to perform They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless MWS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of MWS’s equipment or facilities, including any such claims which allege negligent acts or omissions of MWS.
4. Should MWS or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against MWS, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, may be found by a court of law to have waived my right to maintain a lawsuit against MWS on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at MWS. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PROTECTIVE WETSUIT REFUSAL AGREEMENT
I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
I agree to the terms and conditions
Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)
We want you to have a great experience with us. However, for your protection and ours, you must read and agree to the provisions below before you are authorized to use our facilities and/or services. The different activities that are offered entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy yourself by watching others, but we cannot allow you to personally participate in any of our activities or actively use our facilities and/or services.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF MIAMI WATERSPORTS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM MIAMI WATERSPORTS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND MIAMI WATERSPORTS, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAMI WATERSPORTS, involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by me and/or by others. In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children.
On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations or partnerships claiming by or through them, from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, and exemplary), liability or obligations of any nature or kind, whether known at the time or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with me or my child’s activities with or at MIAMI WATERSPORTS, including claims involving their own negligence.
I agree to indemnify and hold harmless MIAMI WATERSPORTS, and its individual managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to, my child’s/children’s participation in any activities at MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit MIAMI WATERSPORTS, whether at the current location or any other location or facility.
I have read the MIAMI WATERSPORTS Waiver and Release from any Claim of Responsibility or Damage and agree to all conditions.
PROTECTIVE WETSUIT REFUSAL AGREEMENT
I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
I agree to the above terms and conditions
[I AGREE] Wear a wet-suit (or wet suit bottom) while operating PWC. Normal swimwear does not adequately protect against forceful water entry to the lower body opening(s) of both male and females. Severe internal injuries can occur if water is forced into body cavities as a Wet Suit result of falling into the water or near jet thrust nozzle.
[I AGREE] Additional protective equipment (such as footwear eyewear) may be needed
[I AGREE] PWC Controls – Keep Lanyard Attached: Securely attach engine shut-off cord (lanyard) to your wrist of PFD (as directed) and wear it at all times. Then if you fall off the PWC the engine will stop.
[I AGREE] Know How to Start and Stop the Engine – To start the engine be sure that the lanyard is attached and push the start button.
[I AGREE] To stop the engine push the button. Stopping the engine will not stop the forward motion for the PWC and will result in loss of steering.
[I AGREE] Know Operational Controls – The throttle controls your speed. Apply the throttle lever on the handle to accelerate and release it to slow down.
[I AGREE] The handlebars move the jet thrust nozzle directing thrust in different directions to steer the PWC. Without thrust you cannot steer the PWC.
[I AGREE] Avoid Collisions – Most PWC Injuries and Deaths Result from Collisions. Do Not Release Throttle when trying to Steer. You need throttle to steer
[I AGREE] Take Early Action to Avoid Collisions – Remember PWC’s and other boats do not have brakes.
[I AGREE] Scan Constantly – Scan constantly for people objects and other boats (including PWCs).
[I AGREE] Be alert for conditions that limit your visibility or block your vision for others.
[I AGREE] Operate Defensively – Operate at safe speeds.
[I AGREE] Keep a safe distance away from people objects and other boats (including PWCs).
[I AGREE] Do not go near others to spray or splash them with water.
[I AGREE] Avoid sharp turns and other maneuvers that make it difficult for others to avoid colliding with you or that make it difficult for others to understand where you are going.
[I AGREE] Other Hazards – Avoid Aggressive Maneuvers: This is a high-performance boat-it is not a toy.
[I AGREE] Ride within your limits and avoid aggressive maneuvers to reduce the risk of loss of control ejection and collision.
[I AGREE] Sharp turns or jumping wakes or waves can increase the risk of back/spinal injury (paralysis) facial inquiries and broken legs ankles or other bones.
[I AGREE] Do not jump wakes or waves.
[I AGREE] Do Not Apply Throttle when Anyone is at the Rear of the PWC – Items such as long hair loose clothing or PFD straps can become entangled in moving parts resulting in severe injury or drowning.
[I AGREE] Know How to Right the PWC in Open Water – If you capsize in open water swim to the rear of the PWC and turn it upright Be sure to turn it in the proper direction. Then board it from the rear.
[I AGREE] Other Rules and Safety Information that May Apply to Your Situation – Follow the Rental Agency Rules and Boating Laws Rental: Review all rental agency rules and applicable boating laws Boating Agency
[I AGREE] Do not overload PWC. Do not tow unless the PWC is designed and equipped for towing. Know and follow all State Requirements related to towing.
[I AGREE] Know the Waters – Know the area in which you will be operating and observe all navigational markers and signs
[I AGREE] Follow the Additional PWC Warnings and Instructions that May Apply – Depending on the circumstances the Owner’s Manual and product labels may have relevant information not covered in this Driver basic orientation
[I AGREE] Final Check – READY AND ABLE? I understand that you should scan constantly operate defensively and avoid aggressive maneuvers?
[I AGREE] I understand that PWCs do not have brakes?
[I AGREE] Do you understand that you should not release the throttle when you are trying to steer away from people objects other boats (including PWCs)?
[I AGREE] I do not have any questions about the PWC or its operation
[I AGREE] Safety Video – I have viewed the safety video and have had the opportunity to ask any questions relating to the video and/or my operation of jet ski.
[I AGREE] I understand the concepts and information addressed in the safety video.
[I AGREE] I have been instructed on and understand the rules and information provided in the orientation..
[I UNDERSTAND PRIOR TO CHECK IN AT DESK I WILL NEED] Government Photo ID
[I UNDERSTAND PRIOR TO CHECK IN AT DESK I WILL NEED] Jet Ski License completed for any one born after Jan 1st, 1988