PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Cruisin Tikis Clearwater, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Cruisin Tikis Clearwater), I hereby agree to release, indemnify, and discharge Cruisin Tikis Clearwater, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in tiki boat tour 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: collision with fixed objects or other watercraft; boat capsize and entrapment; high wind, waves, or other inclement weather including cold and lightening; sea sickness; cold shock, hypothermia, sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; accidental drowning; exposure to sun, aggressive and/or poisonous marine life. Traveling to and from the pier raises the possibility of any manner of transportation accidents.
Furthermore, Cruisin Tikis Clearwater employees 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.
- 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.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Cruisin Tikis Clearwater 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 Cruisin Tikis Clearwater ‘s equipment or facilities, including any such claims which allege negligent acts or omissions of Cruisin Tikis Clearwater.
- Should Cruisin Tikis Clearwater 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.
- 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.
- In the event that I file a lawsuit against Cruisin Tikis Clearwater, 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, I may be found by a court of law to have waived my right to maintain a lawsuit against Cruisin Tikis Clearwater on the basis of any claim from which I have released them herein.
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.